Terms of Service | Golden Child

My Golden Child, Inc. (“Golden Child,” “we,” “our,” or “us”) welcomes you. We invite you to access and use our website located at https://mygoldenchild.co/ (the “Website”), subject to the following terms and conditions (the “Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY VISITING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF USE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, THEN PLEASE DO NOT USE THE WEBSITE.

If you accept or agree to the Agreement 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 the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. USE OF PERSONAL INFORMATION

Your use of the Website may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://mygoldenchild.co/policies/privacy-policy, which is hereby incorporated by reference in its entirety.

2. ACCOUNTS

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not responsible for any loss or damage arising from your failure to safeguard your account credentials.

We reserve the right to suspend or terminate your account at any time, in our sole discretion, for any violation of this Agreement or for any other lawful reason.

3. SMS COMMUNICATIONS

By providing your mobile phone number to Golden Child, whether during account
registration, checkout, or otherwise, you consent to receive transactional, service-
related, and informational text messages (SMS and MMS) from Golden Child. These
messages may include, but are not limited to: order confirmations; shipping and delivery updates; subscription renewal reminders; payment notifications; product availability or back-in-stock alerts; food transition information and feeding schedule reminders; and other communications related to your transactions, orders, or account with Golden Child. These transactional messages are separate from any marketing or promotional messages, which require separate consent.

Message frequency will vary depending on your order activity, subscription status, and account settings. Message and data rates may apply depending on your mobile carrier and plan. Golden Child is not responsible for any fees or charges your mobile carrier may impose for receiving text messages.

You may opt out of receiving transactional text messages at any time by replying STOPto any message you receive or by contacting us at [email protected].

Please note that opting out of transactional messages may affect our ability to
communicate important information about your orders, deliveries, or subscriptions.
Opting out of transactional messages does not affect any separate consent you may
have provided for marketing messages, and vice versa. For more information about how we collect, use, and protect your phone number and other personal information, please see our Privacy Policy.

With your prior express written consent where required by applicable law, we may also send you recurring marketing or promotional text messages. Consent to receive
marketing text messages is not a condition of any purchase. Messages may be sent
using an automatic telephone dialing system or other automated technology. Message frequency varies, and message and data rates may apply. You may opt out of text messages at any time by replying STOP to any message, and you may reply HELP or contact us at [email protected] for assistance. Opting out of marketing text messages will not affect transactional or service-related communications.

Carriers are not liable for delayed or undelivered messages. You represent that any phone number you provide is your own, and you agree to notify us promptly if you change or deactivate that number.

4. PURCHASE; PAYMENT

All prices are listed in U.S. dollars unless otherwise stated. By placing an order through the Website, you agree to pay all charges incurred in connection with your purchase, including applicable taxes and shipping fees. Payments are processed through third-party payment processors. By submitting your payment information, you authorize us and our payment processors to charge the designated payment method for the total amount of your order, including any recurring charges if applicable. We do not store complete payment card information on our servers. We reserve the right to refuse, cancel, or limit any order for any reason, including suspected fraud, unauthorized activity, or errors in pricing or product information. If we cancel your order after your payment method has been charged, we will issue an appropriate refund.

5. SUBSCRIPTIONS; AUTOMATIC RENEWAL; PROMOS

AUTOMATIC RENEWAL AND BILLING AUTHORIZATION.

If you enroll in a subscription program through our online checkout process, you agree that your subscription will automatically renew at the frequency disclosed at the time of purchase (which may vary based on your selected delivery schedule, ranging from every 4 days to every 60 days) unless and until you cancel. By enrolling in a subscription, you authorize us (or our third-party payment processors) to charge your designated payment method on a recurring basis for the applicable charges associated with each subscription order, including any applicable taxes and shipping charges, each time a subscription order is processed, until you cancel. Charges will occur each time a subscription order is processed according to the delivery frequency you selected at enrollment, unless you cancel or modify your subscription before the order is processed.

HOW TO CANCEL YOUR SUBSCRIPTION.

You may cancel your subscription at any time using the online cancellation mechanism available through your account or by contacting us as described in Section 18. To avoid future charges, you must cancel before your next scheduled subscription order is processed (as disclosed at enrollment and/or available in your account). Cancellation will stop future subscription orders that have not yet been processed. You may continue to receive products for any subscription order that has already been charged or processed prior to cancellation. After enrollment, we will send you an acknowledgment that includes the material subscription terms and information on how to cancel.

CHANGES TO YOUR SUBSCRIPTION.

We reserve the right to modify, suspend, or terminate subscription offerings at any time. We will provide advance notice of any material changes to your subscription, including any changes to fees, and you will have the opportunity to cancel before such changes take effect. Except as required by applicable law, subscription fees are non-refundable once charged.

PROMOTIONAL AND INTRODUCTORY PRICING.

