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Terms and Conditions and Terms for Use of Services

Last Updated:  November 28, 2023

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Welcome to www.goldbusinesscenter.com, a service provided by Divine Advance, LLC. By accessing or using our website, membership services, or working with our affiliates, partners, or staff, you agree to the following Terms and Conditions. Please read them carefully before using our services.

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1. Scope of Services

  • Gold Business Center offers business consulting, design services, coaching, training, and access to a membership program with various resources.

  • The services provided are customized to meet client needs and may include business plan writing, graphic design, website development, marketing strategies, and more.

  • All work is undertaken based on the information provided by the client and their active participation in the process.

 

2. Payment Terms and Structure

  • Payments made to Gold Business Center and Divine Advance, LLC are considered retainers for time, expertise, and services rendered, not specific deliverables (e.g., design items or products).

  • All membership fees and service charges are non-refundable, as they secure access to services and consultation time, regardless of the final outcome or usage.

  • Additional services beyond those agreed upon in the initial contract may incur extra charges, which will be communicated before proceeding with the work.

 

3. Refund Policy

  • All payments, including those for membership, design services, and consulting, are non-refundable.

  • In the event of a client’s decision to cancel their membership or terminate the service agreement, no refunds will be issued for time already spent or for services rendered.

  • Clients are responsible for ensuring that they are aware of and understand the scope of work and timeframes prior to making payments.

 

4. Timeline and Delivery

  • Any project timeline, including the delivery of designs or other services, is contingent upon timely client responses and decisions.

  • All delivery promises or other specified timelines are voided if delays are caused by the client, including but not limited to:

    • Waiting on third-party approvals (e.g., family members or business partners).

    • Requesting changes to previously agreed-upon work.

    • Failure to provide necessary materials or feedback within 24 hours.

  • Delays initiated by the client will result in an extension of the delivery timeframe.

 

5. Client Responsibilities

  • Clients are expected to:

    • Respond to requests for information, approvals, and feedback within 24 hours.

    • Attend all scheduled meetings and phone calls on time.

    • Clearly communicate project expectations and needs.

    • Respect staff time by not contacting them outside of business hours or during weekends, unless otherwise agreed upon.

  • Gold Business Center and its affiliates reserve the right to decline additional work, extend timelines, or charge additional fees if these responsibilities are not met.

 

6. Work Hours and Availability

  • Gold Business Center operates during regular business hours: Monday to Thursday, 9 AM to 5 PM (Pacific). No services or work will be performed on weekends unless expressly agreed upon in writing.

  • Clients are notified that contacting staff outside of these hours does not guarantee a response, and work requested or changes made outside business hours will not be prioritized.

 

7. Design Ownership and Usage

  • All design work created by Gold Business Center remains the intellectual property of Divine Advance, LLC until final payment is made in full.

  • Upon completion of the project and full payment, clients are granted a non-exclusive, non-transferable license to use the design for its intended purpose.

  • Unauthorized reproduction, resale, or modification of any design or service provided without written permission from Divine Advance, LLC is prohibited.

 

8. Client Delays and Impact on Projects

  • Any delay initiated by the client (e.g., decision-making delays, changes to content, image or design approval delays) will automatically extend the project completion date.

  • Delays exceeding 5 business days will result in the project being paused, and the client may be required to pay a reactivation fee to resume work.

 

9. Termination of Services

  • Gold Business Center reserves the right to terminate any service or membership if the client engages in unprofessional behavior, including but not limited to:

    • Bullying, threats, or harassment of staff or affiliates.

    • Dishonesty or unrealistic demands.

    • Failure to pay for services rendered or attempt to reverse payments after work has been completed.

  • If terminated due to the above reasons, the client will not receive any refund and may be liable for any remaining balance due.

 

10. Limitations of Liability

  • Gold Business Center, Divine Advance, LLC, and its affiliates are not liable for any losses or damages resulting from:

    • Client delays.

    • Miscommunication of project requirements by the client.

    • Client’s use of the final product (e.g., business plan, design, or advice).

    • Any damages caused by third-party services recommended by Gold Business Center.

  • In no event shall Gold Business Center or its affiliates be held responsible for amounts exceeding the fees paid for services rendered.

 

11. Recording and Documentation

  • To ensure clarity and transparency, Gold Business Center reserves the right to record all client meetings and phone calls, which may be used for training, quality assurance, and dispute resolution.

