Terms and Policies
Thank you for being a part of our GoldenSHERPA (“GS”) community. If you choose to have an account, each time you use our platform or service you agree to the Terms of Service set forth below.
At GS, we take your privacy very seriously. Your personally identifiable information is handled with the greatest of care. We will not share your personally identifiable information without your approval.
Amalgamated data, from which you cannot be personally identified may be used or shared to improve the services provided.
2. Intellectual Property
Intellectual property rights in GS’s name, content, and branding belong exclusively to GS. GS logo and branding may be used with the express written permission of GS.
If you are a service provider (a “Provider”) working with GS to bring your services to people who may benefit from those services, we understand that you will be providing information and images (“Content”) to assist users to see and understand your services. To the extent that you own Content before you upload it, you continue to be the owner of your own intellectual property.
Provider agrees not to place any content on the GS platform or website that contains intellectual property to which Provider does not own or fully control all intellectual property rights necessary to use them on such platform and grant GS the licenses set forth in this Agreement.
Provider irrevocably grants GS a non-exclusive, royalty-free, transferable, sub-licensable, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content to use, host, store, reproduce, share modify, publish, display and distribute Content submitted, shared, or created for the GS Platform or advertising.
If Provider chooses to terminate this agreement or not to continue with GS, Provider may request, and GS will, remove all of Provider’s proprietary information and encrypted Platform data to the extent technically and reasonably feasible.
3. Information Provided
Provider agrees to provide only accurate data and information and to update such information as it changes, but no less than weekly.
Provider agrees to inform GS if there is any dispute regarding the information provided.
GS does not guarantee that the platform will be fully functional and/or accessible at all times, and reserves the right to conduct maintenance even when that may involve the temporary suspension of the platform. GS shall not be liable for failures of functionality or inaccessibility of the platform.
While we strive for maximum uptime, provider and user access is not guaranteed and downtime is possible.
Provider agrees to keep confidential any Platform passwords or access details. Provider is responsible for all activity that happens on or through its password.
All payments are processed by our third-party processor, and you agree to their terms of service available here to the extent that they apply to your payments. We reserve the right to change our third-party processor at any time without notice.
On a separate page available here you are agreeing to the structure of your payments. GS will keep a record of your payment preferences, including credit card data held as securely as we provide, for future payments. Should you desire to pay in advance for periods of service rather than keeping payment information on file, that is your choice. However, accounts overdue in payment obligations may be suspended or terminated at the sole discretion of GS.
If you choose to terminate this Agreement or not to continue with GS, you may request, and GS will remove all of your credit card information.
All users of GS’s website or platform agree to indemnify, defend and hold harmless GS, its affiliates, officers, directors, shareholders, employees, agents, and representatives from all liabilities, damages, claims, losses, costs and expenses (including legal fees) arising out of or relating to (i) a breach of this Agreement; (ii) the negligence or willful misconduct of the user, its employees and/or its assignees and delegatees; and (iii) a claim that the Content infringes or misappropriates the intellectual property rights of a third party.
The Parties Agree that all unresolvable disputes regarding this Agreement shall be resolved by arbitration in the State of Washington.
8. Separate Agreements
Where Applicable, these Terms of Service incorporate by reference any Mutual Service Agreement existing between the Parties, and if any term herein is interpretable as having a conflict with that agreement, the Mutual Service Agreement governs.
9. General Disclaimers
GS is not a doctor, nor does it make determinations regarding the residential or medical needs of any person. Though criteria assist in referral to residences and services, it is solely the responsibility of the consumer to investigate and determine which service provider is best for them.
GS does not make any commitments about the content within the platform, the specific functions of the platform, or its reliability, availability, or ability to meet your needs. We provide the platform “as is”. All implied warranties are excluded and disclaimed to the fullest extent permitted by law. GS will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of GS for any claims and/or losses (forseeable or unforseeable) related to this agreement is limited to the amount the provider or consumer paid GS.
Each provider holds GS and its affiliates, officers, agents, and employees harmless and will indemnify GS from any claim, suit or action arising from provider’s breach of this agreement, including, without limitation, litigation costs and attorneys’ fees.
To the extent permitted by law, The statute of limitations to take any action in tort or contract against GS is shortened to 90 days.