Terms & Conditions

Section I – Acceptable Use

  1. Account Security

If you register an account with Goldman Penn Entertainment, you are responsible for keeping your password and username confidential and for all activities that are carried out using them.

You agree to notify us immediately by email at info@goldmanpennentertainment.com if you become aware of or suspect any unauthorized use of your password or username.

  1. Accuracy of Information

You agree that all information and details provided by you to us are true, accurate, and up to date in all respects.

You can update or correct your personal details at any time by amending your account details within your registered account.

You will comply with the restrictions on your use of the Website as set out in these terms.

  1. Prohibited Uses

You agree that in using the Website you will not:

Use the Website for any unlawful purpose or in any way that interrupts, damages, impairs, or renders the Website less efficient or violates applicable laws or regulations.

Access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures.

  1. Prohibited Content

You agree that in using the Website, you will not upload, post, transmit, install, or otherwise make available any material or device that contains software viruses, malware, or malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment located on Goldman Penn Entertainment’s network or any third-party network.

  1. Automated Data Collection

You agree that in using the Website, you will not use, monitor, copy, or harvest information and data from the Website, or Goldman Penn Entertainment’s products and/or services, through the use of any automated means, including, but not limited to, deep-links, page scrapes, scripts, agents, robots, spiders, or other automatic device, program, algorithm, or similar methodology.

  1. Commercial Use Restrictions

You agree that in using the Website, you will not make commercial use of the Website or its contents in reservation to gain a competitive advantage, for marketing purposes (including third-party solicitations).

You agree not to collect and use any product listings, descriptions, photographs, or prices displayed on the Website in connection with competing with Goldman Penn Entertainment or for other commercial purposes.

You will not create, reproduce, and/or distribute any materials derived from the content provided on this site.

  1. Unauthorized Access and Disruption

You agree that in using the Website, you will not attempt to gain unauthorized access to Goldman Penn Entertainment’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

  1. Linking and Framing

You may not frame our Website nor may you create a link to any part of our Website other than the home page unless we give you written permission (which we may withdraw at any time).

 

Access Policy

Section II – Access

  1. Registration Requirements
  1. To access and use Goldman Penn Entertainment’s classes, courses, and coaching services, you must register for a Goldman Penn Entertainment account by providing your full legal name, current address, phone number, a valid email address, and any other required information.
  1. Age Requirements
  1. You agree that:
    • You are 18 years old or older, or
    • You are at least the age of majority in the jurisdiction where you reside and from which you use Goldman Penn Entertainment’s classes, courses, and coaching services, or
    • If you are under 18 years old, you have obtained approval from your parent or guardian who agrees to be bound by these terms on your behalf.
  1. Right to Suspend or Terminate Access
  1. Goldman Penn Entertainment reserves the right to suspend, restrict, or terminate access to the Website at any time without notice.
  1. Availability
  1. We endeavor to ensure that the Website is always available but do not guarantee that it will be available uninterrupted or error-free.
  2. We continually test new features, functionalities, products, services, and user interfaces that we are considering incorporating into or providing through the Website. We reserve the right to include or exclude you from these tests without notice.
  1. Compliance with Laws
  1. You are solely responsible for ensuring that your use of Goldman Penn Entertainment’s Website complies with all laws, rules, and regulations applicable to you.
  2. The right to access the Website is revoked where this Agreement or use of this Website is prohibited or where the offering, sale, or provision of services conflicts with any law, rule, or regulation.
  1. Accuracy of Content
  1. We are not responsible if the content made available on the Website is not accurate, complete, or current. The content is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the content is at your own risk.
  1. Historical Information
  1. The Website may contain historical information which is not necessarily current and is provided for your reference only. We reserve the right to modify the contents at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to our Website.
  1. Transmission Over Carrier Lines
  1. You acknowledge that access to the Website will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Carrier Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control.
  2. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Carrier Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Carrier Lines. Use of the Carrier Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
  1. Errors, Inaccuracies, and Omissions
  1. The content on the Website may contain occasional errors, inaccuracies, and/or omissions, including but not limited to typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, availability of classes, access to coaches, class times, coaching time, and coaching availability.
  2. We reserve the right to correct any errors, inaccuracies, and/or omissions, and to change or update information or cancel classes if any information in the content (including Goldman Penn Entertainment’s classes, courses, and coaching services), or on any related website, is inaccurate at any time without prior notice, including after you have placed your reservation.
  3. We undertake no obligation to update, amend, or clarify content on the Website or any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the content on the Website or any related website should be taken to indicate that all content on the Website or on any related website has been modified or updated.