  • Clients will be notified in the introductory meeting that all calls are recorded and asked if they agree

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12. Dispute Resolution

  • Any disputes arising from these terms or related to the services provided must be addressed through mediation before any legal action is taken.

  • Mediation will be conducted in CA, where Divine Advance, LLC is incorporated, unless otherwise agreed upon in writing.

 

13. Indemnification

  • By using our services, the client agrees to indemnify and hold harmless Gold Business Center, Divine Advance, LLC, its affiliates, partners, and staff from any and all claims, losses, liabilities, or expenses arising out of:

    • The client’s failure to fulfill their obligations.

    • Any unauthorized use of the work or services provided.

    • Misrepresentation of facts provided to Gold Business Center.

 

14. Membership Policies

  • Membership payments are considered a retainer for consulting time and access to resources, not payment for specific deliverables.

  • Members are expected to utilize their time and access responsibly, and refunds will not be issued if services are not used within the membership period.

 

15. Modification of Terms

  • Gold Business Center reserves the right to modify these Terms and Conditions at any time. Members and clients will be notified of significant changes via email or website updates.

 

By continuing to use our services after any changes, you agree to be bound by the revised Terms and Conditions.

Website Visitor Rules and Regulations

 

1. Acceptance of Terms

By accessing or using the Gold Business Center website (the "Site"), you agree to comply with these Visitor Rules and Regulations. If you do not agree with these terms, you must refrain from using the Site.

 

2. Permitted Use

  • General Use: The Site is provided for informational purposes only. You may browse and view content for personal use.

  • Prohibited Activities: You must not use the Site for any unlawful purpose or engage in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

 

3. Intellectual Property

  • Ownership: All content, materials, and information on the Site, including but not limited to text, graphics, logos, and software, are owned by or licensed to Gold Business Center and are protected by intellectual property laws.

  • Restrictions: You may not copy, reproduce, distribute, transmit, display, modify, or create derivative works from any content on the Site without express written permission from Gold Business Center.

 

4. User Conduct

  • Compliance: Visitors must comply with all applicable laws and regulations while using the Site.

  • Prohibited Conduct: Visitors must not engage in any activity that is harmful, harassing, threatening, or defamatory, or that violates the privacy or rights of others.

 

5. Privacy and Data Collection

  • Privacy Policy: Your use of the Site is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

  • Cookies and Tracking: The Site may use cookies or other tracking technologies. By using the Site, you consent to our use of these technologies as described in our Privacy Policy.

 

6. Third-Party Links

  • External Sites: The Site may contain links to third-party websites or resources. Gold Business Center is not responsible for the content, accuracy, or opinions expressed on such sites.

  • No Endorsement: The inclusion of any third-party link does not imply endorsement or approval by Gold Business Center.

 

7. Disclaimers and Limitation of Liability

  • No Warranty: The Site and its content are provided "as is" and "as available," without any warranties of any kind, either express or implied.

  • Limitation of Liability: Gold Business Center shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of or inability to use the Site.

 

8. Termination of Access

  • Termination: Gold Business Center reserves the right to terminate or restrict your access to the Site at any time, without notice, for any reason, including if you violate these rules and regulations.

 

9. Modifications

  • Changes to Terms: Gold Business Center may update these Visitor Rules and Regulations from time to time. Continued use of the Site following any changes constitutes acceptance of the revised terms.

  • Notification: Any significant changes will be posted on the Site, and your continued use of the Site constitutes acceptance of the updated terms.

 

10. Governing Law

  • Applicable Law: These Visitor Rules and Regulations are governed by the laws of the State of California, without regard to its conflict of law principles.

  • Dispute Resolution: Any disputes arising from these terms or your use of the Site shall be resolved in accordance with the Arbitration Clause outlined in the Site’s Terms of Service.

 

11. Contact Information

  • Questions or Concerns: If you have any questions or concerns about these Visitor Rules and Regulations, please contact Gold Business Center at [contact information].

Membership Rules and Terms of Use for

The Treasure Chest 

Last Updated: November 28, 2023

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To ensure that all members enjoy a productive, professional, and supportive environment, the following Membership Rules and Terms of Use are in place. These terms govern your access to the Treasure Chest and all associated resources. By becoming a member, you agree to adhere to these guidelines.

 

Membership Rules

 

1. Profile Completion

  • All members are required to complete their profiles with accurate and detailed information. This allows the Gold Business Center to tailor support and resources to your specific needs.

