The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the Golding Touch Education Consulting LLC’s eLearning courses (“eLearning”), including any use or viewing of any Content (defined below), services and products available at or through GTEC (collectively, “Services”), by site visitors and participants (collectively, “Users”). The courses are owned and operated by Golding Touch Education Consulting LLC (GTEC), with a business website: www.goldingtouch.com. The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules and policies and procedures.

A User should read the T&Cs carefully before browsing or accessing GTEC or any Content or using any Services. By browsing, accessing or using any part of GTEC, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access GTEC, use any Services or register to create a User Account and should not download any available content associated.

These T&Cs include the following sections:

ELearning site general description

Categories of Users

User Registration with GTEC

Specific provisions for Content hosted on GTEC

Legal nature of GTEC - Disclaimers – Limitation of Liability

Notice & take down process – Report to competent authorities

Intellectual Property

Termination

Confidentiality

Indemnification

Applicable Law and Jurisdiction

Miscellaneous

1. eLearning site General Description

1.2 Content hosted on GTEC: The Content hosted on GTEC can be distinguished as follows (all such content, including Company created content and Affiliate Content is referred to collectively herein as “Content”):

1.2.5 Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of any such third party website. If a User decides to access any third party website, it is done at the User’s own risk.

2. Categories of Users

General Notes: GTEC’s Content is mainly targeted to professionals. Some parts of GTEC require a User to register and create a User Account in order to preliminarily verify the user’s professional status. Please note, however, that GTEC is not able (and is under no legal or statutory obligation) to confirm or warrant the professional status of any User nor of the correctness, accuracy and the truth of any User’s data. The registration process is used only as a basic verification mechanism to potentially discourage non-professional Users as well as to avoid registrations by malicious systems and bots to the extent possible. Overall, the purpose of such registration is to enhance, the reliability of GTEC as a professional knowledge sharing community and to promote the goals of GTEC.

2.1 Users: All Users visiting GTEC, can browse GTEC and have access to informative Content. All Users can access Articles, comments, reviews, Events, Press Releases and free content.

3. User Registration with GTEC

3.1 To register with GTEC and create a User Account, a User may either:

3.2 “User Account”: is only used by GTEC for internal purposes (relationship between the User and eLearning site)—User Account data is not visible to other Users and is not transferred to any third party.

3.3 Users understand and acknowledge that they should provide GTEC only with data and information that is true, accurate and updated, as well as lawfully acquired and to keep this data and information accurate, true and updated at all times (and make any changes/updates necessary by using the appropriate settings in their User Account and/or User Profile). GTEC does not necessarily audit nor verify any of the data provided. However, GTEC reserves the right (but is under no obligation) to ask for more information from the User and/or to seek clarifications regarding specific information and/or to refuse registration and/or to suspend or delete any User Account and Profile if any violation of the above comes to the Company’s attention. In any event, Users agree to hold harmless and bear full responsibility for all damages accrued to the Company in case of violation of the above obligations. Processing of User’s personal data is subject to the terms of our Privacy Policy

3.4 GTEC reserves the right to refuse to open a User Account and/or delete or suspend the User Account and the related User Profile if it comes to the attention of GTEC if User is not a professional and/or the User Account/Profile has fake or false or non-accurate data, at any time. Also, GTEC reserves the right to terminate the User Account.

3.5 Account name and Password:

3.5.1 Registration on-site: If a User signs up on site in GTEC, his/her registered email shall automatically become the account name; the User can change it any time with another account name. This practically means that, to change his/her account name to GTEC, the User will also have to change the e-mail address or use another e-mail address. Τo complete the creation of the personal User Account, ELearning site shall automatically generate a default password and send it to the email address of the User. The User shall then enter the User’s User Account by activating the default password. A User must then select a secret password. Users are advised to regularly change the password for security reasons; Users should also avoid using the same and/or easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In the event the User forgets the password, he/she may select the relevant “Forgot my Password” field and instructions will be sent to the User’s email in order to change the password. The account name and password shall identify uniquely each User in GTEC.

