Terms and Conditions

By accessing and using Gold Group Enterprises, Inc. (GOLD) text or application, collectively known as the Services, you agree that you have read, understood and accepted the terms and conditions below for the use of all GOLD services, including the GOLD network and the GOLD messaging platform (collectively, the “Services”), and all updates, support and content. If you do not agree to these terms and conditions, do not use any of the GOLD Services.

Asthma Program:

TEXT SUBCBG2 to 51684 to subscribe to asthma messages.
You will receive 2 asthma messages per month. Message & data rates may apply.

How to Opt-Out:

To opt-out from our SMS service, you can text STOP from your mobile phone to any text that you receive and we will unsubscribe you from the SMS text messaging program immediately. You will not receive any additional messages unless you re-register.

How to Get Help or Support: 

To get help, email us at support@gold-mobile.com or toll-free 855-228-4330. From your mobile phone, you may request our contact information at any time by texting HELP.

Supported Carriers

Tier 1

AT&T

Sprint/Boost/Virgin

T-Mobile/MetroPCS

Verizon Wireless

Tier 2

Cricket (Leap)

CellCom USA

C Spire Wireless

nTelos

U.S. Cellular

Carolina West Wireless (CWW)

Google Voice

Tier 3

Interop – ACS/Alaska

ClearSky – Advantage Cellular (DTC Wireless)

Interop – Aio Wireless

ClearSky – Appalachian Wireless

Interop – Bluegrass Cellular

Interop – CableVision

ClearSky – Cellular Network Partnership (PIONEER)

Interop – Cellular One of East Central Illinois

Interop – Chat Mobility USA

Interop – ClearTalk(Flat Wireless)

Interop – Copper Valley

ClearSky – Coral Wireless (Mobi PCS)

ClearSky – Cross Telephone Company (MBO Wireless)

ClearSky – Duet IP (Maximum Communications New Core Wireless)

ClearSky – Element Mobile (Flat Wireless)

ClearSky – Epic Touch (Elkhart Telephone)

Interop – GCI Communications Corp

Interop – Golden State Cellular

Interop – Illinois Valley Cellular (IV Cellular

Interop – i Wireless (IOWA Wireless)

Interop – Inland Cellular Telephone Company

Interop – Immix(Keystone Wireless)

ClearSky – Leaco

ClearSky – Mosaic (Consolidated or CTC Telecom)

ClearSky – MTA Communications

Interop – MTPCS (Cellular One Nation)

Interop – Nex-Tech Wireless

Interop – Northwest Missourri Cellular Limited

Interop – Panhandle Telecommunications Systems(PTCI)

ClearSky – Peoples Wireless

ClearSky – Pine Cellular

ClearSky – Revol Wireless USA

ClearSky – RINA

ClearSky – Sagebrush Cellular (Nemont)

ClearSky – SI Wireless/Mobile Nation

Interop – SouthernLinc

Interop – SRT Wireless

Interop – Texas RSA 3 Ltd(Plateau Wireless)

Interop – Thumb Cellular

Interop – Union Telephone Company(Union Wireless)

Interop – Viaero Wireless

Interop – West Central Wireless (5 Star Wireless)

These Terms and Conditions May Change

GOLD reserves the right to update or amend these Terms and Conditions at any time. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services.

GOLD May Change or Suspend Services

GOLD may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof (such as an offer) of any user for any reason. GOLD may also terminate or suspend any group or offer for any reason.

Eligibility

Neither the Site nor the services are intended for children under the age of 13. If you are under the age of 17, a parent or guardian must approve of your use of the service. By registering with GOLD’s services you are representing that you are at least 17, or that you have your parent’s permission to register for the Services.

Use Restrictions

As the user, you are required to accept total responsibility for your behavior and conduct while using the Services. Common courtesy and mutual respect are necessary when communicating via text message. Because GOLD hopes to promote a safe and respectful atmosphere for our users, please read over the following list of what actions you agree to refrain from while using the Services. Violation of these rules will result in suspension of service.

In using the Services, you may not

  1. Use the Services to transmit, route, provide connections to, or store any material that infringes copyrights works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms which may violate the trademark rights of third parties.
  2. Assume the identity of any individual other than yourself. You may not impersonate another member, or a GOLD staff member.
  3. Distribute or send unsolicited e-mail, text or voice message, “spam,” “chain letters”, “pyramid schemes” or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.
  4. Use the Services in any way that is against the law or harms GOLD or its affiliates, resellers, distributors, and/or vendors (collectively, the “GOLD parties”), damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service, resell or redistribute the service, or any part of the service, unless you have a reseller contract with GOLD that permits you to do so, upload, post, e-mail, or otherwise make available any content that incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence, is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, piracy and counterfeiting, gambling, drugs, online pharmacies, copyright and other intellectual property laws, defamation, libel, and rights of privacy, use the service to sell, market, distribute or advertise, or facilitate the sale, marketing, distribution or advertising of illegal gambling (including online casinos, sports books, bingo, and poker), illicit drugs, pharmaceuticals, or controlled substances, counterfeit, pirated, or stolen goods, goods that are considered indecent, obscene, or pornographic, Nazi memorabilia, registered or unregistered securities, or any goods or services that if sold via the service would cause GOLD or you to violate any laws and regulations, use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”), use any unauthorized third-party software or service to access the GOLD network, use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by GOLD or “meta-searching”), or use any unauthorized means to modify or reroute, or attempt to reroute the service.