From time to time, we may offer promotional or introductory pricing, such as discounts on your initial order or discounts for selecting certain subscription options (e.g., larger box sizes). If you enroll in a subscription at a promotional or discounted price, you acknowledge and agree that: (a) the promotional price applies only to the subscription order(s) specified at enrollment; (b) upon expiration of the promotional period, your subscription will automatically renew at the then-current standard price unless you cancel before the end of the promotional period; and (c) the promotional price, the standard price that will apply after the promotion, and the date the promotional pricing ends will be disclosed at enrollment.

6. INTELLECTUAL PROPERTY

The Website contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, tutorials, and other material provided by or on behalf of Golden Child (collectively referred to as the “Content”). The Content may be owned by us or our licensors and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other intellectual property rights or laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary or legal notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content outside the Website, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access the Website automatically terminates and you must immediately destroy any copies you have made of the Website.

The trademarks, service marks, and logos of Golden Child (the “Golden Child Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Golden Child. Other company, products and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Golden Child Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Golden Child Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. GUIDELINES

By accessing and/or using the Website, you hereby agree to comply with the following guidelines:

You will not use the Website for any unlawful purpose;
You will not access or use the Website to collect any market research for a competing businesses;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not decompile, reverse engineer, or disassemble any software or other platform or processes accessible through the Website;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections on the Website;
You may not use any robot, spider, scraper, crawler, or other automated means to access the Website for any purpose without our prior written permission; provided, however, that operators of public search engines are granted permission to use spiders to copy materials from publicly available portions of the Website solely as necessary to create publicly available searchable indices (but not caches or archives) of such materials. If you access the Website using automated means in violation of the foregoing, we may, with or without notice, implement technical safeguards or other measures to prevent or block such activity, including suspending or terminating your access to the Website;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means.

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Website, or any portion thereof, without notice.

8. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and our services (“Feedback”). Although we encourage you to contact us, we do not want you to, and you should not, submit any content that contains confidential or proprietary information. By submitting Feedback, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and otherwise exploit such Feedback for any purpose, including the development, promotion, and marketing of the Website and services, without compensation or attribution to you. We shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback without restriction.

9. USER CONTENT; PHOTO UPLOADS

The Website may allow you to upload, submit, or transmit photos, images, or other content (collectively, “User Content”). By uploading or submitting User Content, you grant Golden Child a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, and perpetual license to use, reproduce, modify, adapt, create derivative works from, distribute, publicly display, and otherwise exploit your User Content in connection with the operation, promotion, and improvement of the Website and our services, including for the purposes described in Section 9. You represent and warrant that you own or have all necessary rights, consents, and permissions to grant the foregoing license and that your User Content does not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

We reserve the right, in our sole discretion, to remove, disable, or restrict access to any User Content at any time, for any reason or no reason, without prior notice or liability. We have no obligation to monitor, review, or store User Content, and we are not responsible for any loss, deletion, or corruption of User Content. You are solely responsible for maintaining backup copies of any User Content you submit.

10. AI-GENERATED CONTENT

Golden Child may use artificial intelligence and machine learning technologies to generate images, artwork, or other content based on or derived from photos and other User Content you upload (“AI-Generated Content”). By uploading photos or other User Content, you acknowledge and consent to such use. AI-Generated Content is provided for your personal, non-commercial enjoyment and to enhance your experience with our services.

As between you and Golden Child, Golden Child owns all right, title, and interest in and to any AI-Generated Content, including all intellectual property rights therein. Subject to the terms of this Agreement, Golden Child grants you a limited, non-exclusive, non-transferable, revocable license to use, download, and share AI-Generated Content created from your User Content solely for your personal, non-commercial purposes. You may not sell, license, distribute for commercial purposes, or otherwise commercially exploit any AI-Generated Content without Golden Child’s prior written consent.

AI-GENERATED CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GOLDEN CHILD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, QUALITY, RELIABILITY, OR SUITABILITY OF AI-GENERATED CONTENT. YOU ACKNOWLEDGE THAT AI TECHNOLOGY MAY PRODUCE UNEXPECTED, INACCURATE, OR IMPERFECT RESULTS. GOLDEN CHILD SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO YOUR USE OF, RELIANCE ON, OR INABILITY TO USE AI-GENERATED CONTENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATED TO THE DEPICTION, LIKENESS, OR REPRESENTATION OF ANY PERSON, ANIMAL, OR PROPERTY IN AI-GENERATED CONTENT.

11. PERSONAL USE ONLY; NO RESALE

All products and services offered through the Website are intended solely for your personal, non-commercial use. You may not purchase products for resale, redistribution, or commercial purposes without Golden Child’s prior written consent. Any attempt to resell, redistribute, or commercially exploit our products or services without authorization is strictly prohibited and constitutes a material breach of this Agreement.