Ownership Policy

Section III – Ownership

  1. Ownership of Content
  1. Goldman Penn Entertainment is the owner or the licensee of all content on the Website, including but not limited to, classes, courses, coaching materials, design, text, graphics, and software (the “Content”).
  2. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, or other laws.
  3. You have no rights in or to the Content.
  1. Restrictions on Use
  1. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, reverse engineer, communicate to the public, or distribute in any way the Content on the Website or the computer codes of elements comprising the Website, other than for your own personal use.
  2. Subject to the above, you may download insubstantial excerpts of this Content for the purpose of viewing it, provided that no more than one copy of any information is made.
  3. Any use other than that permitted may only be undertaken with our prior express permission in writing.
  1. Trademarks and Logos
  1. The trademarks, service marks, and logos of Goldman Penn Entertainment used and displayed on the Website are registered or unregistered trademarks of Goldman Penn Entertainment (the “Marks”).
  2. Nothing on the Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without our prior, written consent specific for each such use.
  3. The Marks may not be used to disparage Goldman Penn Entertainment or in any manner that may damage any goodwill in the Marks.
  4. All goodwill generated from the use of the Marks shall inure to the benefit of Goldman Penn Entertainment.

DMCA Takedown Policy

Section IV – DMCA Compliance

Goldman Penn Entertainment respects the intellectual property of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws.

  1. Notification of Claimed Infringement
  1. A notification of claimed copyright infringement must be emailed to: info@goldmanpennentertainment.com with the Subject Line: “Takedown Request”.

You may also contact us by mail at:

  1. Goldman Penn Entertainment
    [Your Address]
    ATTN: Legal Department
  2. To be effective, the Takedown Request must be in writing and contain the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property that you claim has been infringed.
    • A description of the copyrighted work or other intellectual property that you claim has been infringed.
    • A description of where the material that you claim is infringing is located on the Website.
    • Your address, telephone number, and email address.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
    • A statement made by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  1. Counter-Notification
  1. If you believe that your user content that was removed or to which access was disabled is not infringing, or that you have authorization from the intellectual property owner, the owner’s agent, or pursuant to the law, to upload and use the content in your user content, you may send a written counter-notice (the “Counter-Notice”) containing the following information to: info@goldmanpennentertainment.com with the Subject Line: “Counter-Notice”.

You may also contact us by mail at:

  1. Goldman Penn Entertainment
    [Your Address]
    ATTN: Legal Department
  2. The Counter-Notice must contain the following information:
    • Your physical or electronic signature.
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled as a result of mistake or misidentification of the content.
    • Your name, address, telephone number, and email address.
    • A statement that you consent to the jurisdiction of the United States District Court for the district in which your address is located, or if your address is outside of the United States, for any judicial district in which Goldman Penn Entertainment may be found.
    • A statement that you will accept service of process from the person who provided notification of the alleged infringement.
  1. Action Upon Receipt of Counter-Notice
  1. If a Counter-Notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days.
  2. Unless the intellectual property owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days

