1.    Introduction
Thanks for your interest in a Golden Age Technology Membership. These Membership Terms (the “Terms”) are between you and ServiceByte LLC, doing business as Golden Age Technology (“we”, “us”, or “our”) and form a binding legal agreement that governs your Membership. We may modify these Terms to reflect new features or changing practices, so please check back from time to time.

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Please read these Terms carefully. By clicking “I Agree” (or similar button or checkbox) or otherwise subscribing to a Membership, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a legally binding agreement with us, and (3) you have the authority to enter into these Terms (on behalf of yourself or the person you represent). If you do not wish to be bound by these Terms, you may not subscribe to or otherwise access any Membership.

2.    Membership Services
We offer IT support, digital confidence, and related IT services, as identified in our online Membership signup (“Membership”) and as we may modify from time to time. A Membership as described in the online signup includes monthly IT support for personal use only.

3.    Companion User Account
You may designate one person within your household to share the Membership (a “Companion User”). You remain fully responsible for your choice of a Companion User and any actions such Companion User takes. 

4.    Prohibited Use
You may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Membership, or any feature or functionality of the Membership, to any third party for any reason, including by making the Membership available on a network where it is capable of being accessed by more than one device at any time;

5.    Order Acceptance
You may submit a Membership signup  and we may accept or reject it in our sole discretion.

6.    Prices and Payment Terms
You must pay the monthly fees associated with the Membership you order in advance. We accept all major credit cards and will charge your card on your start date and on the same date of each following month (or the closest available date if the month is shorter, such as February).

You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the Membership, (iii) your credit card company will honor charges incurred by you, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes. We reserve the right to correct any price and payment errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

7.    Subscription Term and Cancellation
The term of a Membership will begin on your chosen start date (or, if you do not select one, the date you sign up) and will continue for one month. Unless otherwise specified in the applicable order form, the Membership will automatically renew for successive one-month terms on the same day of each following month.

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We may,  in our sole discretion, immediately cancel your Membership for excessive usage. You may cancel your Membership at any time through our website. If you cancel, your Membership will remain active until the end of your current monthly term, and you will not be charged for any future terms. No refunds or credits will be issued for amounts already charged. Should you resubscribe after cancellation, we may charge a $100 administration fee to reconfigure your account.

8.    Intellectual Property Rights; Ownership
Intellectual Property Rights means all (a) patents, patent disclosures, and inventions (whether patentable or not), (b) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, (c) copyrights and copyrightable works (including computer programs), and rights in data and databases, (d) trade secrets, know-how, and other confidential information, and (e) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. We own all Intellectual Property Rights. We grant you a license to use all such rights to the extent necessary to enable you to make reasonable use of the Membership. You remain the sole and exclusive owner of all right, title, and interest in and to any of your materials, and we have a right or license to your materials only to the extent necessary to provide the Membership.

9.    Confidential Information
Confidential Information means information, including but not limited to all non-public information, business-related information, and Intellectual Property Rights, whether or not marked as “confidential” that is disclosed or made available to a receiving party. The receiving party will: (a) not disclose or otherwise make available Confidential Information of the disclosing party to any third party without the prior written consent of the disclosing party; provided, however, that the receiving party may disclose the Confidential Information of the disclosing party to its officers, employees, consultants, and legal advisors who have a “need to know,” who have been apprised of this restriction, and who are themselves bound by nondisclosure obligations at least as restrictive as those set forth in this Confidential Information Section; (b) use the Confidential Information of the disclosing party only for purposes relevant to these Terms; and (c) promptly notify the disclosing party in the event it becomes aware of any loss or disclosure of any of the Confidential Information of the disclosing party.

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If the receiving party becomes legally compelled to disclose any Confidential Information, the receiving party must provide: (i) prompt written notice of such requirement so that the disclosing party may seek, at its sole cost and expense, a protective order or other remedy; and (ii) reasonable assistance, at the disclosing party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If, after providing such notice and assistance as required here, the receiving party remains required by law to disclose any Confidential Information, the receiving party will disclose no more than that portion of the Confidential Information which, on the advice of the receiving party’s legal counsel, the receiving party is legally required to disclose.

10.    Warranties
WE HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THESE TERMS, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.    Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITATION OF LIABILITY SECTION, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US PURSUANT TO THE 1-MONTH SUBSCRIPTION TERM PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and limitations in this Limitation of Liability Section will not apply to damages or other liabilities arising out of or relating to our willful misconduct and death or bodily injury or damage to real or tangible personal property resulting from our negligent acts or omissions.

12.    Force Majeure
We will not be liable or responsible for any failure or delay in fulfilling or performing any provision of these Terms, nor will we be deemed to have defaulted under or breached these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; or (g) shortage of adequate power or transportation facilities. We may give notice, stating the period of time the delay is expected to continue.

13.    Notices
All notices and other communications must be sent to the respective parties at the addresses indicated on the applicable Membership sign up (or at such other address or email address as such party may notify the other party). You must email a copy of notices to us at support@goldenagetechnology.com.

14.    Assignment
You may not assign, transfer, or delegate any or all of your rights or obligations under these Terms. Any attempted assignment, transfer, or other conveyance in violation of the foregoing will be null and void.

15.    Headings
The headings in these Terms are for reference only and will not affect the interpretation of this agreement.

16.    Severability
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

17.    Governing Law
These Terms will be governed by the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York. Any legal suit, action, or proceeding arising out of or related to these Terms or a Membership sign up must be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the city of White Plains and County of Westchester, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

18.    Entire Agreement
These Terms, together with all Membership sign ups and any other documents incorporated by reference, constitute our sole and entire agreement with you with respect to the subject matter contained here, and supersede all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.