 

2. Professional Conduct

  • Members must act professionally and respectfully at all times when interacting with the Gold Business Center community, including staff, Strategy Executives, Business Center Advisors, and fellow members.

  • Harassment, bullying, or any form of inappropriate behavior will not be tolerated and may result in the termination of your membership without a refund.

 

3. Login Security

  • Each membership account is personal and non-transferable. Members are responsible for maintaining the confidentiality of their login credentials and must not share their account details with others. Any unauthorized use of an account will result in immediate suspension.

 

4. Exclusive Use of Resources

  • Information and resources accessed through the Treasure Chest are for personal business use only. Members are prohibited from redistributing, sharing, selling, or otherwise disseminating content to non-members without explicit written consent from a Gold Business Center Strategy Executive.

 

5. Research and Due Diligence

  • While the Gold Business Center provides valuable resources, members are responsible for conducting their own research and consulting with appropriate professionals (e.g., legal, accounting, or financial advisors) to ensure the accuracy and applicability of the information to their business.

 

6. Legal Compliance

  • Members must comply with all local, state, and federal laws and regulations in their business practices. The Gold Business Center is not liable for any legal infractions or non-compliance by members.

 

7. Updates to Membership Rules

  • The Gold Business Center reserves the right to modify or update these rules at any time to maintain the integrity and standards of the membership program. Members are encouraged to regularly review updates to remain in compliance.

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8.  Truthfulness and Transparency

  • Members must provide truthful and accurate information in all interactions with the Gold Business Center, its staff, and other members. Providing false, misleading, or deceptive information in any form is strictly prohibited and may result in immediate suspension or termination of membership without a refund.

  • Members are expected to act with integrity in all business dealings and communications. Any attempt to mislead or defraud the Gold Business Center, its affiliates, partners, or other members will be grounds for legal action, membership termination, and forfeiture of all fees paid.

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Disclaimer

 

1. No Legal or Accounting Advice

  • The Gold Business Center does not provide legal, accounting, financial, or investment advice. Any information provided should be considered general guidance, and members should seek the services of qualified professionals for specific advice.

 

2. Not a Financial Institution

  • The Gold Business Center is not a lender or financial institution and does not offer loans or other financial products.

 

3. Member Responsibility

  • Members acknowledge that they are solely responsible for the success or failure of their businesses. The Gold Business Center, Divine Advance, LLC, its staff, affiliates, associates, representatives, Strategy Executives, and Business Center Advisors are held harmless from any claims, losses, or legal disputes arising from the use of services or resources.

 

4. Information Accuracy

  • While we strive to provide accurate and current information, some content in the Treasure Chest may become outdated. The Gold Business Center does not guarantee the accuracy or completeness of the information and encourages members to independently verify its relevance.

 

Rules for Accessing and Using the Treasure Chest

 

1. Exclusive Access

  • Access to the Treasure Chest is restricted to active members only. Sharing your login details or granting access to non-members is strictly prohibited and may result in account termination without a refund.

 

2. Prohibited Redistribution

  • Redistributing, sharing, or selling any information, materials, or resources from the Treasure Chest without prior written consent from a Gold Business Center Strategy Executive is strictly forbidden.

 

3. Content Updates

  • The Treasure Chest is regularly updated to provide the most relevant resources for our members. However, members acknowledge that some information may not be fully up-to-date, and they are responsible for verifying and validating the content for their business needs.

 

4. Personal Use Only

  • All resources in the Treasure Chest are intended for the personal use of the member and their business. These resources should be used solely to support the member's individual business growth and development.

 

Hold Harmless Agreement

 

By accessing the Gold Business Center and the Treasure Chest, members agree to hold harmless Gold Business Center, Divine Advance, LLC, its owners, staff, affiliates, associates, representatives, Strategy Executives, and Business Center Advisors from any claims, losses, or lawsuits that may arise from the use or misuse of the provided resources, information, or services.

 

Integrity and Reputation

 

To preserve the integrity and reputation of the Gold Business Center, the Treasure Chest, and all associated products and services, members agree to the following:

 

1. Adherence to All Rules

  • Members must strictly follow all membership rules and terms of use. Any violation may result in suspension or termination of membership without a refund.

 

2. Confidentiality

  • All information accessed through the Treasure Chest must be kept confidential and used exclusively for personal business purposes. Sharing or leaking proprietary information is grounds for immediate termination.

 

3. Respect for the Community

  • Members must treat all staff, Strategy Executives, Business Center Advisors, and fellow members with respect and professionalism at all times. Failure to do so may result in membership suspension.