Payments Policy

Section V – Payments; Billing and Continuous Subscription Services

  1. Payment Information
  1. You agree to provide accurate and up-to-date payment information at the time you reserve any product or service from Goldman Penn Entertainment. When you make a purchase through the Website, you will provide your payment details and any additional information required to complete your reservation to us or any third-party payment processor retained by us.
  2. Online payment transactions are subject to validation checks, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, we use various fraud prevention protocols and industry-standard verification systems to reduce fraud, and you authorize us to verify and authenticate your payment information.
  3. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
  1. Sufficient Funds
  1. You agree to have sufficient funds or credit available upon placement of any such reservation to ensure that the purchase price will be collectible by us. After you place your reservation, we will send you a confirmation email (the “Reservation Confirmation”).
  2. We strive to provide accurate pricing information regarding the products and services available on the Website. However, we cannot insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any reservations placed for classes, courses, and/or coaching services whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email.
  3. The Website may contain information regarding the availability of classes, courses, and/or coaching services. In rare cases, classes, courses, and/or coaching services may be available when you place the reservation but sold out by the time we attempt to process the reservation. Should this happen, we will notify you by email and cancel your reservation.
  1. Taxes and Shipping Costs
  1. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping, or carriage of the products as such costs are specified by us when you submit your reservation.
  1. Recurring Payment Plans
  1. Some of the classes, courses, and/or coaching services that we offer may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to reserve any auto-replacing products or services.
  2. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT GOLDMAN PENN ENTERTAINMENT (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS BY THE 27TH OF THE MONTH FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT info@goldmanpennentertainment.com.
  3. Should the 27th of the month fall on a weekend, you will be charged on the Friday before the 27th. You will be responsible for all charges incurred with respect to any reservation processed prior to the cancellation of your subscription. All recurring payments are fully earned upon payment.
  1. Personal Use Only
  1. All reservations must be for your personal use only. By purchasing classes, courses, and/or coaching services, you hereby agree not to resell or distribute such classes, courses, and/or coaching services for any commercial purposes.
  2. All reservations are subject to our acceptance or rejection based on product availability, noncompliance with this Agreement, or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your reservation is not for personal use, we reserve the right to reject or cancel any reservation that you place.
  3. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your reservation. We will either not charge you or refund the charges for reservations that we cancel or do not process.

Section VI – Courses & Availability

  1. Finality of Purchases
  1. All sales are final at Goldman Penn Entertainment, and we do not provide money-back guarantees. You acknowledge and accept that no refunds will be issued for any purchases under any circumstances. THE COMPANY PROVIDES NO WARRANTIES REGARDING THE CLASSES, COURSES, AND/OR COACHING SERVICES, OR THE PERFORMANCE OR OPERATION OF THIS WEBSITE.
  1. Right to Refuse Reservations
  1. We reserve the right to refuse any reservations placed with us.
  1. Changes to Descriptions and Pricing
  1. Descriptions of classes, courses, and/or coaching services, as well as their pricing, may change at any time without prior notice, at our sole discretion.
  1. Limiting or Cancelling Reservations
  1. We may, at our discretion, limit or cancel classes, courses, and/or coaching services. If we need to change or cancel your reservation, we may attempt to notify you using the email and/or billing address or phone number provided at the time the reservation was made.
  1. Suspension and Termination of Access
  1. We reserve the right to suspend, restrict, or terminate access to Goldman Penn Entertainment’s classes, courses, and/or coaching services at any time without prior notice. We may, at our sole discretion, refuse to offer classes, courses, and/or coaching services to any individual at any time or alter our eligibility criteria at any time.
  1. Accuracy of Class Descriptions
  1. We strive to provide accurate descriptions of classes, courses, and/or coaching services on our Website. However, we do not guarantee that these descriptions are always accurate, complete, reliable, current, or error-free. If a class, course, or coaching service is not as described, your sole remedy is to request classes and/or coaching services of equivalent value in writing. We may, at our discretion, accept or deny such requests.
  1. Geographic and Jurisdictional Limitations
  1. We reserve the right to suspend, restrict, or limit the sales of our services to any individual, geographic area, or jurisdiction. This right may be exercised on a case-by-case basis.
  1. Discontinuation of Services
  1. We reserve the right to discontinue any service at any time at our sole discretion.
  1. Liability for Modifications
  1. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of any Goldman Penn Entertainment services.
  1. Legal Compliance
  1. You agree not to use our services for any illegal or unauthorized purpose, nor may you, in using the products or services, violate any laws in your jurisdiction, including but not limited to intellectual property laws.
  1. Void Where Prohibited
  1. Any offer for any service on the Website is void where prohibited by law.

