YSV Financial LLC, doing business as "Golt" and its affiliated companies ("Golt," "we," "us," and "our") provides loan request and related financing‑facilitation services through our website and other online means (collectively, the "Services"). These Terms of Use (the "Terms") are a legal agreement between you and Golt and apply to your use of the Services. These Terms apply when a user is required to agree to these Terms, or when these Terms are made available as a link or otherwise on or through the applicable Services and the user agrees by using such Services. You acknowledge and agree that, by accessing or using the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services, and you should leave this website immediately.
For purposes of these Terms, "you" or "your" means the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of these Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going‑forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
Eligibility
To use the Services you must be, and represent and warrant that you are, at least 18 years of age, reside in the United States of America, and are competent to agree to these Terms. If Golt has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. If you or your organization contracts with us to use our Services on a paid basis, you may also be required to execute a separate written agreement (a "Golt Services Agreement"). In the event of any conflict between these Terms and a Golt Services Agreement, the terms of the Golt Services Agreement control, including with respect to any applicable payment terms, which may change from time to time.
Privacy Policy
The Golt Privacy Policy, hereby incorporated by reference into these Terms, explains our privacy practices applicable to the information that is collected through the Services, received directly from you, or transmitted to or from third parties. Any financial product or service you obtain in connection with the Services is also subject to our Financial Privacy Notice.
In the event of any conflict or inconsistency between these Terms or the Privacy Policy and the Financial Privacy Notice, the terms of the Financial Privacy Notice shall control. In the event of any other conflict between these Terms and the Privacy Policy and any rules, restrictions, limitations, terms, and/or conditions that may be posted at various points on the Services or otherwise communicated to users of the Services, these Terms and the Privacy Policy shall control.
Intellectual Property
The Services are owned and operated by Golt and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, and service marks) which are derived in whole or in part from materials supplied by Golt and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademark, service mark, and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know‑how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services, shall, as between you and Golt, at all times be and remain the sole and exclusive property of Golt. You agree to notify Golt immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law right.
License
Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, non‑sublicensable, non‑transferable, and revocable right to access and use the Services only for your own internal, personal, or business use as contemplated by these Terms, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. Golt may revoke this license at any time, in its sole discretion.
User Content and Submissions
User Content and Submissions. The Services may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content such as photographs, questions, messages, ideas, product feedback, comments, and other content (collectively, "User Content") that may or may not be viewable by other users.
Our License to User Content. When you Post User Content on or through the Services or otherwise provide us with any feedback about our products or services, you grant Golt a worldwide, perpetual, irrevocable, royalty‑free, non‑exclusive, and sub‑licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, and publish such User Content or feedback, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, our use of your personal data shall be governed by the Golt Privacy Policy.
User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third‑party rights. You understand that Golt does not control, and is not responsible for, User Content, and that by using the Services you may be exposed to User Content from other users that is offensive, inaccurate, misleading, or otherwise objectionable. You agree that you will indemnify, defend, and hold harmless Golt for all claims resulting from User Content you Post.
User Content Review. You acknowledge and agree that Golt and its designees may or may not, at Golt's discretion, pre‑screen User Content before its appearance on the Services, but that Golt has no obligation to do so. Golt reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that violates these Terms or is otherwise objectionable in Golt's sole discretion. You acknowledge and agree that Golt does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of, or reliance on the accuracy, completeness, or usefulness of, User Content.