 

4. Reporting Violations

  • Members are encouraged to report any misuse of resources or violations of the membership rules to the Gold Business Center administration. Prompt reporting ensures the continued integrity of the community.

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5. Truthful Representation

  • Members must represent themselves and their businesses honestly at all times. Any false or misleading claims made during membership or while using Gold Business Center resources may result in immediate membership revocation and possible legal action.​

 

Conclusion

 

We thank you for adhering to these Membership Rules and Terms of Use and for being a valued member of the Gold Business Center. Your compliance helps create a supportive, professional, and thriving business community. Should you have any questions about these guidelines or need assistance, please contact our support team at goldbusinesscreditservices@gmail.com.

Code of Ethics

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Introduction

 

Gold Business Center, operating as Gold Business Credit Services under Divine Advance, LLC, is committed to conducting its business with the highest ethical standards. This Code of Ethics sets forth principles that guide our interactions with clients, partners, employees, and other stakeholders.

 

Adherence to these principles is crucial to maintaining our integrity and reputation.

 

1. Integrity and Honesty

  • Commitment to Truth: We will conduct all our business dealings with honesty and integrity, ensuring transparency in our communications and actions.

  • Accuracy: We strive to provide accurate, complete, and timely information in all our dealings.

 

2. Professionalism

  • Competence: We are dedicated to maintaining a high level of professionalism and competence in our services. Continuous education and training are essential to staying current with industry standards and regulations.

  • Respect: We treat all individuals with respect, fairness, and dignity. We respect differing opinions and perspectives.

 

3. Confidentiality

  • Privacy: We respect the confidentiality of all sensitive information entrusted to us. We will not disclose client or partner information without proper authorization, except where required by law.

  • Data Security: We implement and maintain robust security measures to protect the confidentiality and integrity of client information.

 

4. Compliance with Laws and Regulations

  • Legal Adherence: We comply with all applicable laws, regulations, and industry standards in every aspect of our business.

  • Ethical Conduct: We avoid engaging in any activities that could be considered illegal or unethical, including but not limited to bribery, fraud, and corruption.

 

5. Conflict of Interest

  • Disclosure: We avoid situations where personal interests conflict with professional responsibilities. Any potential conflicts of interest must be disclosed and addressed promptly.

  • Objectivity: Our decisions and recommendations will be made objectively, without undue influence from personal interests or relationships.

 

6. Accountability

  • Responsibility: We hold ourselves accountable for our actions and decisions. We accept responsibility for any mistakes and work to rectify them promptly.

  • Transparency: We are transparent about our processes and decisions, ensuring that stakeholders are informed and involved as appropriate.

 

7. Ethical Marketing and Communication

  • Truthful Advertising: Our marketing and promotional materials will be truthful and not misleading. We will ensure that all claims about our products and services are accurate and substantiated.

  • Respectful Communication: We communicate in a manner that is respectful, clear, and professional. We avoid disparaging remarks about competitors or misleading potential clients.

 

8. Fair Business Practices

  • Fair Competition: We engage in fair competition and avoid practices that could unfairly disadvantage competitors or clients.

  • Client Welfare: We prioritize the best interests of our clients and provide services that align with their needs and goals.

 

9. Environmental Responsibility

  • Sustainability: We are committed to reducing our environmental impact by implementing sustainable practices and promoting environmental responsibility within our operations.

 

10. Reporting and Enforcement

  • Reporting Violations: Employees and stakeholders are encouraged to report any unethical behavior or violations of this Code. We provide mechanisms for confidential reporting and will investigate all reports thoroughly.

  • Enforcement: Violations of this Code may result in disciplinary action, up to and including termination of employment or contractual agreements.

 

Conclusion

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This Code of Ethics reflects our commitment to ethical business practices and is integral to our mission of providing exceptional services with integrity. All employees, partners, and stakeholders are expected to uphold these principles and contribute to a culture of ethical conduct.

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Members Code of Conduct  

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Introduction

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Gold Business Center is dedicated to fostering a professional, respectful, and productive environment for all members. Our Code of Conduct outlines the expected behavior and responsibilities of our members.

 

Adherence to these guidelines ensures a positive and collaborative community.

 

1. Professional Behavior

  • Respect: Members must treat others with respect and courtesy. Harassment, discrimination, or any form of inappropriate behavior is strictly prohibited.

