Terms of Service
Date of last update: September 27, 2016.
As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not. To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion.
If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will rule GMCS’s relationship with you in relation to the Site and any services offered thereby (the “Service(s)”). These Terms also limit the remedies that may be available to you in the event of a dispute with us.
GMCS provides its clients, visitors and/or users with an informative platform regarding the availability of certain rights and procedures for gold mining claims in federal lands, among other Services and functionalities offered by GMCS from time to time. Your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Site.
You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or GMCS by others to:
1. Infringe these Terms or allow, encourage or facilitate others to.
2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party.
3. Enable any process to data-mine the Site (e.g. robots or similar data gathering and extraction tools).
4. Disturb the normal flow of Services provided within the Site.
5. Distribute, post or otherwise make available any content that:
(i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);
(ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group;
(iii) endangers children and underage persons;
(iv) is or allows illegal or fraudulent activities to take place;
(v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or
(vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous;
6. Create a link from the Site to another website or document without GMCS’s prior written consent;
7. Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
8. Create copies or derivate works of the Site or any part thereof;
9. Otherwise reverse engineer, decompile or extract the Site’s source code;
10. Remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
11. Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
12. Pretend to be or misrepresent any affiliation with any legal entity or third party.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services, without refund, reimbursement, or any other credit on our part.
In order to use some or all of the functionalities and Services provided via the Site, you may need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms. You must notify GMCS immediately of any change in your eligibility to use the Site, if you suspect a breach of security or unauthorized use of your account.
We use third-party payment processors such as credit card and/or PayPal to bill you for any purchases made through the Site via an external, third party payment system. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. GMCS is not responsible for any and all errors by the payment processors. We also accept personal checks, which are held for a 10 business day period, afterwards your order will be released and shipped. All returned checks will be charged a $25 USD return check fee. Counter checks are not accepted. Checks and money orders must be sent in US funds. Any currency conversion fees and expenses are responsibility of our third-party payment processors, not us.
Billing address must be the same as the shipping address. Due to credit card/ payment processors procedures, we cannot ship to a different address than the one billed to. We cannot offer overnight shipping services; therefore if your order is urgent, please be certain to purchase the digital version of the guide so that you receive your download immediately. Packages that are returned to us as undeliverable are issued a full refund. We are unable to re-ship orders that are returned to us as undeliverable. If you would still like to purchase items that were undeliverable, you can to place a new order on our Site. We can ship to PO Box address. We do not currently accept international orders.
Cancellation of digital products order will be processed within 3 business days of received request by email or phone. Cancellations must be made within 24 hours of placing the order or before the order ships. If a cancellation is placed within 24 hours and the order has not shipped, a refund will be issued by the payment method the order was originally charged. All refunds will be processed within 7 business days. If a cancellation is placed after the order ships, it is up to the customer to refuse the package. Once a refused package is received to our refunds department, a full refund will be processed (less shipping and handling) within 7 business days of receipt of the refused package. GMCS hereby reserves the right to cancel any order, at any time, at its sole discretion.
We offer a 100% money back guarantee that covers the price of our products only, and not shipping and handling fees. You can contact our support department for a RMA (Return Authorization Number). This number must be displayed on the outside of all return packages. Returned packages without RMA numbers will not be accepted.
Once a return is received or valid refund request submitted, the refund process will take no more than 30 business days. All refunds will be either returned to the original credit card/payment processing account –or- mailed in check form to the billing name and address. PayPal orders will be credited back to the PayPal account.
You have 60 days from the date of the original purchase to return the product to receive your refund. Any return received after the 60 day period limit will not be processed by GMCS. There is an unlimited amount of orders that a customer can place for one specific product, but the money back guarantee is void after a customer has used it for more than one specific product.
To ensure that your returned product is not lost or damaged, we strongly recommend sending the product by certified mail with a tracking number. If we are unable to receive the refunded product and the customer does not have proof that the product was returned to us, we will not be able to issue a refund. Valid proof of returning a product includes: delivery confirmation or signature required via USPS. Due to loss or missing or slow mail, we will honor any package that is postmarked for up to one year after the purchase of the product.
Upon the terms and conditions of 47 U.S.C. Section 230(d), GMCS informs its users about the commercial availability of parental control mechanisms which may assist them in limiting access to minors of material that is or may be considered harmful. GMCS thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. GMCS does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian. Users over the age of eighteen (18) can use the Site freely, but are otherwise prohibited from providing GMCS with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.
We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Any commercial electronic communication (“CEM”) that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Site are the property of – or otherwise are licensed or authorized to – GMCS or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throught the world.
Digital Millennium Copyright Act (‘DMCA’) Notice
In compliance with the DMCA, GMCS informs you that Tyson Loffredo is its Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact at Gold Mining Claim Secrets, 4080 Paradise Road Suite 15918, Las Vegas, Nevada 89169, by email to firstname.lastname@example.org or by telephone at 702-508-9149. You can review the DMCA text at the U.S. Copyright Office website.
Third party links
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services). Some or all of the images and other content displayed on the Site are licensed and/or purchased stock photos, and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.
GMCS hereby reserves the right to update, modify, change, amend, terminate or discontinue the Site, the Terms and/or the Policy, at any time and at its sole and final discretion. GMCS may change the Site’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please, refer to the date shown below for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect GMCS’ opinions, nor do GMCS, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
Neither GMCS, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results; or that any information, quick start guides, sheets, checklists, step-by-step guides, reference guides and/or sample filing forms will be current, useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by GMCS or its employees, affiliates, contractors and/or agents shall create a guarantee.
Neither GMCS nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are an attorney or a professional advisor in any industry. The results described in the Site are not typical and will vary based on a variety of factors outside the control of GMCS. Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.
Disclaimer of Damages
To the fullest extent allowable under applicable law, GMCS hereby expressly disclaims any and all representations and warranties of any kind with respect to the Site, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on our Site, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, reliability, suitability, fitness for a particular purpose or non-infringement.
Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Site and Services “as is”, “with all faults”, and “as available”, including all content, quick start guides, sheets, checklists, step-by-step guides, reference guides, sample filing forms, software, materials, services, functions, and/or information made available thereby. It shall be your own responsibility to ensure that any products, Services or information available through this Site meet your specific requirements.
Limitation of Liability
In no event shall GMCS be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Site; however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of the possibility of such damages.
In recognition of the relative risks and benefits of the Services provided via the Site, to both GMCS and the customer, the risks have been allocated such that you, our customer, hereby acknowledges and agrees, to the fullest extent permitted by law, to limit the maximum cumulative liability of GMCS to you for any and all claims, losses, costs, damages of any nature, arising out of or related to your use of the Site and any Services thereon or whatsoever claims expenses from any cause or causes (including reasonable attorneys’ fees and costs and expert witness fees and costs), to the amount that is or results inferior among: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD$50 (Fifty United States Dollars).
Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages. Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.
You agree to indemnify, defend and hold GMCS and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; or (iii) your violation of the rights of any third-party.
No Waiver. Failure by GMCS to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and GMCS are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. Any notices or communications among the parties to these Terms shall be done in writing and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Nevada, United States of America, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Las Vegas, State of Nevada, United States of America. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Language. GMCS may provide a translation of the English version of these Terms into other languages; and any translation thereof is only for convenience and the English version shall prevail.
You can contact us at Gold Mining Claim Secrets, 4080 Paradise Road Suite 15918, Las Vegas, Nevada 89169, by email to email@example.com or by telephone at 702-508-9149.