Service Level Agreement

GOLD is committed to providing a high standard of technical support and deliver SMS and email messages swiftly. 98% of messages are generally delivered to the aggregator within 5 minutes. Messages are delivered to the network operator on a first-in first-out basis. Therefore, messages or calls received first have a higher priority in our queuing system. This delivery includes an update that the message or call has been received by the SMS gateway/PSTN carrier. Most messages are delivered with 10-15 seconds but there may be times during the day when high volumes affect delivery times. GOLD cannot guarantee delivery to the mobile phone handset due to several factors that could occur beyond our control, for example, the mobile phone may be switched off, SIM card full and unable to receive further messages, out of service area, or the network cell is busy or faulty.

The occurrence of any of the following events do not affect Service Availability and their duration will be excluded from the above calculation:

  1. The scheduled maintenance of the GOLD System.
  2. Customer requests shutdown of the GOLD System or Services.
  3. An event of Force Majeure event.
  4. Customer’s failure to timely respond to a Help Desk notification or inquiry.
  5. Customer’s failure to make timely payment.
  6. Failures of aggregator, network operators or carriers.

 

Ownership: Copyright and Trademark Notice

Anytime you publish through GOLD, upload to and or distribute information through our Service, you are granting GOLD the right to publicly display, copy, edit, delete and distribute such works. You agree to and hereby assign any rights you may have in user groups that you create or participate in, including the name, theme and content thereof. GOLD may, at its sole discretion, and without compensation to any user, make user groups available for sponsorship and branding by Clients or other third parties.

Other than private text and e-mail messages, all of the content you see, hear or otherwise experience through the Services (the “Content”), including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by GOLD or by third parties who may own them.

The Content and the Services as a whole are intended solely for the non-commercial use of authorized users. You may download, print and store selected portions of the Content, provided that you (i) only use copies of the Content for non-commercial purposes; and (ii) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. As between you and GOLD, GOLD shall retain all right, title and interest in and to the Content and Services, including all URLs. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without obtaining prior written permission from GOLD. For permission to use our materials on the web site for other purposes, please send an e-mail to info@gold-group.com. If you wish to use third-party materials appearing on the web site, you must contact the copyright owner of such materials.

Privacy

Monitoring your use. GOLD considers your use of the service to be private. However, to the maximum extent permitted by law, you authorize GOLD to access or disclose information about you, your account, your data, your content and your communications when we have a good faith reason to believe it is necessary to do so to comply with the law or legal process served on us enforce and investigate potential violations of this contract, including use of the service to participate in or facilitate activities that violate the law, protect the rights, property or safety of GOLD, its employees, customers, or the public. See additional information on privacy at

Gold-group.com/sms/privacy

Software and Services Documentation

You may copy and use any documentation provided with the Services for your internal reference purposes.

General Disclaimer and Limitation of Liability

GOLD is only a venue allowing users to communicate with other users and allowing users to receive information from third parties. If you choose to use or access the Site, use its services or participate in the Offers, or participate in any offer associated in any way with GOLD, you do so on your own initiative and at your sole risk and you are responsible for compliance with all applicable laws.

THE SITE, THE CONTENT, THE SERVICES AND ALL OTHER MATERIALS ASSOCIATED IN ANY WAY WITH GOLD OR CONTAINED IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOLD, ITS PARENT AND SUBSIDIARIES AND ANY GOLD CLIENT, AND EACH OF THEIR RESPECTIVE VENDORS, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, THE “GOLD COVERED ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT AND/OR ANY OFFERS OR THE ABSENCE OF VIRUSES FROM THE SITE, THE SERVERS OR EMAILS SENT FROM GOLD.

UNDER NO CIRCUMSTANCES WILL ANY GOLD COVERED ENTITY BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, INJURIES, ACTIONS, DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) IN ANY WAY ARISING OUT OF OR RESULTING FROM THE SITE OR YOUR USE OF THE SITE; THE SERVICES; THE CONTENT; ANY OFFERS; ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR IN CONNECTION WITH A OFFERS (INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES OBTAINED BY A MINOR); ANY MODIFICATION OR SUSPENSION OF THE TERMS OR YOUR STATUS AS A REGISTERED USER; ANY DELAYS IN TRANSMISSION OF THE SITE OR THE CONTENT; ANY FAILURE IN PERFORMANCE OF THE SITE; ANY COMPUTER VIRUSES; ANY ERRORS OR DEFECTS; ANY INABILITY TO ACCESS, USE OR PRINT FROM THE SITE OR THE OFFERS; ANY DAMAGE TO YOUR COMPUTER OR WIRELESS OR WIRED DEVICE THAT RECEIVES THE OFFERS; OR ANY OTHER LOSS OF PROPERTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY GOLD COVERED ENTITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.


Indemnification

You agree to indemnify and hold harmless the GOLD Covered Entities from and against any and all claims, liabilities, losses, injuries, actions, damages, costs and expenses (including reasonable attorneys’ fees) in any way arising out of or relating to your use of the Site any Service, any Offer or your breach of any of these Terms.


Assignment

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GOLD. Any such purported assignment or delegation by you without the appropriate prior written consent of GOLD will be null and void and of no force or effect.


Miscellaneous

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of GOLD to act with respect to a breach by any user or others does not waive GOLD rights to act with respect to subsequent or similar breaches. The failure of GOLD to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of New Jersey without regard to conflict of laws principles. All claims arising from this agreement must be filed in the state or Federal courts located in New Jersey. This agreement constitutes the entire agreement between GOLD and User with respect to the subject matter hereof.

©2015 Gold Group Enterprises, Inc.