  • Integrity: Members are expected to conduct themselves with honesty and integrity in all interactions. Misrepresentation of information or deceptive practices are not tolerated.

 

2. Compliance with Policies

  • Adherence: Members must comply with all applicable policies, rules, and regulations of Gold Business Center. This includes policies related to the use of services, confidentiality, and intellectual property.

  • Lawful Conduct: Members must adhere to all relevant local, state, and federal laws and regulations. Illegal activities are strictly prohibited.

 

3. Confidentiality

  • Protection of Information: Members must respect the confidentiality of sensitive information shared within the Gold Business Center community. Unauthorized disclosure of confidential information is prohibited.

  • Data Security: Members should use secure methods to handle and store sensitive data and should not engage in activities that compromise data security.

 

4. Fair Use of Services

  • Responsible Use: Members are expected to use Gold Business Center’s services and resources responsibly and for their intended purposes. Abuse or misuse of services is not permitted.

  • No Unauthorized Access: Members must not attempt to access services or information outside their authorized scope or engage in any activity that disrupts the operation of Gold Business Center.

 

5. Ethical Conduct

  • Honesty: Members should provide accurate and truthful information in all dealings related to Gold Business Center.

  • Conflict of Interest: Members should disclose any potential conflicts of interest and avoid situations that may present a conflict.

 

6. Communication and Collaboration

  • Constructive Interaction: Members are encouraged to engage in constructive and collaborative interactions. Negative, hostile, or disruptive behavior will not be tolerated.

  • Respect for Diversity: Members should respect the diverse backgrounds, perspectives, and ideas of others in the community.

 

7. Reporting and Accountability

  • Reporting Violations: Members are encouraged to report any violations of this Code of Conduct to Gold Business Center. Reports should be made through the designated channels and will be handled confidentially.

  • Compliance: Members are expected to cooperate fully with any investigations into alleged violations.

 

8. Membership Termination

  • Violation of Code: Any member found to be in violation of this Code of Conduct may have their membership canceled immediately, without prior notice and without refund.

  • Disciplinary Action: The decision to cancel membership will be at the sole discretion of Gold Business Center, based on the severity and nature of the violation.

 

Conclusion

 

This Code of Conduct is essential for maintaining a positive and professional environment within Gold Business Center. All members are expected to adhere to these guidelines to ensure a respectful and productive community. Violations of this Code may result in immediate cancellation of membership, without notice or refund.

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Agreement to Terms for the Business Finance Suite and Other Services

 

By purchasing any product or service, you agree to these terms, forming a legally binding contract between you and Gold Business Center, which operates under the DBA Gold Business Credit Services, a division of Divine Advance, LLC.

 

1. Overview

These terms govern your use of Gold Business Center and Business Finance Suite services ("Services"). By using these services, you agree to all terms, restrictions, and policies listed here or on related sites, which may be updated at any time. Continued use after updates implies acceptance. Keep your contact info current; we are not responsible for missed updates.

 

2. Services & Products

We offer products and services related to business credit and financing. Specific terms may apply to certain products in addition to these general terms.

 

3. Fees & Payments

  • Payment Terms: Installment options are available, but timely payments are required to avoid service cancellations.

  • Enrollment Agreement: By enrolling, you consent to these terms.

  • Payment Schedule: Installments are due bi-weekly or monthly. Missed payments may result in service suspension.

  • Dispute Resolution: Contact support for issues before seeking alternative remedies.

 

4. Non-Disclosure & Confidentiality

Both parties may share confidential information, which must be protected with the same care as one's own. This obligation extends for two years post-disclosure. Exclusions apply to public, legally obtained, or independently developed information.

 

5. Non-Circumvention

You agree not to bypass Gold Business Center in dealings with investors introduced by us.

 

6. Indemnification

  • By Us: We will indemnify you from claims related to our investor introductions.

  • By You: You agree to indemnify us from claims arising from your promotion of our services.

 

7. Software Use

  • License Grant: You may use one copy of the software and create one backup.

  • Restrictions: No alterations, copying, or reverse-engineering without permission.

  • Warranty: Software will perform as advertised for 12 months.

  • Liability Limitation: We are not liable for damages arising from software use.

 

8. Liability & Limitations

We are not liable for indirect or consequential damages. Maximum liability is limited to the amount paid for services.

 

9. General Terms

  • Governing Law: This agreement is governed by California law.

  • Dispute Resolution: Disputes will be resolved via binding arbitration in California.

