Terms and Conditions

Terms of Use

Effective Date of these Terms of Use: 31 October, 2024

Terms of Use

Welcome to Goldswarm. The website Goldswarm.com and all its subdomains (collectively, the “Site(s)”) are operated by Apapa, LLC (“Goldswarm,” “we,” or “us”). These terms of use, together with any documents they expressly incorporate by reference (collectively “Terms of Use”) outline the terms and conditions under which you may use our Sites, including any content, functionality, and services offered on or through the Sites.

The Sites are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

Any rules or guidelines affecting your use of the Sites that are found on other pages of our Sites, including our Privacy Policy, are incorporated by reference into these Terms of Use. By accessing or using our Sites, you agree to comply with these Terms of Use. If you do not agree with these Terms of Use, you must not use or access our Sites.

Description of Service

Our Sites offer details about Goldswarm's products, enable users to purchase these products, and facilitate various interactions with Goldswarm through newsletters, blogs, social media, and other channels. The Sites may feature text, images, videos, audio clips, and other content (collectively referred to as “Content”). Any new content, services, or features introduced to the Sites in the future will also be governed by these Terms of Use.

Purchases

While we strive to keep you informed with the latest details on available products, availability can change at any time without notice to you. Goldswarm does not guarantee the availability of any product. If there is a technical or clerical error in the listed availability of a product, Goldswarm reserves the right to cancel your order and issue a refund or replacement (even after your purchase is confirmed). By making a purchase, you agree to do so in good faith and not based on speculation or fraud. Some of our products may be advertised as "permanent" because they are popular with customers, and we aim to keep them in our product line. However, we reserve the right to discontinue or suspend sales of these and any of our products at our discretion and without notice to you.

 

Subscription Program

We may provide our customers with the option to subscribe for regular deliveries of selected Goldswarm products. You can choose the timing of deliveries and the flavors. Subscribers may receive special pricing. The Subscription Program features automatic billing to your selected payment method at your chosen installment cycle until you cancel.

If any Goldswarm products in your subscription are discontinued, we will notify you and offer alternatives. If your selected size of subscribed Goldswarm products is unavailable, Goldswarm may substitute with available sizes at its discretion. Goldswarm reserves the right to discontinue or modify the Subscription Program terms at any time.

To cancel your subscription, you can do so by contacting Customer Service via email at support@goldswarm.com.

Registration On Our Sites

Certain features of our Sites, such as making a purchase, may require you to disclose personal information like your name, email address, credit card number, and other details. You may also choose to register on our Sites to receive information, subscribe to email lists, or participate in promotions.

By registering on our Sites, you agree to provide accurate and truthful information as required by the registration form. You also agree to create only one account on the Site. We reserve the right to suspend or terminate your use of our Sites if we find (in our sole discretion) that you have violated these Terms of Use, for any other reason, or for no reason. You are responsible for keeping your account details (including your password) confidential, and for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage resulting from your failure to protect the confidentiality of your account information.

Additional Policies and Agreements

Our Privacy Policy outlines the data we gather when you and others visit our Sites, how we utilize that information, and the measures we take to safeguard your privacy. The Privacy Policy is incorporated into these Terms of Use. By accepting these Terms of Use, you also agree to our use of your personal information as described in the Privacy Policy.

When you purchase products on our Sites, additional terms and conditions apply, including our policies on product returns or exchanges. Please review our Return Policy for information regarding returns. 

Purchase Terms

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. YOU FURTHER AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order.  Unless we accept an order,  we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with details of your order.

All prices, discounts, and promotions posted on the Sites are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

From time to time, we may offer promotions on the Sites that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Shop Pay, American Express, Visa, Master Card, Discover, Diners Club, Apply Pay, Google Pay, and Meta Pay for all purchases. 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 purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order. 

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.]

Modifications and Interruption to the Sites

We reserve the right to change or discontinue any part of our Sites, and any service or material we provide on such Sites, at any time, with or without prior notice. From time to time, we may restrict user access, including registered user access, to the Sites. We will not be responsible for any consequences if we choose to exercise this right. You recognize and accept that we cannot guarantee continuous, uninterrupted, or secure access to our Sites, nor can we ensure that our Sites will operate without interruptions or errors. You understand that various factors or circumstances beyond our control may interfere with or negatively impact your use of our Sites.