Golden Child reserves the right, in its sole discretion, to limit order quantities, refuse orders, suspend or terminate accounts, and take any other action it deems appropriate where it suspects commercial misuse, resale activity, or any violation of this Section. We may require verification of intended use before processing orders that appear to be for commercial purposes.

12. ALLERGEN DISCLAIMER

THE PRODUCTS WE SUPPLY MAY CONTAIN ALLERGENS. WHILE WE STRIVE TO IDENTIFY COMMON ALLERGENS CONTAINED IN OUR PRODUCTS AND PROVIDE ACCURATE INGREDIENT INFORMATION, IT IS YOUR SOLE RESPONSIBILITY TO REVIEW ALL INGREDIENT AND NUTRITIONAL INFORMATION AND TO ENSURE THAT ANY FOOD YOU FEED TO YOUR PET DOES NOT CAUSE AN ADVERSE REACTION. GOLDEN CHILD SHALL NOT HAVE ANY LIABILITY FOR ANY ALLERGIC REACTION YOUR PET MAY HAVE, OR ANY ADVERSE HEALTH CONSEQUENCES, INJURIES, OR DAMAGES RESULTING FROM AN ALLERGY OR SENSITIVITY TO ANY INGREDIENT IN OUR PRODUCTS. IF YOU HAVE ANY CONCERNS ABOUT POTENTIAL ALLERGENS OR YOUR PET’S DIETARY NEEDS, YOU SHOULD CONSULT WITH A LICENSED VETERINARIAN BEFORE USING OUR PRODUCTS.

13. NO MEDICAL ADVICE

THE CONTENT, INFORMATION, AND RECOMMENDATIONS PROVIDED THROUGH THE WEBSITE, INCLUDING ANY NUTRITIONAL GUIDANCE OR FEEDING SUGGESTIONS, ARE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT. ALTHOUGH GOLDEN CHILD MAY EMPLOY OR CONSULT WITH VETERINARY NUTRITIONISTS OR OTHER ANIMAL HEALTH PROFESSIONALS, THE INFORMATION PROVIDED ON THE WEBSITE DOES NOT CREATE A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP BETWEEN YOU (OR YOUR PET) AND GOLDEN CHILD OR ANY OF ITS EMPLOYEES, CONTRACTORS, OR AFFILIATES.

YOU SHOULD ALWAYS CONSULT A LICENSED VETERINARIAN FOR ANY QUESTIONS OR CONCERNS REGARDING YOUR PET’S HEALTH, DIET, MEDICAL CONDITIONS, OR TREATMENT. DO NOT DISREGARD, DELAY, OR AVOID OBTAINING PROFESSIONAL VETERINARY ADVICE BECAUSE OF INFORMATION YOU HAVE READ ON THE WEBSITE. GOLDEN CHILD IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, DIAGNOSIS, TREATMENT, OR OTHER INFORMATION OBTAINED THROUGH THE WEBSITE, AND RELIANCE ON ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

14. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER GOLDEN CHILD NOR GOLDEN CHILD’S SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND GOLDEN CHILD HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

15. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

16. INDEMNIFICATION

You will indemnify, defend, and hold Golden Child and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Golden Child Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Golden Child Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Website, and/or the Content; (iii) your User Content, including any claim that your User Content infringes, misappropriates, or violates any third-party intellectual property, privacy, or publicity rights; (iv) your use or misuse of any AI-Generated Content; and/or (v)(iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

17. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Website and/or the Content may be viewed or be appropriate for use outside of the United States. If you access the Website, and/or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

18. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

19. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Website, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY APPLICABLE RULES AND WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

20. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

21. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from a court of competent jurisdiction consistent with Section 13 any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

22. CONTROLLING LAW; EXCLUSIVE FORUM

The Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. For disputes not subject to binding arbitration under Section 13, the parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement

23. MISCELLANEOUS

If the Agreement is terminated in accordance with the termination provision in Section 1712 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “User Content; Photo Uploads,” “AI-Generated Content,” “Personal Use Only; No Resale,” “Allergen Disclaimer,” “No Medical Advice,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

You may not assign any of your rights, duties, or obligations under these Terms of Use to any person or entity, in whole or in part, without written consent from Golden Child. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

24. CONTACT US; CANCELLATION

If you have any questions about these Terms of Use, your order, or your subscription, or if you wish to cancel a subscription, you may contact us using the information below:

Email: [email protected]

IF YOU ENROLLED IN A SUBSCRIPTION ONLINE, YOU MAY ALSO CANCEL AT ANY TIME THROUGH THE ONLINE CANCELLATION MECHANISM AVAILABLE IN YOUR ACCOUNT. CANCELLATION REQUESTS SUBMITTED THROUGH ANY AVAILABLE METHOD WILL BE PROCESSED PROMPTLY IN ACCORDANCE WITH APPLICABLE LAW.