  • Severability: If any part of this agreement is unenforceable, the rest remains valid.

  • Termination: We may terminate services at any time for any reason.

 

10. Disclaimer of Warranties and Limitation of Liability

We do not guarantee that the software will meet your needs. Gold Business Center will not be liable for lost data or damages resulting from software issues. The only remedy is the correction or replacement of the software. Claims must be made within the warranty period.

 

11. User Agreement

By accepting this agreement, you agree to abide by these terms and acknowledge that no refunds will be offered.

 

12. Advisory & Consulting Services and Limitations

  • Engagement: The Member retains an Advisor for consulting services to help establish business credit.

  • Services Provided: Includes advising on corporate compliance, establishing credit files, and more. Additional costs may apply for certain services.

  • Authority and Cooperation: Member agrees to cooperate fully and incur additional costs as needed.

  • Elective Costs: This may include credit monitoring, trade account setup, state filing, and more.

 

13. Party Responsibilities

  • Member Responsibilities: Cooperate with Advisor, make timely payments, and cover elective costs. Failure to fulfill responsibilities may result in termination of the Agreement.

  • Advisor Responsibilities: Handle Member’s business professionally, maintain confidentiality, and provide additional advising or refunds as specified.

 

14. Venue, Choice of Law, and Arbitration

  • Dispute Resolution Policy: Member agrees to be bound by Advisor’s Dispute Resolution Policy, which may be updated. Changes will be posted at least 30 days before taking effect.

  • Venue: Litigation regarding this Agreement will be in Sacramento County, California.

  • Choice of Law: Governed by California law.

  • Arbitration: Disputes will be mediated and, if unresolved, may proceed to binding arbitration. Arbitration will be individual and not class-based.

 

15. Non-Disclosure

Materials provided by Advisor are proprietary and may include trade secrets or copyrighted material. Distribution to any third party without Advisor's express written permission is prohibited.

 

16. Indemnification and Limitations of Liability

  • Indemnification: Member agrees to indemnify Advisor from actions by third parties, responsibility for third-party provider outcomes, and breaches in confidentiality.

 

17. Miscellaneous Provisions

  • Entire Agreement: This Agreement constitutes the complete understanding and supersedes prior agreements.

  • Headings: Article headings are for reference only.

  • Assignment: Gold Business Center can assign rights and duties without notice. Members cannot assign rights without written consent.

  • Binding Effect: The Agreement and its modifications are binding on all parties.

  • No Waiver of Remedies: Failure to exercise any right does not constitute a waiver.

  • Counterparts: The Agreement may be executed in multiple counterparts.

  • Construction: Ambiguities are not construed against any party.

  • Terminology: Pronouns and terms apply to all genders and numbers as context requires.

 

18. End User License Agreement

  • Acceptance: By using the Software Product, you agree to the terms of this Agreement.

  • License Grant: Install and use one copy and one archival copy. Multiple copies require separate licensing.

  • Restrictions: No assignment, redistribution, or alterations without written consent. No decompiling or reverse-engineering.

  • Limited Warranty: Warranted for 12 months from shipment or download, subject to normal use.

  • Disclaimer of Warranties and Limitation of Liability: Disclaims all other warranties. Not liable for data loss or damages beyond the purchase price refund.

  • Limitation of Remedies: Correction or replacement of the Software Product or a refund if unable to correct.

  • Governing Law: Governed by California law.

 

19. Severability

If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect. Any restrictions not allowed by law will apply to the maximum extent permitted.

 

20. Disclaimer

Last Updated: November 28, 2023

 

Website Disclaimer: Information provided by Gold Business Center, Divine Advance, LLC, and Gold Business Credit Services on our website and mobile application is for general informational purposes only. While we provide information in good faith, we do not guarantee its accuracy.

Arbitration Clause

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1. Agreement to Arbitrate

Any disputes, claims, or controversies arising out of or relating to this Agreement, including but not limited to those involving its interpretation, breach, enforcement, or termination, shall be resolved through binding arbitration in accordance with the provisions set forth in this Arbitration Clause.

 

2. Governing Rules

The arbitration shall be conducted in accordance with the California Arbitration Act (CAA) and the rules of the American Arbitration Association (AAA) or any other arbitration organization agreed upon by the parties. If the parties do not agree on an arbitration organization, the arbitration shall be administered by the AAA.

 

3. Location

The arbitration proceedings shall take place in Sacramento County, California unless otherwise agreed by the parties.