Shipping and Delivery Policy

Section VII – Shipping and Delivery

  1. Order Fulfillment
  1. We will endeavor to fulfill your order by the delivery date indicated in your Order Confirmation. If no specific delivery date is provided, we aim to deliver within 30 days from the date of the Order Confirmation, barring any exceptional circumstances or pre-order conditions.
  1. Delivery Address
  1. Your order will be shipped to the address you provide at the time of purchase. If delivery to your specified address is not feasible, for example, if it is in a remote area, we will inform you prior to accepting your order. We reserve the right to refuse delivery to any country restricted by applicable export laws. Please note that items within a single order cannot be delivered to multiple addresses.
  1. Damaged or Faulty Products
  1. Should any item in your order arrive damaged or faulty, or develop a fault, you may be entitled to certain legal remedies depending on the timing of your notification to us, in line with your legal rights. If you believe an item has been delivered in a damaged or faulty condition or has developed a fault, please notify us as soon as possible, ideally in writing, at info@goldmanpennentertainment.com, providing your name, address, and order reference. This policy does not affect your statutory rights.
  1. Legal Rights
  1. Nothing in this section is intended to affect your statutory rights regarding defective or incorrectly delivered items.

Force Majeure Policy VIII

Goldman Penn Entertainment (the “Company”) shall not be held liable for any failure or delay in the performance of its obligations under any agreement, including but not limited to the provision of classes, courses, and/or coaching services, where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemic, government regulations, strikes, lockouts, labor disputes, power failures, or any other cause that could not have been reasonably foreseen or prevented (each a “Force Majeure Event”).

Key Points:

  1. Definition of Force Majeure Event

A Force Majeure Event includes, but is not limited to:

  • Acts of God (e.g., earthquakes, floods, hurricanes, or other natural disasters)
  • War, invasion, acts of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation
  • Terrorist activities
  • Government sanctions, embargo, or requisition
  • Pandemic or epidemic
  • Strikes, lockouts, or other industrial disputes
  • Utility failures (e.g., power, water, or telecommunications services)
  • Any other event or circumstance beyond the reasonable control of the Company
  1. Notice of Force Majeure Event
  • The Company shall promptly notify customers in writing (including via email) upon becoming aware of a Force Majeure Event that may affect its ability to perform its obligations.
  • The notification will include the nature of the Force Majeure Event, the anticipated duration (if known), and any actions being taken to mitigate its impact.
  1. Suspension of Obligations
  • Upon the occurrence of a Force Majeure Event, the Company’s obligations under any affected agreements shall be suspended for the duration of the Force Majeure Event.
  • The Company shall make reasonable efforts to resume its obligations as soon as practicable after the cessation of the Force Majeure Event.
  1. Limitation of Liability
  • The Company shall not be liable for any loss, damage, or expense arising from the failure or delay in performing its obligations due to a Force Majeure Event.
  • Customers acknowledge and agree that they shall have no right to terminate any agreement or claim for damages arising from such delays or failures.
  1. Mitigation of Impact
  • The Company agrees to use reasonable efforts to mitigate the impact of the Force Majeure Event on its performance.
  • This may include rescheduling classes, courses, or coaching services, or providing alternative arrangements where feasible.
  1. Duration and Termination
  • If the Force Majeure Event continues for a period exceeding 60 days, either party may terminate the affected agreement(s) without penalty, upon written notice to the other party.
  • Any pre-paid fees for services not rendered due to the Force Majeure Event will be refunded on a pro-rata basis.

This Force Majeure Policy is designed to clarify the responsibilities and expectations of both Goldman Penn Entertainment and its customers in the event of unforeseen circumstances that prevent normal operations. If you have any questions regarding this policy, please contact us at info@goldmanpennentertainment.com.

 

User Content Policy

Section IX – User Content

  1. Ownership and Rights

By uploading or providing any photos, submissions, or other materials to our website (collectively, “User Content”), you affirm that you possess all necessary rights, titles, and interests, including copyrights and publicity rights. You ensure that your User Content is accurate, complete, current, and compliant with all applicable laws. You agree not to upload, post, or distribute any User Content that infringes on the intellectual property or other rights of any person or entity or violates any law.

  1. Use of User Content

Content shared via social media platforms, using our brand names, hashtags, or tagging Goldman Penn Entertainment, may be utilized by us. You grant us permission to use your name or social media handle in association with your User Content for promotional purposes, even after you have terminated your account or ceased using our services. You guarantee that the use of your User Content, including any name, likeness, or photograph, does not infringe on third-party rights.

  1. Submissions and Ideas

Any submissions of creative ideas, suggestions, proposals, or other materials (whether requested by us or not) can be used by us without restrictions. This includes the right to edit, copy, distribute, translate, and use in any medium any submissions provided by you.

