Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY AFFECT YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND BLESSINGWALL ARE RESOLVED.
The gstnd.com web site, and other related services (the “Service” or “Services”) are operated by Gold Standard Radiation Detection, Inc. doing business as “GSTND”. GSTND provides an interactive website enabling users to review information about GSTND products and request sales information.
By using the Service, you agree to be bound by the terms and conditions in this agreement.
General Account Terms
As a condition of using the Service, you agree that you will:
- Be a human 18 years or older who has the legal capacity to enter a contract. Use by minors, or through “bots” or other automated methods is not permitted.
- Use the Service only for legal and authorized purposes. You must not use the Service in a way that violates any laws or regulations in your jurisdiction.
As a condition of access to the Service, you agree that you will NOT:
- Violate GSTND’s acceptable use policies (as determined in GSTND’s sole discretion from time to time) for communications and behavior relating to the Service. For example, violation of any party’s intellectual property rights, and communication that is profane, unlawful, threatening, abusive, libelous, defamatory, pornographic, obscene, contains slurs and/or is otherwise objectionable, are grounds for immediately terminating your authorization to use the Service.
- Use the Service to transmit unsolicited email, advertisements, SMSs, “spam” messages, worms, viruses or any links or code of a destructive nature.
- Modify, adapt, hack, or interfere with the operation of the Service.
- Create or operate another application, website, or service to falsely imply that it is associated with GSTND Services.
- Reproduce, duplicate, copy, sell, resell or exploit (i) any portion of the Service, or (ii) access to any portion of the Service without GSTND’s express written permission.
- Misrepresent your identity to avoid enforcement of any GSTND policies, terms or conditions.
- Use an automated data gathering and extraction tool (e.g. a spider, robot or scraper) to access the Service and/or harvest data, except for the purpose of indexing GSTND content in a recognized search engine.
Cancellation and Termination
GSTND, in its sole discretion, may refuse to provide access, or suspend or terminate your access to the Service, for any reason at any time.
Modifications to the Service(s) and Their Terms
GSTND reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
GSTND also reserves the right to amend these Terms of Service and its policies. Changes will take effect as posted, and continued use of any Service shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://GSTND.com/termsofservice.html. Other policies are posted at GSTND.com.
GSTND Ownership Rights
All GSTND content provided as part of the Service(s) is the property of (or licensed by) GSTND and is protected by U.S. and international copyright and/or other intellectual property laws. The look and feel of the website and Service(s) are also Copyright 2021 GSTND, with all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or content without express written permission from GSTND.
The GSTND website, including all files and images contained in or generated by the website, its look-and-feel, visual design elements, and accompanying data (collectively, “Software”) are licensed to you for display in your browser by GSTND, for personal use only and not for commercial resale. GSTND does not grant you any title or other intellectual property rights in the Software. You may not sell, redistribute, or reproduce any part of the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any part of the Software to a human-perceivable form.
Disclaimers and Limitations of Liability
Your use of the Service(s) is at your own risk, and on an “as-is” and “as-available” basis. To the full extent permitted by law, GSTND hereby excludes all express and implied warranties, including (without limitation) implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
In addition, to the extent permitted by law, GSTND (and its officers, directors, agents, service providers, and employees) are not liable for any damages or losses resulting in any way from:
- Content you provide while using the Service(s).
- Your use of or inability to use Service(s).
- Any modification, suspension or discontinuance of the Service(s).
- Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Service(s).
- Damage to your device(s) while using the Service(s).
- The accuracy of information obtained through the Service(s).
- Actions taken by GSTND in response to violations of the Terms of Service and its other policies, as amended from time to time.
- Acts (or failures to act) of GSTND’s third party hardware, software, and network service providers.
The foregoing exclusions of GSTND liability apply to all forms of damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to, damages for loss of profits, goodwill, use, personal injury, or intangible losses (even if GSTND has been advised of the possibility of such damages).
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If despite the provisions herein, GSTND is found to be liable for damages to you or another party, our liability is limited to the greater of (i) the amount paid to GSTND for the transaction giving rise to the alleged liability and (ii) $100.
You will indemnify and hold harmless GSTND, its officers, directors, employees, and agents from any claim or demand (and reasonable attorney’s fees) made by any third party arising out of your breach of these Terms of Service, your improper use of the Service(s), or your violation of any law or other rights of a third party.
Arbitration of Disputes with GSTND
Any claim or dispute arising between you and GSTND that relates in any way to the GSTND Terms of Service, your use of or access to the Service(s), or actions by GSTND in providing the Service, will be resolved exclusively through final and binding arbitration, rather than in court.
As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Prohibition of Class and Representative Actions
YOU AND GSTND MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org.
A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”) describing the nature and basis of the claims the party is asserting and the relief sought. The Notice to GSTND should be sent to:
Gold Standard Radiation Detection, Inc.
Attn: Notice of Dispute
6300 Riverside Dr NW, Suite 100
Albuquerque, NM 87120
GSTND will send any Notice to your email address, or to a physical address if available.
If you and GSTND are unable to resolve the claims in the Notice within 30 days after the Notice is sent, either party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to GSTND at the address above. If GSTND initiates an arbitration it will send a copy of the completed form to the email and/or physical address on file for your GSTND account. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Settlement offers shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Albuquerque, New Mexico. If the value of the relief sought is $1,000 or less, either you or GSTND may elect to have the arbitration conducted by telephone or based on written submissions.
The arbitrator will decide all claims consistent with applicable law and will honor privileges recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving other users. The arbitrator’s award shall be final and binding; judgment on the award may be entered in any court having jurisdiction thereof.
YOU CAN REJECT THE ARBITRATION REQUIREMENT HEREIN BY MAILING GSTND A WRITTEN NOTICE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU USE THE SERVICE FOR THE FIRST TIME.
The Notice must include your name, street address, city, state and zip code, and must be signed by you. You must mail the Opt-Out notice to the address listed above. This is the only way to opt out of arbitration; the rest of the Terms of Service will continue to apply. Opting out of arbitration as provided in this version of the Terms of Service has no effect on any other or future arbitration agreements you may have with GSTND.
If the arbitration provisions above are found not to apply to your claim, the state courts located in Albuquerque, New Mexico and the Federal courts located in New Mexico will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of these courts.