Legal Information – Terms and Conditions of Us
Important! Read carefully before accessing, reading or otherwise using this website.
All materials on this site © 2005 Golden Toad, Inc. or used with permission. All rights reserved. Golden Toad, Golden Toad, Inc.and Saving the Planet One Tongue at a Time are trademarks of the Company.
Mailing address:
Golden Toad, Inc. P.O. Box 261699 Littleton , CO 80163-1699
1. PRIVACY
Please review our Privacy Notice, which also governs your visit to www.goldentoad.com and www.goldentoadinc.com.
2. GENERAL TERMS OF USE
Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. Golden Toad, Inc. (the "Golden Toad") reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Golden Toad's site.
3. ELECTRONIC COMMUNICATIONS
When you visit any of the Golden Toad’s sites or send e-mails to us, you are communicating with the Golden Toad electronically. You consent to receive communications from the Golden Toad electronically. The Golden Toad will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that the Golden Toad provides to you electronically satisfy any legal requirement that such communications be in writing.
4. COPYRIGHTS, TRADEMARKS & RESTRICTIONS
All materials on this site, including, but not limited to, images, text, illustrations, audio clips, video clips (the "Materials") are owned or licensed by the Golden Toad, or otherwise used with permission by the Golden Toad and are protected by United States and international copyright laws. Golden Toad, Inc. and Saving the Planet One Tongue at a Time are trademarks of the Golden Toad. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.goldentoad.com or www.goldentoadinc.com or any other website owned or operated by the Golden Toad without the prior written permission of the Golden Toad. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal noncommercial home use only, provided all copyright and other notices contained in the Materials are left intact. Recipes may be printed for personal noncommercial home use only. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Golden Toad's copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from the Golden Toad.
5. OWNERSHIP OF SUBMISSIONS
By transmitting bulletin board postings, e-mail, messages, suggestions, ideas, pictures, recipes, links or concepts (each, a "Submission"), whether unsolicited or solicited, to the Golden Toad you are granting the Golden Toad a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to you for such use. The Golden Toad also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your submission. All submissions become the property of the Golden Toad and may be edited for use.
6. SOLICITED INFORMATION
At times, the Golden Toad may solicit from visitors to www.goldentoad.com or www.goldentoadinc.com various types of information. For information on how this information will be used, please see our Privacy Policy and any notices of planned use posted where we solicit the information. Your provision of information in response to such a solicitation when informed of the planned use is a grant by you to the Golden Toad of a royalty-free, nonexclusive, perpetual, unrestricted worldwide right and license to use the information as planned.
7. UNSOLICITED SUBMISSIONS
Although comments and questions are welcomed, the Golden Toad does not accept unsolicited submissions or creative ideas for its programs or products. Accordingly, any unsolicited submissions will become, and remain, the property of the Golden Toad. Furthermore, the Golden Toad is not responsible for the confidentiality of any Submission. (Please see our Privacy Policy regarding information that is solicited by us.)
8. REVIEWS, COMMENTS, MESSAGE BOARDS, CHATS AND FORUMS
The Golden Toad is not responsible for any material posted in any Bulletin Board, chat room or in any other forum on this website (each, a "Forum"). The Golden Toad, at times, may provide access to such material in such Forum(s) as a service to you and Forums shall be used only in a noncommercial manner (for entertainment purposes only). By participating in the Golden Toad’s Forums you are indicating your agreement to comply with these Terms of Use.
You shall not, without the Golden Toad's express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any commercial online service or other organization is expressly prohibited.
With respect to any materials posted for inclusion in such Forums by other parties, such parties are responsible for the reliability, accuracy, and truthfulness of such material and such matters are beyond the control of the Golden Toad. Similarly, the Golden Toad has no control over whether such material is of a nature that users will find inoffensive, tasteful and otherwise acceptable and expressly disclaims any responsibility for such material. Just as when you obtain materials in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing materials in any of the Forums and in taking any actions based upon material in such Forums. Accordingly, you will bear all risk associated with any such material that you access.