  1. No Obligation

We have no obligation to maintain any User Content in confidence, pay any compensation for User Content, or respond to any User Content.

  1. Monitoring and Removal

We reserve the right to monitor, edit, or remove User Content that we deem false, misleading, unlawful, threatening, abusive, defamatory, vulgar, obscene, or otherwise inappropriate at our sole discretion.

  1. License Grant

By uploading User Content, you grant Goldman Penn Entertainment a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use, reproduce, adapt, publish, create derivative works from, distribute, display, perform, and store your User Content. This includes using any name, username, likeness, or photograph provided in connection with your User Content, for any purpose related to our operations or promotional activities, even after account termination. You confirm that you have the necessary rights to grant this license.

  1. Waiver of Rights

Where not prohibited by law, you waive any intellectual property or “moral” rights related to the modification or use of your User Content. You appoint Goldman Penn Entertainment as your attorney-in-fact to execute necessary documents to use your User Content as described and to protect any derived works.

  1. Feedback and Ideas

Any feedback or ideas about our products or services that you provide are non-confidential and can be used by us without acknowledgment or compensation.

  1. Legal Compliance and Disclosure

We may preserve and disclose User Content if required by law or if we believe such actions are necessary to comply with legal processes, enforce our agreements, respond to claims, or protect the rights and safety of our company, users, and the public. Transmission of the website, including User Content, may involve various networks and technical modifications to meet network or device requirements.

Third-Party Sites Policy

Section X – Third-Party Sites

  1. External Links

Goldman Penn Entertainment’s website may include links to external websites, services, or resources such as Facebook, Instagram, and Twitter. These links are provided solely for your convenience and do not imply endorsement of the content on those external sites. The content on these external sites is created and maintained by third parties. If you have concerns regarding any linked site or its content, you should contact the site administrator of the external site. We are not liable for the content of any external sites and do not guarantee the accuracy or completeness of the information they provide. Use caution when downloading files from all websites to protect your computer from viruses and other harmful programs. Accessing any external site is at your own risk. We are not responsible or liable for any damage or loss arising from or related to the use of or reliance on any content, goods, or services available on external sites. Direct any complaints, claims, or questions about external sites to their respective administrators.

  1. Integration with Social Media

You may log in to our website via third-party services like social media platforms (e.g., Facebook, Instagram, Twitter). This integration allows for a more personalized experience. To use these features, you may need to authenticate, register, or log into these services through their respective providers. These services may provide us with access to certain information you have shared with them, which we will use, store, and disclose according to our Privacy Policy.

  1. Privacy Practices of Third Parties

The use, storage, and disclosure of your information by social networking services are governed by their own policies. Goldman Penn Entertainment is not responsible for the privacy practices or actions of any third-party site or service featured or linked through our website. We also do not guarantee the accuracy, availability, or reliability of any content or information provided by these services. We are not liable for any damage or loss caused by the use of or reliance on any content, goods, or services from social networking services. These features are provided for your convenience, and their inclusion does not constitute an endorsement. Concerns regarding social networking sites and their services should be directed to the site administrators.

  1. Affiliate Marketing

Goldman Penn Entertainment may participate in affiliate marketing programs. This means we might earn a commission if you click on or make purchases through certain links on our website.

If you have any questions or concerns about our Third-Party Sites Policy, please contact us at info@goldmanpennentertainment.com.

Optional Tools Policy

Section XI – Optional Tools

  1. Access to Third-Party Tools

We may grant you access to third-party tools that we do not monitor, control, or influence.

  1. “As Is” and “As Available” Basis

You acknowledge that these tools are provided on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind. We disclaim any liability arising from or related to your use of these optional third-party tools.

  1. User Discretion and Risk

Your use of any optional tools offered through our website is at your own risk and discretion. It is your responsibility to familiarize yourself with and approve the terms on which these tools are provided by the relevant third-party providers.

  1. Future Services and Features

We may introduce new services and/or features through the website in the future, which could include new tools and resources. These new services and/or features will also be subject to these Terms & Conditions.

For any questions or concerns regarding our Optional Tools Policy, please contact us at info@goldmanpennentertainment.com.

