Any user who chooses to register with us (each, a “Registered User”) and wishes to purchase a product or service through our Website is agreeing to the terms of this Agreement and any other posted terms and conditions that relate to any product or service.
1) Description and Use of Our Website
We provide Registered Users and Visitors with access to the Website as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) contact us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase services and products through the Website; (ii) access exclusive content available only to Registered Users; (iii) access, create, access, and update their own personal accounts on the Website; (iv) may post reviews or comments and other content on the Website (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for promotional or administrative emails, alerts and other notifications; and (vii) become part of GLTR community.
GLTR is under no obligation to accept any individual as a Registered User and may accept or reject any registration by any user in its sole and complete discretion at any time without notice. In addition, (i) GLTR may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated any terms, polices, or conditions and (ii) GLTR may cancel, deny, and/or refund any orders placed by any user at any time including, without limitation, if it determines that a Registered User has violated any terms, polices, or conditions.
2) Community Guidelines
GLTR’s community, like any other community, functions best when its users follow a few simple rules. By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful reason or purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
-- infringes any trademark, copyright, right of publicity, or other proprietary rights of any person or entity; or
-- is libelous, defamatory, obscene, indecent, pornographic, sexually explicit, invasive of another’s privacy, promotes any violence, or contains hate speech (i.e., speech that attacks or demeans any group based on race or ethnic origin, religion, gender, age, disability, veteran status, and/or sexual orientation/gender identity; or
-- discloses any sensitive information about another person, including personally identifiable information including any person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not threaten, “stalk," or otherwise harass any person;
- You will not access or use the Website to collect any market research for a competing business;
- You will not impersonate any entity or person or falsely state or otherwise misrepresent your affiliation with a entity or person;
- You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any device, virus, information collection or mechanism transmission, routine or software, or access or attempt to gain access to any files, data, or passwords related to the Website through password or data mining, hacking, or any other means;
- You will not obsure, cover, block, or in any way interfere with any safety features (e.g., report abuse button) and/or advertisements on the Website;
- You will not use any spiders, robots, scrapers, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not archives or caches of such materials;
- You will not take any action that imposes or could impose (in our sole discretion) an unreasonable or disproportionately large load on our Platform or technical infrastructure; and
- You will promptly let us know about any inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we will review it.
We reserve the right, in our absolute and sole discretion, to deny you access to the Website, or any portion of the Platform, and to remove any content that does not adhere to these Community Guidelines without notice.
3) Fees and Payment
As consideration for any purchase you make on the Website, you shall pay GLTR any applicable taxes and fees. We (or any of our third-party payment processors) shall authorize your bank, credit card, or other approved payment facility you provided during the registration process for the entire payment of the applicable taxes and fees, and you hereby consent to the same. If the mailing address you provide us is in the United States, all payments will be made and charged in U.S. dollars. If the mailing address you provided us is outside the United States or any of its territories or possessions, all payments will be processed and charged in your local currency.
You must provide accurate, complete, and current credit card and billing information. You must promptly update all billing information (such as card number, billing address, and expiration date) to keep your account current, accurate, and complete, and you must immediately contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize GLTR to determine or obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires.We reserve the right to charge any renewal card issued to you to the same extent as the expired card.You hereby agree to pay all amounts due upon demand if payment is not received from your credit card issuer. You agree to pay all costs of collection, including costs and attorney’s fees, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or any related charges, which you will be responsible to pay. You are advised to check with your credit card issuer and bank for details.
Our policies regarding refunds, returns, shipping, and international orders can be found on the Website and are hereby incorporated by reference.
4) Intellectual Property
The Platform contains material, such as text, software, images, graphics, designs, sound recordings, audiovisual works, and other material provided by or on behalf of GLTR (collectively referred to as the “Content”). The Content may be owned by us or may be owned by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate trademark, copyright, and other laws. You have no rights in or to the Content, and you agree you will not use the Content except as authorized under this Agreement. No other use is authorized without prior written consent from us. You must retain all copyright and any proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, sell, license, sublicense, assign, or modify the Content or reproduce, publicly perform, display, distribute, make a derivative version of, or otherwise use the Content in any way for any commercial or public purpose. The posting or use of the Content on any other website or in a networked computer environment for any purpose is explicitly prohibited.
If you violate any part of these Terms or Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies or duplications you have made of the Content.