Prohibited Conduct
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
- Submit or Post User Content that harasses, abuses, or threatens any other person, or that contains obscene content; is false, misleading, or inaccurate; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification; or is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;
- Use the Services commercially in a manner not permitted by these Terms or an applicable Golt Services Agreement, for benchmarking, or to compile information for a competing product or service;
- Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of Golt;
- Scrape, access, monitor, index, frame, link, or copy any content or information on the Services using any robot, spider, scraper, web crawler, or any automated method of access other than manually accessing the publicly available portions of the Services through a browser;
- Violate the restrictions in any robot exclusion headers of the Services, or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Post or make available any material that contains any software, device, instructions, computer code, files, programs, or other content designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including any virus, malware, worm, Trojan horse, or other malicious code);
- Post or do anything that could disable, overburden, or impair the proper working of the Services;
- Post or make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Services;
- Post any trade secrets or other confidential information that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity;
- Authorize or permit anyone else to access and/or use your information or account credentials;
- Solicit personal or sensitive information from other users, including address, credit card or financial account information, or passwords;
- Send spam or other unsolicited advertisements or solicitations, surveys, pyramid schemes, or otherwise engage in unauthorized commercial activity on or through the Services;
- Frame, inline link, or similarly display the Services or any portion of the Services;
- Interfere with any other party's use and enjoyment of the Services;
- Use the Services to send automated calls, text messages, or other communications without obtaining all legally required consents, including those required under the Telephone Consumer Protection Act ("TCPA") and applicable call‑recording laws; or
- Attempt to do, or assist anyone in attempting to do, any of the above.
Legal Compliance
You acknowledge, consent, and agree that Golt may access, preserve, and disclose your information and/or any content you submit or make available for inclusion on the Services, if required to do so by law or in a good‑faith belief that such access, preservation, or disclosure is permitted by Golt's Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy, our Financial Privacy Notice, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and/or (5) to protect the rights, property, or personal safety of Golt, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
You acknowledge and agree that you are solely responsible for obtaining all consents necessary for any calling, call‑recording, messaging, SMS follow‑up, or other outreach that you request or authorize, including all consents required under the TCPA, state call‑recording laws, and the federal E‑Sign Act. Where required by applicable state law, including in two‑party consent states, you will obtain the call participant's consent to recording directly. Golt shall not be responsible for your failure to obtain any required consent.
Loan Request Services
Golt provides services to connect users ("Loan Request Users") with certain lending partners ("Lenders").
Golt is not a lender or creditor, and we do not make any loan or credit decisions. We cannot and do not endorse or recommend the products or services of any particular Lender. Loan Request Users acknowledge and agree that Golt is not an agent of any Loan Request User or any Lender, and Golt is not a party to any contract between any Loan Request User and any Lender. Loan Request Users should rely on their own judgment in deciding which available loan product, terms, or Lender best suits their needs and financial means. The Lender is solely responsible for its services to Loan Request Users, and Loan Request Users agree that Golt shall not be liable for any damages or costs of any type arising out of or in any way connected with the use of such services.
When a Loan Request User submits a request through the Services for information related to lending products, that user authorizes us to transmit their information to third parties for the purpose of obtaining additional information about or related to them, including a Social Security Number. We may use the information the Loan Request User provides, and that we obtain from third parties, to submit to credit reporting agencies to conduct a soft credit pull inquiry. The Loan Request User further authorizes us to disclose such information obtained from or derived from third parties to Lenders or other third parties for purposes of fulfilling the Loan Request User's request, or as otherwise provided in our Privacy Policy. No hard inquiry of credit will be performed by Golt or its network Lenders unless the Loan Request User authorizes it by submitting a completed loan request.
By submitting a request related to lending products, the Loan Request User is also consenting, acknowledging, and agreeing to receive important notices, disclosures, and other communications from Golt or applicable Lenders ("Notices") in electronic form (either by email or via the Internet). The Loan Request User understands that they will need, and have access to, an email address, Internet access, and PDF software to review the Notices. The Loan Request User has the right to receive any document in non‑electronic form and to withdraw consent to electronic delivery at any time by contacting us at support@getgolt.com.
The data and other information a Loan Request User may provide is not, and is not treated as, an application for any loan or product from Golt, Lenders, or any other party. Golt cannot and does not guarantee acceptance by any Lender or any other party. Individual Lenders establish and maintain their own approval standards. Golt does not guarantee that the loan terms or rates offered by Lenders are the best terms or lowest rates available in the market. A Lender's conditional loan offer may be subject to market conditions, approval, and qualification, and the rates and fees actually provided may be higher or lower depending on your complete credit profile and other factors. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock‑in agreement. Lenders may not offer all products, or offer products in all states, and a Loan Request User might not be matched with the Lender making any specific offer.