With respect to any materials you elect to post for inclusion in such Forums, you grant to the Golden Toad, simultaneous with such posting, the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree not to upload, transmit, distribute or otherwise publish in any Forum any material that is: 1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; 2) an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; 3) illegal in any way or advocates illegal activity; 4) an advertisement or solicitation of funds, goods, or services; 5) a message posted by a user impersonating another; 6) personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; or 7) chain letters of any kind. You also agree to indemnify the Golden Toad for any claims or suits arising from your posting of such material in a Forum.
The Golden Toad reserves the right to monitor and delete any postings deemed inconsistent with its policies. The Golden Toad also reserves the right to, at our discretion, terminate the registration of any Forum user who violates any of the Terms of Use. If you are aware of any such material posted on the Golden Toad's website, please contact us at webmaster@goldentoad.com. Please provide as much detail as possible, including a copy of the underlying material, the location where the Golden Toad may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates. Although the Golden Toad will do its best to monitor materials in Forums, in no event does it assume any particular obligation to do so or liability for failing to either monitor the Forums or remove specific material.
9. LINKS
The Golden Toad is not responsible for the content of any sites which may be linked to www.goldentoad.com, www.goldentoadinc.com or any page on any of the Golden Toad's websites. These links are provided for your convenience only and you access them at your own risk.
10. PRODUCT DESCRIPTIONS
Although the Golden Toad and its affiliates attempt to ensure the accuracy of content, the Golden Toad and its affiliates do not warrant that product descriptions or other content of this site is accurate, complete, current, reliable or error-free. If you find that a product offered on the Golden Toad’s sites is not as described, your sole remedy is to return it in unopened and resalable condition.
11. PRICING
Prices are subject to change without notice. Except where noted otherwise, the List Price displayed for products on the Golden Toad’s websites represents the full retail price. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which mean the aggregate of the estimated or suggested retail price for each of the items included in the set. With respect to items sold on this site, the Golden Toad cannot confirm the price of an item until you order; however, the Golden Toad does NOT charge your credit card until after your order has entered the shipping process. Despite the Golden Toad’s best efforts, a small number of the items on its sites may be mispriced. If the Golden Toad discovers a mispriced item, the Golden Toad will do one of the following: If an item's correct price is lower than our stated price, the Golden Toad will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, the Golden Toad will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
12. PAYMENT TERMS
Terms of payment are within the Golden Toad’s sole discretion. Payment must be received by the Golden Toad prior to the Golden Toad’s acceptance of an order. Payment for the products will be made by credit card only, unless some other prearranged payment method has been agreed to by the Golden Toad. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. The Golden Toad may invoice parts of an order separately. Orders are not binding upon The Golden Toad until accepted by the Golden Toad. Any quotations given by the Golden Toad will be valid for the period stated on the quotation. Customers agree to pay interest on all past-due sums at the highest rate allowed by law.
13. SHIPPING CHARGES / TAXES / DELIVERY
Charges for shipping and handling will be shown on the Golden Toad’s invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the Golden Toad’s invoice. The Golden Toad will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God.
14. TITLE / RISK OF LOSS
All purchases made on any of the Golden Toad’s websites are made pursuant to a shipping contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
15. DISCLAIMERS
By using this website and/or transmitting to it any Submission(s), you agree to indemnify the Golden Toad, its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GOLDEN TOAD MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEBSITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
The materials provided in this website are for entertainment, educational and promotional purposes only. User may not rely on any information and opinions expressed in it for any other purpose. Neither the Golden Toad, nor its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Golden Toad's website.
16. TERMINATION
The Golden Toad may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the website, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement will survive any such termination.
17. JURISDICTION
This site is controlled and operated by the Golden Toad from the Golden Toad's headquarters in Colorado. The Golden Toad does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement will be governed by and construed in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site will be brought in either the State or Federal Courts of Colorado. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in force. This contains the entire agreement between you and the Golden Toad concerning your use of the site, and the agreement will not be modified, except in writing by the Golden Toad.
© 2006 Golden Toad, Inc. All rights reserved.