Section XII – Termination

  1. Goldman Penn Entertainment retains the exclusive authority, at its discretion, to limit, suspend, or cease this Agreement and your access to any or all aspects of the Website or the Content at any given moment and for any cause (including if there is a suspicion of fraudulent or abusive behavior on your part, or if you are found to be in violation of the terms or principles outlined in this Agreement) without prior notification or legal responsibility. This includes the prerogative to decline any reservation you make for the acquisition of products or services, potentially resulting in the forfeiture and deletion of all associated Account data. Goldman Penn Entertainment also reserves the right to modify, suspend, or terminate any or all aspects of the products or services, or the Content, at any time without prior notification or legal obligation. All clauses within this Agreement that, by their nature, ought to endure beyond termination shall do so, including but not limited to, licenses of User Content, ownership stipulations, warranty disclaimers, indemnification, limitations of liability, waivers of class action, and arbitration.


Section XIII – Indemnification

  1. Goldman Penn Entertainment agrees to indemnify, defend, and hold harmless its directors, officers, employees, agents, successors, and assigns, from and against any and all Claims, Proceedings, and/or Damages arising directly or indirectly from: (i) your utilization of the Website; (ii) your procurement and/or utilization of our services; (iii) any acts of negligence, misconduct, or breach of this Agreement by you; (iv) the actions of any individual gaining access to the Website or Goldman Penn Entertainment’s services under a user ID or other unique identifier assigned to you; and/or (v) your negligent or intentional misconduct. In this Agreement, “Claims” refers to assertions, counterclaims, grievances, demands, causes of action, liabilities, obligations, losses, legal fees, expenses, and disbursements, including but not limited to reasonable attorneys’ fees and court costs, of any nature or type, regardless of origin, whether known or unknown, whether legal or equitable or pursuant to contract, tort, non-contractual, or statute, and whether before any court of law or equity or before any arbitrator or alternative body, board, or tribunal; and “Proceedings” denotes third-party litigations, actions, proceedings, and hearings of any nature and variety in any court of law or equity or before any arbitrator or alternative body, board, or tribunal. “Damages” encompasses any direct, indirect, incidental, special, consequential, or exemplary damages, attorneys’ fees, and/or court costs.

Section XIV – Disclaimer of Liability

  1. Goldman Penn Entertainment does not warrant, guarantee, or represent that your utilization of the Website will be continuous, punctual, secure, or devoid of errors.
  2. We do not assure that the outcomes derived from using the Website will be precise or dependable.
  3. You acknowledge that periodically we may suspend the Website or certain portions of its Content for undefined durations, or terminate the products or services provided on the Website, at any time, without prior notification to you.
  4. You explicitly consent that your use of, or inability to use, the Website or certain Content thereof, or the products or services provided on the Website, is solely at your own risk. The Website and all products and services conveyed to you via the Website are (except as explicitly declared by us) presented ‘as is’ and ‘as available’ for your utilization, without any assurances, warranties, or conditions of any sort, whether express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, resilience, title, and non-infringement.
  5. In no event shall Goldman Penn Entertainment, its directors, officers, employees, associates, agents, contractors, interns, suppliers, service providers, affiliated entities, or licensors be held accountable for any harm, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement expenses, or any similar damages, whether grounded in contract, tort (including negligence), strict liability, or otherwise, arising from your utilization of any service or any products procured through the Website, or for any other claim connected in any manner to your utilization of the service, including, but not limited to, any inaccuracies or omissions in any content, or any loss or damage of any kind incurred as a result of the utilization of the service or any content posted, transmitted, or otherwise made available via the Website, even if advised of the potential for such damages. Because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be capped to the maximum extent sanctioned by law.

Section XV – Severability and Complete Understanding

  1. In the event that any provision of this Agreement is deemed to contravene the law or is otherwise deemed invalid or unenforceable by a court of competent jurisdiction, said provision shall be restricted to the minimum extent necessary to fulfill the court’s reservation and interpreted in a manner that best reflects the intentions of the involved parties. All remaining provisions shall retain their full force and effect. Goldman Penn Entertainment’s failure to insist upon or enforce strict adherence to this Agreement shall not be construed as a waiver of any provision or right, nor shall any pattern of behavior between Goldman Penn Entertainment and you or any other party be deemed to alter any provision of this Agreement. Both parties acknowledge that this Agreement constitutes the comprehensive and exclusive expression of their mutual understanding and supersedes and revokes all prior written, verbal, or other agreements, communications, and understandings pertaining to the subject matter herein. Additionally, both parties agree that any waivers and modifications must be in written form and duly signed by both parties.