3.5.2 Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such Use’s password. GTEC also highly recommends that a User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.

3.6 Any act and/or omission through the User Account (including, but not limited to, the posting of Content, reviews, comments etc., the provision of information in the User Account, the submission of a takedown notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by GTEC as the act and/or omission of the User, conducted with the Registered User’s prior approval and shall be binding on that User. Each User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to GTEC from the use of that User Account up to the moment the User explicitly notifies us, at [email protected], of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. GTEC will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User.

3.7 Deletion of a User Account:

3.7.1 If a User wishes to delete the User’s applicable User Account, such User may e-mail GTEC at [email protected] with a request to delete the User Account. As soon as the User Account is deleted the associated User Profile will also be automatically deleted. Following such a request, GTEC will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to GTEC as a Registered User, within fifteen (15) days from the submission of the User’s deletion request.

3.7.2 A User acknowledges that by submitting a request to delete the applicable User Account, GTEC will permanently delete the User’s data and Content hosted in GTEC as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. GTEC shall not be liable for any damages caused from this deletion of the data and Content.

3.7.3 If a User has purchased Additional Services, the deletion of the User Account might not allow the execution or the continuance of some Additional Services, if in order to receive those Services it is necessary to have an active User Account.

3.7.4 GTEC reserves without limitation the right to suspend and/or delete any User Account and User Profile according to the provisions of the Terms and Conditions, as well as the applicable overall Purchase T&Cs.

4. Specific Provisions For Content Hosted On GTEC

4.1 Articles:

4.2 Ability to submit Comments:

4.2.1 All Users may read and post (as User Generated Content) comments on eLearning courses where available

4.2.3 GTEC does not (and is under no legal obligation) to review the comments Users upload in GTEC via the discussion links. However, comments must also follow the rules set out in these terms and GTEC reserves the right to delete a comment if it determines in its discretion that there is a violation, in case it receives a takedown notice, or for any reason it determines.

4.2.4 In any case GTEC reserves the right to remove a comment where it violates GTEC’s rules for User Generated Content, or as otherwise determined by GTEC.

4.2.5 GTEC shall in no manner be liable for any damage caused as a result of such comments, as well as in case it takes down any content uploaded in violation of the Terms & Conditions. GTEC does not endorse nor in any way represent any opinion expressed by the Users through the comments. GTEC holds no responsibility for any loss or damage that may be caused to any third party and/or User due to the views of the Users posting the comments.

5. Legal Nature of GTEC - Disclaimers – Limitation of Liability

5.1 Legal nature of GTEC:

5.1.1 In addition to hosting its own Content, GTEC principally acts as an intermediary service provider that: (a) Hosts and stores information and data at the direction of its Users and (b) Provides links or other tools for locating content online

5.1.2 GTEC is also a provider of Additional Services including: (a) Professional Development services and (b) Tools and Resources

5.2 GTEC and the User Generated Content uploaded in it may contain hyperlinks (links) to third-party websites. GTEC does not control nor review the content of such links and bears no responsibility for the Content and the services of those third party websites, nor does it warrant the continuous and safe accessibility to them.

5.3 GTEC Services are provided “as is” and “as available” using a commercially reasonable level of skill and care. Except as expressly stated in these Terms & Conditions, GTEC does not provide and expressly disclaims warranties, conditions or undertakings of any kind in relation to the Services, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by Users from GTEC or through the Services will create any warranty not expressly stated or incorporated herein. Without limiting the foregoing, GTEC, its subsidiaries, its licensors and affiliates, do not warrant that any Content is accurate, true, reliable, correct or complete.

EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER’S USE OF GTEC ELEARNING, ITS CONTENT AND ANY SERVICES THROUGH GTEC IS AT THE USER’S OWN RISK AND GTEC IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF GTEC. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT GTEC, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH GTEC WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT GTEC OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT GTEC OR ANY SERVICES OR ITEMS OBTAINED THROUGH GTEC WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

6.1 GTEC agrees to undertake reasonable efforts and technical measures so that the Services and access to GTEC can take place smoothly and without interruption and that an adequate level of security is maintained. However, GTEC does not guarantee that the Services and GTEC will be available without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of GTEC is interrupted or access to GTEC or the User Profiles becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the Content and operation of GTEC making the use of it difficult or causing problems to its proper function. Moreover, we are not liable if GTEC is not accessible for reasons beyond our control as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts. In case of any loss or damage of the Content our sole liability and responsibility will be to repost the Content to the extent technically feasible.

6.2 We reserve the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, GTEC’s functionalities as well as GTEC’s versions or the provided Content and features, (b) to renew or upgrade or discontinue / stop, partially or in total, all of the Content of GTEC and/or any User Account, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of GTEC and/or any User Account as well as their technical specifications, (d) to limit the access of the entire ELearning site to any registered or unregistered User. Moreover, GTEC reserves the right at any time, to cancel, suspend or pause or shut down its operation.

6.3 Furthermore, GTEC reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of GTEC from any User and/or any ELearning site visitor and/or any third party, or in case we receive takedown notices regarding a User’s repeatedly infringing behavior.

6.4 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, GTEC OR ANY CONTENT ON GTEC INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not GTEC is advised of the possibility of such damages.

6. Notice and Take Down Process—Report to Competent Authorities

6.1 GTEC reserves and has the right to suspend temporarily or permanently delete, any User Account and Profile or User Generated Content any time at its sole discretion, including when it becomes aware of any breach of law or the present Terms & Conditions by any User or by any third party.

6.2 More specifically, GTEC reserves the right to remove from GTEC eLearning site any allegedly infringing Content following the submission of a takedown notice. Anyone who wants to send to GTEC a claim asking to take down any Content (notice and take down process), as provisioned in the law, should take every reasonable measure to ensure that the grounds for this claim are adequate. Notice and take down notices submitted to GTEC must be clear and explicit, specifically indicating the (allegedly) infringing Content to be taken down. The claimant should provide to us adequate data to be able to identify the potential unlawful act or omission, as well as to avoid unjustified, unsubstantiated, untrue and unfair disclosures.

6.3 GTEC will respond to notices of alleged copyright infringement that comply with applicable law. If any person believes that any materials accessible on or from GTEC infringes that person’s copyright, that person may request removal of those materials (or access to them) from GTEC by submitting Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

6.3.1 Include the complaining party’s contact information. The information must be reasonably sufficient for GTEC to contact the complaining party.

6.3.2 Identify the copyrighted or otherwise protected work or works claimed to be infringed.

6.3.3 Identify (a) for material stored by GTEC, the allegedly infringing and/or unlawful material, or (b) for information location tools, the reference or link to the allegedly infringing material or activity. This information must be sufficient to allow the Company to locate the material, reference, or link.

6.3.4 Include a physical or electronic signature of a person authorized to act on the rightsholder’s behalf.

6.3.5 Include a statement that the complaining party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner’s agent, or law.

6.3.6 Include a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder.

A takedown notice that does not substantially comply with the above requirements generally does not require GTEC to take down the allegedly infringing material.

6.4 Counter-notice: Further to the submission of a takedown notice as per the above, the alleged infringer may submit a counter-notice, which must substantially include:

6.4.1 The counter-claimant’s name, address, telephone number, and physical or electronic signature.

6.4.2 Identification of the material that was taken down.

6.4.3 The counter-claimant’s statement, under penalty of perjury, of its good faith belief that the material was taken down due to a mistake or misidentification.

6.5 For the purposes of the notice & takedown process described above, GTEC has designated, as an agent for the receipt of notifications of claimed infringements, Fritz Golding with contact information [email protected]

6.6 If any damage occurs to GTEC because of GTEC’s actions further to a notice submitted by a claimant, that claimant assumes all responsibility for covering the damage and any related expenses of the Company. We shall disregard any claim that does not fulfill the above prerequisites. Any claimant and/or counter-claimant that knowingly makes a material misrepresentation that Content is infringing and, following such misrepresentation, GTEC takes down any Content, shall be fully liable towards GTEC for any damage caused as a result to such misrepresentations.

