GCH, Inc

GCH, INC.

TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of GCH’s website at www.williesreserve.com and any other website for which GCH, its affiliates, subsidiaries and other related companies (“GCH”, “Willie’s Reserve”, “we”. “us” or “our”) own the domain registration (the “Site”), products, content, online or mobile applications, software, or other services (collectively the “Services”). Please review these Terms carefully.  These Terms – which incorporate our Privacy Policy – constitute a binding legal agreement between you and us. These Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

We also encourage you to interact with us on third party sites where we post content or invite your feedback, such as:

•          https://twitter.com/williesreserve

•          www.instagram.com/williesreserveofficial

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

MODIFICATION
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated” at the top of these Terms. You are advised to consult these Terms regularly for changes.  By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

ELIGIBILITY
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

PROFESSIONAL ADVICE DISCLAIMER
ALL CONTENT FOUND ON THE SITE WAS CREATED FOR INFORMATIONAL PURPOSES ONLY. ANY STATEMENTS ABOUT, OR DESCRIPTIONS OF, PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND THE RESULTS INDICATED MAY NOT BE THE SAME FOR ALL INDIVIDUALS. ALL PRODUCTS SHOULD BY USED STRICTLY IN ACCORDANCE WITH THE PRODUCT DIRECTIONS AND PRECAUTIONS. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OR SOMETHING YOU HAVE READ ON THIS SITE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND GCH MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

ACCOUNT REGISTRATION
In order to access certain features of the Site and Services and to post any Content on the Site or through the Services, you may be required to register to create an account (“Account”). During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

FEES AND PAYMENT
Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees as described on the Site in connection with such Services selected by you. GCH reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable.

PRIVACY
See GCH’s Privacy Policy at www.gchusa.com/privacypolicy for information and notices concerning GCH’s collection and use of your personal information.

OWNERSHIP
The Site, Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, GCH and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of GCH used herein are trademarks or registered trademarks of GCH. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

COPYRIGHT POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by GCH infringe your copyright, you, or your agent may send to GCH a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon GCH actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to GCH a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

GCHs Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:

GCH, Inc.
3457 Ringsby Court
Unit 108
Denver, Colorado 80216

Attn: Privacy Officer
Email: privacy@gchusa.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

LICENSE GRANTED BY GCH
"Content" on the Services means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Services. Subject to your compliance with the Terms, GCH grants you a limited, non-exclusive, non-transferable license to access and use the Services and to access, use, view download and print any Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this Section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GCH or its licensors, except for the licenses and rights expressly granted in these Terms.

FEEDBACK
We welcome and encourage you to provide feedback, comments, ideas, proposals or suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@gchusa.com or through the “Support” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of GCH and you hereby irrevocably assign to GCH all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At GCH’s request and expense, you will execute documents and take such further acts as GCH may reasonably request to assist GCH to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

For any Feedback that you submit to GCH, in addition to any other representations or warranties in these Terms, you represent and warrant that you have the right to disclose such ideas or proposal to GCH and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend GCH from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.

GENERAL PROHIBITIONS
You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Site, or any individual element within the Site, GCH’s name, any GCH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GCH’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, GCH’s computer systems, or the technical delivery systems of GCH’s providers;
  • Attempt to probe, scan, or test the vulnerability of any GCH system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GCH or any of GCH’s providers or any other third party (including another user) to protect the Site, Services or Content;
  • Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GCH or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a GCH trademark, logo URL or product name without GCH’s express written consent;
  • Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

GCH has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GCH may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that GCH has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GCH reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that GCH, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

VIRUSES AND DESTRUCTIVE CODE
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

LINKS TO THIRD-PARTY SITES
The Site may contain links to third-party websites or resources. You acknowledge and agree that GCH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GCH of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LINKING TO THIS SITE
GCH permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:

  1. May link to, but not replicate, content contained in this Site;
  2. Must not create a frames or border environment or browser around content contained in this Site;
  3. Must not present misleading or false information about GCH's Services or products;
  4. Must not misrepresent GCH's relationship with the linker;
  5. Must not imply that GCH is endorsing or sponsoring the linker or the linker's services or products;
  6. Must not use GCH's logos or trade dress without prior written permission;
  7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
  8. Must not contain materials that would violate any laws;
  9. Must agree that the link may be removed at any time upon GCH's request pursuant to GCH's reserved rights to rescind its consent to allow the link.

USE OUTSIDE OF COLORADO
GCH controls and operates this Site from its offices located in the states of Colorado and Washington in the United States. We make no representation that this Site, Services or Content are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of United States export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.

JURISDICTIONAL ISSUES
GCH makes no representation or warranty that the Content on the Site and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. GCH reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Services or products that we provide.

TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, GCH will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. GCH reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to support@gchusa.com.

REFUND & RETURN POLICY

There is no refund available on Services rendered. 

If, for any reason, you are unsatisfied with Services or are unable to utilize pre-paid Services, please contact us directly to discuss your options at support@gchusa.com.

There is no refund given on purchases of Products.  If any Products are defective, a replacement will be issued upon return of the defective item. 

RETURN CHECK POLICY

GCH may occasionally accept a check from a Customer as payment for Services.  There is a $25.00 fee for a returned check. After 2 returned checks for non-payment, cash or credit/debit cards will be required for all future transactions.  GCH may turn returned checks over to a Collection Agency after 90 days of non-payment.

GIFT CERTIFICATES POLICY
There is no expiration date on gift certificates.  All of our gift certificates state a dollar amount which can be applied to any eligible Product or Services we offer (unless exclusions are stated on the certificate).  Customers that choose to either purchase a gift certificate for themselves or others fall under this Policy.  While there is no time limit to use the gift certificates, GCH’s Services fees and pricing may change at any time.

Gift Certificates are not refundable, replaceable or redeemable for cash.

DISCLAIMERS
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GCH MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GCH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GCH OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

INDEMNITY
You agree to indemnify, defend, and hold GCH and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any Content that you submit to GCH or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.

LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER GCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL GCH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100 USD). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GCH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the States of Colorado without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state courts located in the State of Colorado and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT
These Terms – together with the Privacy Policy – constitute the entire and exclusive understanding and agreement between GCH and you regarding the Site, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GCH and you regarding the Site, Services and Content.

ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without GCH’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GCH may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by GCH via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

GENERAL
The failure of GCH to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GCH. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

CONTACTING GCH
If you have any questions about these Terms or other information, please contact please contact us at support@gchusa.com or at:

GCH, Inc.
3457 Ringsby Court
Unit 108
Denver, Colorado 80216