The trademarks, service marks, and logos of GLTR (the “GLTR Trademarks”) used and displayed on the Platform are either registered and unregistered trademarks or service marks of GLTR. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with GLTR Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to and/or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of GLTR Trademarks inures to our benefit.
Elements of the Website are protected by trademark, trade dress, unfair competition, and other state and federal laws, and may not be imitated or copied in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5) Communications With Us
Although we encourage you to contact or e-mail us, we do not want you to, and you should not, e-mail us any content that may contain confidential information. With respect to all communications and e-mails and communications you send to us, including, but not limited to, questions, feedback, comments, suggestions, and the like, we shall be free to use any concepts, ideas, designs, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the production, development, and marketing of services and products that incorporate such information without attribution or compensation to you.
6) No Warranties; Limitation of Liability
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS AVAILABLE" and "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, PLATFORM, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR DESTRUCTIVE FEATURES OR SIMILAR CONTAMINATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY INTERRUPTIONS OR DELAYS OF THE PLATFORM FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE WEBSITE, ITS CONTENT, AND THE PLATFORM AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, DEALING, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES, OR LOST PROFITS RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO ANY CLAIM.
IF YOUR USE OF THE WEBSITE, PLATFORM, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.
THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES, OMISSIONS OR TYPOGRAPHICAL ERRORS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TECHNICAL TYPOGRAPHICAL, OR PRICING ERRORS LISTED ON THE PLATFORM. THE PLATFORM MAY CONTAIN INFORMATION ON CERTAIN SERVICES AND PRODUCTS, NOT ALL OF WHICH MAY BE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE OR PRODUCT ON THE WEBSITES DOES NOT IMPLY THAT SUCH SERVICE OR PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CORRECTIONS, CHANGES, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
7) External Sites
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience and not as an endorsement by us of the content on such External Sites. The content of such External Sites is provided and developed by others. You should contact the webmaster or site administrator for those External Sites if you have any concerns regarding such content or any links located on such External Sites. We are not responsible for the content within any linked External Sites and do not make any representations whatsoever regarding the accuracy or content of materials on such External Sites. You should take precautions when downloading files from any websites to protect your computer destructive programs and other viruses that could cause potential harm. If you decide to access linked External Sites, you do so at your own risk.
You agree to indemnify, defend, and hold us and our directors, officers, employees, successors, licensees, and assignees harmless from and against any actions, claims, or demands, including, without limitation, reasonable accounting and legal fees, resulting or arising from your breach of this Agreement or your access to, use, or misuse of the Content or the Website. We shall provide notice to you of any such proceeding, claim, or suit, and shall assist you, at your expense, in defending any such proceeding, claim, or suit. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section at your expense. In such case, you agree to cooperate with any reasonable requests assisting our defense of any such matter.
9) Compliance with Applicable Laws
The Website is based in the United States. We make no claims concerning whether the Content may be viewed, downloaded, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether outside or inside or inside of the United States, you are solely responsible for ensuring compliance with any laws of your specific jurisdiction.
10) Termination of the Agreement
We reserve the right, in our sole discretion, to suspend, restrict, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to suspend, change, or discontinue all or any part of the Website at any time without prior notice or liability.
11) Controlling Law
This Agreement and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions.
12) Binding Arbitration
In the event of a dispute relating to or arising under this Agreement, the Content, the Platform, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate shall be final and binding on the other party, at any time. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED WITH ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court within Phoenix, Arizona may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted through the submission of documents, in person, by phone, or online. If conducted in person, the arbitration shall take place in Phoenix, Arizona. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, vacate, modify, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
12) Class Action Waiver
You agree that any proceeding or arbitration shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be resolved or arbitrated on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR REPRESENTATIVE PROCEEDING OR CLASS MEMBER IN ANY PURPORTED CLASS.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION RELATED TO THE WEBSITE OR ARISING OUT OF THE WEBSITE, THE PLATFORM, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Fees and Payment" (until you pay all fees and taxes due hereunder), "Registered User Content; Licenses," "Intellectual Property," "Communications with Us," "No Warranties; Limitation of Liability," "Indemnification," "Termination of the Agreement," "Controlling Law," "Binding Arbitration," "Class Action Waiver," and "Miscellaneous."
Our failure to enforce or act on any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our assignees, successors, licensees, and sublicensees.
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