Third-Party Sites and Third-Party Content

Certain sections of the Sites and our payment processing functions may be managed by third-party service providers on behalf of Goldswarm. These sections may be governed by the terms of use, privacy policies, and/or similar terms of the respective third parties. Goldswarm is not responsible for the operations of these third-party services or websites. Please review any applicable terms and conditions when accessing areas operated by third parties.

Our Sites may contain links to external websites owned and operated by third parties. You acknowledge that we are not responsible for the availability or content of these external sites. Your use of such third-party sites is subject to their own terms of use and privacy policies, which we recommend you review.

Some of the Content, services, and features on our Sites, including but not limited to social media Content, may be supplied by or obtained from third parties. We do not make any representations or warranties regarding the accuracy or reliability of any third-party Content or features on our Sites, or regarding any products or services offered by third parties. You acknowledge that relying on any representations or warranties made by parties other than Goldswarm is at your own risk. You expressly agree to hold Goldswarm harmless for any claims or damages arising from any Content, product, or service provided by any third party.

Your Representations

By accessing and using the Sites, you confirm that you are of legal age to enter into a binding contract and that no laws of the United States or any other country prohibit you from accessing the Sites and its Content.

If you purchase any products or services through the Sites, you represent and warrant that you are buying products or services from the Sites for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

You own or control all rights in and to any User Content and have the right to grant the license granted to us and our licensees, successors, and assigns herein. All of your User Content does and will comply with these Terms of Use.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GOLDSWARM, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “GOLDSWARM PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GOLDSWARM PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES.

UNDER NO CIRCUMSTANCES WILL ANY OF THE GOLDSWARM PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY GOLDSWARM PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE GOLDSWARM PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITES:

THE SITES OFFER HEALTH, WELLNESS, AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS OF USE, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Indemnification

You agree to indemnify and hold harmless the Goldswarm Parties from any claims or demands, including reasonable attorney’s fees and costs, made by any third party as a result of or arising from your use of the Sites and/or any of the products or services provided therein, including but not limited to your actual or alleged breach of these Terms of Use.

User-Submitted Content

Any content that is uploaded, posted, submitted, or otherwise made available on our Sites or to Goldswarm, including but not limited to social media posts displayed on our Sites or referencing our social media accounts, or any other content not created by a Goldswarm Party (“User Content”), is the sole responsibility of the person who provided such User Content. Under no circumstances will any Goldswarm Party be liable for any User Content made available through our Sites or in connection with our social media accounts. We may not review all User Content on our Sites and therefore do not guarantee the truthfulness, integrity, suitability, or quality of any User Content.

All User Content must comply with the standards and terms set out in these Terms of Use. Any User Content you post to the Sites will be considered non-confidential and non-proprietary. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Goldswarm, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites.

User Conduct

You agree not to use our Sites to transmit or make available any User Content that:

  • Violates any laws (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), contains threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, or contains disparaging statements or opinions, or is otherwise objectionable;
  • Is for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • Infringes any intellectual property rights or other rights of any party;
  • Violates any person’s rights of privacy or publicity;
  • You know or have reason to know is false, misleading, or fraudulent;
  • You do not have the right to make available under any law or under contractual or fiduciary relationships;
  • Employs techniques to disguise the origin of the User Content submitted;
  • Contains unsolicited or unauthorized advertising or promotional materials;
  • Incorporates software viruses, malware, worms, or any other computer code, file(s), or program(s) intended to interrupt, destroy, or impair the operability of any software or hardware or telecommunications equipment;
  • Contains links to any websites with content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners, or other objectionable or illegal purposes.

You also agree not to use our Sites to:

  • Engage in any conduct which might be harmful to any third-party;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Violate the any of these Terms of Use, or other policies.

Additionally, you are prohibited from interfering with, manipulating, obstructing, or otherwise acting in a manner that would, directly or indirectly, disrupt our Sites, servers, or networks connected to them. We reserve the right to pre-screen, edit, refuse, move, or remove any User Content that is posted on our Sites or to prohibit your access to our Sites in the event of a violation of these Terms of Use (as determined by us in our sole discretion), or for any other reason.