To help the government fight identity theft, the funding of terrorism, and money‑laundering activities, Golt and/or its Lenders may obtain, verify, and record information that identifies each person who opens an account with them. Golt has no control over any Lender's identity‑verification processes.
Telephone and messaging consent. By providing a telephone number in connection with a request for information regarding a specific lending product, the Loan Request User provides express written consent for Golt, and the specific Lender(s) to whom that request is being submitted at that time, to contact the Loan Request User by telephone and text message, including by automatic telephone dialing system or artificial or prerecorded voice, at the number provided, regarding that specific request, even if such number is registered on a state or federal Do Not Call registry. This consent is not a condition of purchasing any property, goods, or services.
Contractor referrals and compensation. Golt provides its Services to certain home‑improvement contractors and other service providers ("Contractors"), who may market the Services to their customers. If you are a Loan Request User and you learned about Golt from a Contractor, from a link on a Contractor's website, or from a link associated with a Contractor on a social media platform or other webpage, you acknowledge that Golt may compensate the associated Contractor, or a third party that referred that Contractor to Golt. Notwithstanding the foregoing, to the extent any such compensation would constitute a referral fee, kickback, or unearned fee prohibited under the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) or its implementing regulations, such arrangement shall not apply, and Golt's compensation practices shall be structured to comply with RESPA and other applicable law. In exchange for using Golt's Services and receiving certain prequalified loan offers from Golt's lending partners, you agree that Golt may share information that you provide to Golt, or that Golt's Lenders provide to Golt about you, with the associated Contractor, including but not limited to whether you requested information about loan products, the principal amount requested, the details of any loan options for which you were prequalified, and whether you obtained a loan. You acknowledge that Golt makes no representations of any kind with respect to any Contractor, and your decision to obtain services from any Contractor is made entirely at your own risk.
Warranties and Disclaimers
THE SERVICES AND THEIR CONTENTS, WHETHER PROVIDED BY GOLT, ITS LICENSORS, ITS VENDORS, OR ITS LENDERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, GOLT DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GOLT, ITS SUPPLIERS, LENDERS, AND INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, OR COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY OTHER TECHNICAL PROBLEM.
Limitation of Liability
IN NO EVENT SHALL GOLT OR ITS AFFILIATES, LICENSORS, VENDORS, LENDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY DELAY OR INABILITY TO USE THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT GOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
GOLT'S AGGREGATE LIABILITY OF ALL KINDS ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OF THE SERVICES SHALL NOT EXCEED THE LIABILITY CAP SET FORTH IN ANY APPLICABLE GOLT SERVICES AGREEMENT. IF NO GOLT SERVICES AGREEMENT APPLIES TO YOU, GOLT'S AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
If you are a California resident, you hereby waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnification
You agree to indemnify, defend, and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub‑contractors, agents, representatives, successors, and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys' fees) of any kind and nature, known and unknown, which may arise out of or are in any way connected with your access to, visitation of, and/or use of the Services, any information or content you submit through the Services, unauthorized use of content obtained on or through the Services, your breach or alleged breach of these Terms or any other terms governing your use of the Services, your failure to obtain legally required consent for any messaging or call‑recording, any violation of law caused by your use of the Services, or from any of your unlawful acts or omissions in connection with the Services.
Notice and Procedure for Copyright Claims
Golt has a policy of, in appropriate circumstances and at its discretion, terminating access to users who infringe the intellectual property of others, including repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide our Copyright Agent a written notice containing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) identification of the copyrighted work or other intellectual property claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your address, telephone number, and email address; (e) a statement that you have a good‑faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.
You may send claims of copyright or other intellectual property infringement to Golt's Copyright Agent at: support@getgolt.com or 24681 Northwestern Hwy, Southfield, MI 48075.
Third‑Party Links and Services
The Services may provide (1) information and content provided by third parties, including Lenders; and (2) links to third‑party websites or resources. Golt is not responsible for the availability, accuracy, or performance of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information‑handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Golt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties' own terms of service and privacy policies.