Section XVI – Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement, including its interpretation, validity, performance, or breach, shall be exclusively resolved by the state and federal courts located in Nevada. You hereby consent to the jurisdiction of such courts and waive any objection to venue therein.


Section XVII – Entire Agreement

Unless expressly stipulated otherwise by Goldman Penn Entertainment and you, this Agreement constitutes the sole and complete agreement between Goldman Penn Entertainment and you regarding the subject matter herein, and overrides all prior or contemporaneous agreements, whether documented or verbal, between Goldman Penn Entertainment and you concerning said subject matter. The headings used in this Agreement are for convenience purposes only and shall not carry any legal significance. This Agreement is individualized to you and cannot be assigned, transferred, or sublicensed by you without Goldman Penn Entertainment’s prior written consent. This Agreement shall benefit Goldman Penn Entertainment’s successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is established by this Agreement, and neither party possesses any authority to bind the other in any capacity

Section XVIII – Contact Information Policy

Unless explicitly stated otherwise within this Agreement, all correspondence pertaining to this Agreement shall be documented in writing and shall be considered officially communicated upon receipt. Such communication may be delivered in person, sent via certified or registered mail with return receipt requested, electronically confirmed upon transmission via facsimile or email, or delivered for next-day receipt by a recognized overnight delivery service. Any notices intended for Goldman Penn Entertainment should be directed to the address specified on our official website. Electronic notices should be sent to the email address provided on our website. It is your responsibility to ensure that your contact information remains accurate and current to facilitate effective communication between you and Goldman Penn Entertainment.


Section XIX – Privacy Policy

Section I. Data Controller Information.

Goldman Penn Entertainment, LLC, as the operator of the Website, assumes responsibility for the processing of personal data that occurs through your use of our Website.

Goldman Penn Entertainment, LLC

Address: 123 Sunset Avenue, Las Vegas, NV 89101

Tel.: (555) 123-4567

Email: privacy@goldmanpennentertainment.com

Website: https://goldmanpennentertainment.com/

Chief Executive Officer: [Name]

Section II. Data Protection Officer Contact Information.

For inquiries or the exercise of your data subject rights, please contact our data protection officer at privacy@goldmanpennentertainment.com or by mail at the address: Barton LLP, 711 Third Avenue, 14th Floor, New York, NY 10017, ATTN: [Name], Esq.

Section III. Data Subject Rights: European Union/EEA.

If you are a data subject within the meaning of the General Data Protection Regulation (GDPR), you have the following rights regarding the processing of your personal data on our Website:

  1. Right to Information: You may request information about your personal data processed by us, including its origin, recipients, and purposes of processing.
  2. Right to Rectification: You can request the correction of inaccurate or incomplete personal data.
  3. Right to Erasure and Restriction: You may request the deletion of your personal data, subject to legal obligations that require further processing.
  4. Right to Data Portability: You have the right to receive your personal data in a structured, machine-readable format.
  5. Rights related to Automated Decision Making: You have the right to object to automated decision-making processes.
  6. Right to Lodge a Complaint: You may file a complaint with a supervisory authority if you believe your data processing rights have been violated.

For residents of the United Kingdom, the Data Protection Act 2018 applies to data protection and privacy matters.

Section IV. California Residents.

Goldman Penn Entertainment does not sell Personal Information as defined by the California Consumer Privacy Act (CCPA). However, if you are a California resident and would like to exercise your CCPA rights or have any questions, please contact us at privacy@goldmanpennentertainment.com.

The CCPA grants California residents the following rights, subject to certain exceptions:

  • Right to Access Personal Information
  • Right to Data Portability
  • Right to Deletion of Personal Information
  • Right to Opt-out of Sale of Personal Information

For verification purposes, we will notify you of the required information via email.

Section V. Children’s Online Privacy Protection Act (COPPA).

Goldman Penn Entertainment adheres to the Children’s Online Privacy Protection Act (COPPA), requiring parental consent for the collection of personal information from children under 13. If you believe we have collected information about a child under 13, please contact us at privacy@goldmanpennentertainment.com for resolution.