Monitoring and Enforcement

We have the right, without limitation, and at our sole discretion, to:

  • Remove or refuse to post any User Content for any or no reason.
  • Take any action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE GOLDSWARM PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE GOLDSWARM PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOLDSWARM PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Ownership of User Content

You acknowledge and agree that User Content on the Sites may be protected under copyright and other applicable intellectual property law.  You agree to comply with all copyright and trademark notices, information, and/or restrictions contained in the User Content, and agree not to display, copy, adapt, modify, prepare derivative works of, reproduce, translate, publish, transmit, broadcast, distribute, sell, license, perform, download, or otherwise use for any purpose any User Content without the owner’s express consent.

We do not claim ownership of original works created and posted by visitors to our Sites.  However, to the extent any User Content created by you is protected by copyright and/or other applicable intellectual property law, by uploading, posting, publishing, transmitting, distributing, or otherwise making any User Content available on or through our Sites or social media, you grant Goldswarm and our affiliates an irrevocable, perpetual, nonexclusive, royalty-free worldwide license to display, copy, adapt, modify, prepare derivative works of, reproduce, translate, publish, transmit, broadcast, distribute, sell, license, perform, download, or otherwise use for any purpose such User Content in any medium or format, without any requirement of notice, attribution, or compensation to you.

User Feedback

All communications, feedback, questions, comments, suggestions, proposed features or products, and similar submissions (collectively “Feedback”) will be treated as non-confidential and non-proprietary with respect to you, although we may choose to treat such Feedback as confidential information of Goldswarm. By providing Feedback to Goldswarm, you grant us a free, perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise utilize any intellectual property rights, information, or ideas contained in such Feedback, including the right to sublicense or assign these rights. We have the right to use any Feedback you provide, along with any ideas, concepts, know-how, or techniques included in it, for any purpose, including but not limited to developing and marketing products and services, without restriction and without any obligation to notify or compensate you. Please refrain from sending us any information or materials if you do not wish to grant us these rights, including any confidential or proprietary information or original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for ensuring the truthfulness and accuracy of the information and other content contained in any Feedback you submit to us.

Copyright and Trademark Information

All Content (excluding User Content), copyrights, and other intellectual property rights on our Sites, including but not limited to website design, text, graphics, interfaces, and their selection and arrangement, are owned by Goldswarm.  Goldswarm reserves all rights in and to the Content, and may license the same to a third-party at Goldswarm’s sole discretion. You acknowledge and agree that this Content is protected under copyright and other applicable intellectual property law, including, but not limited to, federal copyright law, whether registered or unregistered. All trademarks displayed on the Site belong to their respective owners and do not constitute an endorsement or recommendation of those parties. Furthermore, the use of trademarks or links to third-party websites is not intended to imply that those third parties endorse or are affiliated with Goldswarm, either directly or indirectly.

Notification of Claimed Copyright Infringement

If you come across Content on our Sites that you believe infringes on your copyright or other intellectual property rights, please submit a notice of infringement to our agent via email at ip@goldswarm.com or by mail using the contact information below:

“Attn. Copyright Agent”
Apapa, LLC,
Delaware Corporation Trust Centre,
1209 Orange Street,
Wilmington, DE 19801
(754) 268-6600

Please be aware that a notice of infringement sent by regular mail will take longer for the agent to receive and review the notice.

To be effective under Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA), a notice of infringement must be in writing and contain the following information:

  1. Information reasonably sufficient to contact you, including your name, phone number, and email address, and if you are acting on behalf of the intellectual property owner, the name of the owner;
  2. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. If your claim involves a registered work, provide the registration number and the date of registration;
  4. A description of the infringing material and the URL where the material is located on our Sites, or any other information reasonably sufficient to permit the agent to locate the material;
  5. A statement that the information contained in the infringement notice is accurate, and under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  6. A statement that you believe, in good faith, that the use of the work on our Sites is not authorized by the owner, their agent, or by law; and
  7. The signature of the copyright owner or authorized agent.

You will receive an email confirmation (which will be sent to the address provided in the notice) once your notice has been received.  After your notice has been reviewed and processed, the agent will notify you of the remedial action that we have taken and/or any next steps and/or further information that we require to process your notice.

In accordance with the DMCA, Goldswarm has a policy to terminate the accounts of repeat infringers under appropriate circumstances.  For purposes of this policy, a “repeat infringer” is any user who repeatedly fails to adhere to these Terms of Use or otherwise violates intellectual property laws using the Sites by repeatedly submitting User Content that infringes the rights of another party.