 

4. Selection of Arbitrator

The arbitration shall be conducted by a single arbitrator who is an experienced practitioner in the subject matter of the dispute. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within 30 days of the initiation of the arbitration, the arbitrator shall be appointed by the AAA.

 

5. Arbitration Process

  • Initiation: Either party may initiate arbitration by providing written notice to the other party. The notice shall include a brief description of the dispute and the relief sought.

  • Hearing: The arbitrator shall schedule a hearing to take place within 60 days of the appointment of the arbitrator unless otherwise agreed by the parties.

  • Decision: The arbitrator shall render a written decision within 30 days following the conclusion of the hearing. The decision shall be final and binding on all parties.

 

6. Confidentiality

All arbitration proceedings, including any hearings, documents, and the arbitrator’s decision, shall be kept confidential and shall not be disclosed to any third party without the consent of all parties, except as required by law.

 

7. Fees and Costs

The costs of arbitration, including the fees of the arbitrator, shall be borne equally by the parties. Each party shall be responsible for its own legal fees and expenses. However, the arbitrator may award attorneys' fees and costs to the prevailing party if authorized by law or by this Agreement.

 

8. Enforcement of Award

The arbitration award may be entered as a judgment in any court of competent jurisdiction, including the courts of the State of California.

 

9. Waiver of Class Actions

The parties agree that any arbitration under this Agreement shall be conducted on an individual basis and not as a class or representative action. The arbitrator shall have no authority to join or consolidate claims or to hear any class or representative action.

 

10. Survival

This Arbitration Clause shall survive the termination or expiration of this Agreement and shall remain in full force and effect.

Corporate Identity and Brand Protection Clause

 

1. Protection of Corporate Identity

Gold Business Center and Divine Advance LLC (collectively referred to as "the Companies") place a high value on the protection and integrity of their corporate identities, including trademarks, service marks, logos, trade names, and brand names (collectively referred to as "Corporate Identity"). Members, partners, and affiliates are required to respect and uphold the Companies' Corporate Identity in all dealings and communications.

 

2. Unauthorized Use

  • Prohibition: Unauthorized use, reproduction, modification, or distribution of the Companies’ Corporate Identity is strictly prohibited. This includes but is not limited to, the unauthorized use of trademarks, logos, brand names, and any other intellectual property associated with the Companies.

  • Notice of Infringement: If a member or third party becomes aware of any unauthorized use or infringement of the Companies’ Corporate Identity, they must promptly notify the Companies in writing.

 

3. Compliance and Cooperation

  • Member Obligations: Members and affiliates must ensure that their use of the Companies’ Corporate Identity complies with any guidelines or instructions provided by the Companies. This includes ensuring that all promotional materials, online content, and communications accurately reflect the Company’s brand and adhere to brand standards.

  • Cooperation: Members and affiliates agree to cooperate fully with the Companies in protecting their Corporate Identity. This includes providing information, ceasing unauthorized activities, and assisting in the enforcement of brand protection measures.

 

4. Enforcement

  • Injunctive Relief: The Companies reserve the right to seek injunctive relief to prevent or stop any unauthorized use or infringement of their Corporate Identity. This relief may be sought through legal or equitable means, including but not limited to, seeking a court order to cease unauthorized activities.

  • Damages: The Companies may also pursue claims for damages resulting from any unauthorized use or infringement of their Corporate Identity. Such damages may include but are not limited to, actual damages, consequential damages, and any profits derived from the unauthorized use.

 

5. Legal Remedies

  • Dispute Resolution: Any disputes arising from the protection or enforcement of the Companies’ Corporate Identity shall be resolved by the Arbitration Clause outlined in this Agreement.

  • Enforcement in Court: If injunctive relief or other legal remedies are sought, the Companies may initiate proceedings in a court of competent jurisdiction to enforce their rights and seek appropriate remedies.

 

6. Survivability

This Corporate Identity and Brand Protection Clause shall survive the termination or expiration of any agreements between the Companies and their members, partners, or affiliates. The obligations outlined herein shall continue to apply to any post-termination or post-expiration activities related to the Companies’ Corporate Identity.

 

7. Updates and Changes

The Companies reserve the right to update or amend this Corporate Identity and Brand Protection Clause as necessary to reflect changes in their brand protection strategies or legal requirements. Members and affiliates will be notified of any such updates or amendments, and continued use of the Companies’ Corporate Identity shall constitute acceptance of the updated terms.