Modification and Termination
Golt reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice, including the fees we charge to access the Services. You agree that Golt shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post‑termination, including without limitation the Mandatory Arbitration and Class Action Waiver provisions. Even if we terminate the Services or these Terms, we may (but have no obligation to) retain information you have submitted to us.
Fees and Pricing
The fees applicable to your use of the Services, if any, are set out in your Golt Services Agreement, order form, or as otherwise communicated to you at sign‑up. All fees are due and payable in accordance with the billing terms applicable to your plan. Golt reserves the right to modify fees at renewal, introduce additional fees, and otherwise change fees and pricing for its Services, with prior notice where required. Your continued use of the Services after the effective date of a change constitutes your acceptance of the change in fees.
Consent to Receive Electronic Communications
You agree that Golt may provide you with Notices and other communications, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. You agree that all Notices and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically applies to all of your interactions and transactions with us.
You agree to provide us with accurate, complete, and current information about yourself and to promptly notify us of any changes. You can update your information by contacting us at support@getgolt.com. You have the right to receive any document in non‑electronic form and may obtain a paper copy of any Notice by contacting us at support@getgolt.com. You may withdraw your consent to receive electronic Notices at any time by contacting us; such withdrawal will not apply to Notices that were furnished to you electronically before the withdrawal takes effect. With your consent, Golt or Lenders may also contact you by telephone or text message; you may withdraw consent to receive text messages by replying "STOP" to any message or by emailing support@getgolt.com with "Revoke Electronic Consent" in the subject line.
Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Golt agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded are the litigation of certain intellectual property and small claims court claims, as provided below.
Initial Dispute Resolution. If you have any dispute with us, you agree that before taking any formal action you will contact us at support@getgolt.com and provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute directly through consultation and good‑faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed‑upon solution within sixty (60) days from the time informal dispute resolution is initiated, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided below). All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000, and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (a form is available at www.jamsadr.com) and send one copy to us at 24681 Northwestern Hwy, Southfield, MI 48075. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Golt will pay the additional cost. If the arbitrator finds the arbitration to be non‑frivolous, Golt will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Class Action Waiver. The parties agree that the arbitration shall be conducted in the parties' respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GOLT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office. Either party may also seek relief in a small claims court for disputes within the scope of that court's jurisdiction.
30‑Day Right to Opt Out. You have the right to opt out of and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt out to us at support@getgolt.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT‑OUT." The notice must be sent within thirty (30) days of (a) the effective date of these Terms, or (b) the first date that you used the Services that contained this version of the mandatory arbitration and class action waiver, whichever is later. If you opt out of these arbitration provisions, Golt also will not be bound by them.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
Controlling Law and Severability
These Terms shall be construed in accordance with and governed by the laws of the State of Michigan, notwithstanding its conflicts‑of‑law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these Terms or the use of the Services shall be initiated and conducted in the state or federal courts of Oakland County, Michigan, and you and Golt consent to the exclusive jurisdiction of such courts.
General Terms
Force Majeure. Under no circumstances shall Golt be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No Waiver. No waiver of any provision of these Terms will be binding unless in writing, and the failure of Golt to exercise or enforce any right or remedy does not waive that right or remedy. If an arbitrator or court of competent jurisdiction finds any provision of these Terms to be invalid, the other provisions will remain in full force and effect.
Compliance with Law. You agree to comply with all applicable laws in connection with your use of the Services.
Third‑Party Beneficiaries / Relationship. Except as otherwise expressly provided in these Terms, there shall be no third‑party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created between you and Golt, or between Golt and any Lender, as a result of these Terms or your use of the Services.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where prohibited by applicable law.
Assignment. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you, but may be assigned by Golt without restriction. These Terms bind and inure to the benefit of each party and its successors and permitted assigns. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only. Any provision of these Terms that by its nature is reasonably intended to survive termination shall survive.
Notices. We may deliver notice to you by email, by posting a notice on the Services, or by any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received at: 24681 Northwestern Hwy, Southfield, MI 48075 or support@getgolt.com.
Contacting Us
If you have any questions about the Services, please contact us at support@getgolt.com.