To the extent an infringement notice is incomplete and/or which does not contain sufficient information for our agent to review your infringement notice, our agent may contact you using the information provided to obtain further information.

The intellectual property owner or authorized agent who previously submitted an infringement notice may withdraw the infringement notice at any time by contacting the agent using the details above.  A withdrawal request must contain sufficient information to identify the report submitted, including the information of the complaining party, the intellectual property right previously claimed to have been infringed, and the cited material that was the subject of the infringement notice.

We may reject infringement notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith.  We also reserve the right to take action against abusers of this policy and applicable law.

Other Content Complaints

If you believe that any Content on our Sites violates these Terms of Use or is otherwise inappropriate, please report it by sending an email to support@goldswarm.com.

Mobile Devices

Versions of our Content or Sites may be available for use on mobile devices. By accessing our Sites or Content on mobile devices, you acknowledge that your mobile carrier’s standard charges will apply.

Arbitration

Any disputes arising out of or related to these Terms of Use or to your use of our Sites or any products, services, or information you receive through our Sites shall be resolved through confidential, binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The AAA will appoint one arbitrator with input from you and from Goldswarm. Any hearings will take place in the same county as your billing address, or might be held by phone or videoconference. The arbitrator’s decision will be final and binding, and may be entered as a judgment in any court with appropriate jurisdiction.

The arbitration will be conducted only on an individual basis. The arbitration cannot be part of a class or representative action and cannot be combined or consolidated with any other arbitration related to the same or similar subject matter. The AAA’s special Mass Arbitration Supplementary Rules will apply if 25 or more similar demands for arbitration are filed against or on behalf of the same party or related parties through the same or coordinated legal counsel, even if the demands are not filed simultaneously.

If a claim proceeds in court rather than through arbitration for any reason, both parties waive the right to a jury trial.

Class Action Waiver

You may only resolve disputes with us on an individual basis. This means you cannot bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and the consolidation of arbitrations are not permitted.

The arbitrator is not allowed to combine more than one person’s claims or preside over any form of class or representative proceedings or claims (such as a class action, consolidated action, or private attorney general action) unless all involved parties agree to it after the arbitration has begun.  The AAA’s Mass Arbitration Supplementary Rules will apply to any group of cases defined as a mass arbitration under those rules.

Governing Laws

The laws of the state of Delaware and the United States govern these Terms of Use and any claims arising out of or relating to the use of the Sites, without considering any choice of law rules. We do not represent that our Sites are appropriate, legal, or available for use outside of the United States.

Compliance with Laws

You are responsible for knowing and complying with all applicable laws. You may not use the Sites in any manner that violates state, federal, or international laws, regulations, or other government requirements.

Changes to These Terms

We reserve the right to modify, alter, or update these Terms of Use at any time without prior notice. You are encouraged to check this page regularly for changes. Modifications will become effective immediately upon being posted to our Sites. Your continued use of our Sites after such modifications are posted constitutes your acknowledgment and acceptance of these changes, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is found by a court to be unlawful, void, or unenforceable, the remaining provisions will remain in effect to the fullest extent possible, and the invalid provision will be modified to reflect the original intent as closely as possible. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Goldswarm, at our sole discretion, to a third party in the event of a merger, acquisition, or otherwise. These Terms of Use apply in addition to, and do not supersede, any other written agreement between us regarding your participation as a contributor to our Sites. You understand that these Terms of Use, together with any other applicable click-through agreements you have entered into regarding sharing social media content on the Sites or associated social media accounts, constitute the entire agreement between you and Goldswarm regarding your use of the Sites, superseding any prior agreements. Goldswarm’s failure to exercise its rights under these Terms of Use or to enforce them does not constitute a waiver of those rights. 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 Sites or these Terms of Use must be filed within one (1) year after the claim or cause of action arose or be forever barred.

Contact Information

If you have any questions or concerns about our Terms of Use, please contact us at:

  • Company Name: Apapa LLC
  • Address: Delaware Corporation Trust Centre, 1209 Orange Street, Wilmington, DE 19801
  • Email: support@goldswarm.com
  • Phone Number: 1-888-806-3151