No Legal or Financial Advice Disclaimer

 

1. Purpose

To clarify the information provided is not a substitute for professional advice.

Example: "The content provided on this website is for general informational purposes only and does not constitute legal, financial, or professional advice. Always seek the advice of qualified professionals with any questions you may have regarding your specific situation. Gold Business Center, Divine Advance LLC, and its affiliates are not liable for any actions taken based on the information provided."

 

2. Limitations of Liability Disclaimer

Purpose: To limit the liability of the Gold Business Center in relation to the use of its services and information.

 

Example: "Gold Business Center, Divine Advance LLC, and its affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or any services provided. This includes, but is not limited to, any loss of data, profits, or business opportunities. The maximum liability for any claim is limited to the amount paid for the services that gave rise to the claim."

 

3. Accuracy of Information Disclaimer

Purpose: To address potential issues related to the accuracy and completeness of the information provided.

Example: "While Gold Business Center makes every effort to ensure the accuracy of the information on this website, we make no representations or warranties regarding the completeness, reliability, or accuracy of any information. All information is provided 'as is' and may be subject to change without notice."

 

4. No Endorsement Disclaimer

Purpose: To clarify that links to other websites or services do not imply endorsement.

Example: "Links to third-party websites or services are provided for convenience only. Gold Business Center does not endorse, guarantee, or take responsibility for the content or services of any third-party sites. Accessing these links is at your own risk."

 

5. User Responsibility Disclaimer

Purpose: To emphasize that users are responsible for their own actions.

Example: "You are solely responsible for your interactions with other users and for the content you contribute to the website. Gold Business Center does not control or monitor user content and is not responsible for any disputes or issues arising from user interactions."

 

6. Disclaimer of Warranties

Purpose: To disclaim any warranties related to the website or services.

Example: "Gold Business Center, Divine Advance LLC, and its affiliates make no warranties of any kind, express or implied, regarding the operation, availability, or functionality of the website or any services provided. We disclaim all warranties to the fullest extent permitted by law."

 

7. Indemnification Disclaimer

Purpose: To require users to indemnify the Gold Business Center against certain claims.

Example: "You agree to indemnify, defend, and hold harmless Gold Business Center, Divine Advance LLC, and its affiliates from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with your use of the website or services."

 

8. Legal Jurisdiction and Venue

Purpose: To specify the legal jurisdiction and venue for disputes.

Example: "Any legal action or proceeding related to this website or the services provided shall be brought exclusively in the state or federal courts located in [County], California. You consent to the jurisdiction of such courts and waive any objections based on venue or forum non conveniens."

Additional

 

9. Affiliate Disclaimer

Gold Business Center may receive compensation for promoting or recommending third-party products or services. Such compensation does not influence our recommendations, and we only endorse products and services we believe to be beneficial to our users.

 

10. Consumer Protection Disclaimer

Nothing in these disclaimers affects your statutory rights under applicable consumer protection laws. If any part of these disclaimers is found to be unenforceable or invalid, such determination will not affect the remaining provisions.

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11. User-Generated Content Disclaimer

Gold Business Center does not endorse, guarantee, or take responsibility for any user-generated content posted on the website. All user-generated content is the responsibility of the individual user who posted it.

 

12. Service Availability Disclaimer

Gold Business Center makes no representations or warranties that the website or services will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue any part of the website or services at our discretion.

 

13. International Users Disclaimer

The website and services are intended for use only within the United States. If you access the website from outside the United States, you are responsible for complying with local laws and regulations.

 

14. Health and Safety Disclaimer

Any health, wellness, or safety-related content on the website is provided for informational purposes only and should not be considered medical or professional advice. Consult a qualified professional for advice tailored to your specific circumstances.

 

15. Social Media and Third-Party Platforms Disclaimer

Gold Business Center is not responsible for any content or interactions on social media platforms or third-party websites linked to our site. These platforms operate under their terms and conditions.

 

16. Changes to Terms Disclaimer

We reserve the right to modify these terms at any time. Any changes will be posted on our website, and your continued use of the website and services constitutes acceptance of the revised terms.

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17. Force Majeure Disclaimer

Gold Business Center is not liable for any failure to perform its obligations under these terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, or other unforeseen circumstances.

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18. Compliance with Laws Disclaimer

Users are responsible for ensuring that their use of the website and services complies with all applicable laws and regulations.

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19. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information. By using the website, you agree to the terms outlined in our Privacy Policy.

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