6.7 Notwithstanding the above, we shall proceed to suspension or termination of any Content further to a Court or a Competent Authority order.

6.8 GTEC shall in no manner be liable towards the Users and/or any third party for taking down Content, pursuant to the above process, and each User acknowledges that GTEC is in no position and has no obligation to examine the accuracy of any notice and take down request and/or counter-notice submitted by any User, Client and/or any third party.

7. Intellectual Property

7.1 GTEC Intellectual Property rights

7.1.1 GTEC and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, video files, other files, and the selection and arrangement thereof are the proprietary property of GTEC or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the GTEC eLearning site. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit GTEC or any materials on the Site, except as expressly permitted by these T&Cs or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.

7.1.2 The GTEC logo and name and all other product or service names or slogans of GTEC displayed on GTEC are trademarks of GTEC and may not be copied, imitated or used, in whole or in part, without the prior written permission of GTEC. In addition, the look and feel of GTEC may not be copied, imitated or used, in whole or in part, without the prior written permission of GTEC. All other trademarks, including registered trademarks, product names and company names or logos mentioned in GTEC are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GTEC.

7.1.3 Providing access and allowing the use of the features, tools and Services provided by GTEC does not give any User or any other third-party ownership of any of the Company’s intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to GTEC, its features, tools and Services including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use GTEC are limited to those expressly granted hereby. No other rights with respect to GTEC or any related intellectual property rights are granted or implied.

7.2 All Users browsing and having access to Content in GTEC are expressly prohibited to engage in any unlawful. Users are prohibited from engaging into any unlawful act or omission, including (but not limited to ) the following activities:

8. Termination

8.1 GTEC may terminate a User’s access to all or any part of GTEC eLearning service and/or his/her User Account at any time, without cause, with or without a prior notice.

8.2 GTEC reserves without limitation the right to suspend and/or delete any User Account and terminate GTEC’s relationship with any User for due cause, including (indicatively but not exclusively) the following:

8.3.1 any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;

8.3.2 provision of false/inaccurate information in the User Account;

8.3.3 violation of any right of a third person that has come to our attention;

8.3.4 following a complaint received by another User or by a third parties for breach of the present terms, violation of any law or statute;

8.3.5 following the request of any Authority and/or Court decision and/or relevant competent Body;

8.3.6 any other or omission that could damage or harm in any ways GTEC (i.e. indicatively its operation, its reputation, its tradename and IPRs, its technical specifications, its software etc.);

9. Confidentiality

As a result of the provision of GTEC services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree to use our Confidential Information only for the specific purposes as allowed in these Terms. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, Users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

10. Indemnification

In addition to any other warranty, indemnification and declaration of Users, all Users also agree to indemnify and hold harmless GTEC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of GTEC, including but not limited to the violation of the Terms & Conditions.

11. Applicable Law and Jurisdiction

These terms are considered as terms between GTEC and User and are governed by and construed according to the laws of Texas. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Houston in Texas.

At our sole discretion, we may require you to submit any disputes arising from the use of GTEC eLearning services or any violation of these T&C’s, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

12. Miscellaneous

12.1 Above Terms and Conditions and the Privacy Policy shall bind all parties and constitute the entire agreement of the parties and prevail in any and all prior and existing contracts between the User and GTEC.

12.2 If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.

12.3 The Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.

12.4 Users may not assign any of their rights under the present Terms & Conditions to any third party. GTEC reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.

12.5 GTEC reserves the right, at its own discretion to modify or replace any part of these Terms. It is the Users’ responsibility to check the Terms & Conditions periodically for changes. The Users’ continued use of or access to GTEC following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. GTEC may also, in the future offer new services and/or features through GTEC. Such new features and/or services shall be subject to the Terms & Conditions.