LAST UPDATED: April 4, 2019
This Agreement contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings.
Use of the Website
In addition to the above, the following requirements apply to your use of the Website: (a) you will not use the Website, or any electronic communication or other feature of the Website, for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, pornographic, culturally or ethically objectionable, threatening, or hateful, or that encourages any other person to engage in such activities; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights, and you hereby affirm, represent and warrant that any information, software or other materials you upload, post, reproduce or distribute does not and will not infringe any proprietary or intellectual property right of another person; (c) you will not use, collect or store personal data about other users; (d) you will not use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided; (e) you will not upload, post, email, or otherwise transmit interactive features intended for the general public any item that is unfit for publication, including advertising or promotional materials, or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Some areas of the Website may require you to be or become a registered user of the Website. When and if you register to become a registered user, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and maintain and update such information. You represent and warrant that any information you provide in connection with your use of the Website is and shall remain true, accurate, and complete, and that you shall maintain and update such information regularly. You agree that if any information you provide is at any time false, inaccurate, obsolete or incomplete, we may terminate your use of the Website. We may refuse to grant you a user ID, if in our discretion, it belongs to or is being used by another person, violates the intellectual property or other rights of any person, or is offensive. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You are solely responsible for all activities that occur using your account, user ID and password.
Links to other Websites
For your convenience, GLP may provide links to websites belonging to other companies. GLP has not reviewed all of the sites that may be linked to the Website and is not responsible for the content or privacy policies of any third party sites. GLP does not endorse or otherwise recommend any third party sites or the products or services offered. Your use, access or viewing of all other websites, and any information or materials you may access via such websites, is at your own risk and subject to any additional terms and policies applicable to such websites. Links to the Website are or could be operated by third parties other than GLP. You acknowledge that certain information may be transmitted to said third parties and authorizes said third parties to use such information in the manner reasonably necessary to provide services to GLP or for GLP business purposes. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present on those websites.
GLP’s Copyright and Trademarks
The Website may contain areas with interactive features that may allow you and other users to post materials and information, including suggestions, feedback, ideas, inventions, designs, know-how, concepts, techniques, which together with any other communications you transmit or post to this Website or provide or make available to GLP by any means, including, without limitation, through electronic mail (collectively, “Communications”) will be considered non-confidential and non-proprietary. GLP does not accept ideas, concepts, or techniques for new services or products through the Website. GLP will have no obligations with respect to any Communications.
You acknowledge you are responsible for whatever Communications you submit and you, not GLP, have full responsibility for the content of such Communications, including its legality, reliability, appropriateness, originality and copyright. GLP may, but is not obligated to, review and monitor Communications before or after they are submitted. GLP and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without acknowledgement, attribution or compensation to you or any other person sending the Communications. By submitting a Communication, you hereby authorize and grant to GLP a worldwide, perpetual, irrevocable, non-exclusive, transferable, fully sub-licensable (through multiple tiers), assignable, royalty-free right and license to use, commercialize, reproduce, publish, modify and create derivative works of, distribute, perform and display (publicly or otherwise), and otherwise exploit the Communications, in whole or in part, anywhere in perpetuity in any and all media, including all print, digital and other communication forms that may exist now or in the future, whether alone or together or as part of any material of any kind or nature, without any attribution or compensation to you, even if we terminate your access to the Website. Without limiting any of the foregoing, in connection with the foregoing license, GLP will have the right to use, copy, display and perform (publicly or otherwise), distribute, modify and create derivative works of, re-format, and otherwise exploit the Communications in any manner that GLP may determine. By submitting Communications, you represent and warrant to GLP that you have all necessary rights in and to all Communications you provide and all information they contain and that such Communications do not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. GLP will not be responsible or liable for the accuracy, completeness, quality or validity of Communications posted by you or by third parties, and you irrevocably waive, and cause to be waived, against GLP and its users any claims and assertions of moral rights or attribution with respect to your Communications.
GLP and its licensees may publicly display advertisements and other information near or with your Communications. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you. You are prohibited from posting or transmitting to or from this Website any unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, pornographic, culturally or ethically objectionable, threatening or hateful materials, or other material that would violate any law.
The Website may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of GLP. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of management. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, GLP undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that material posted on the Website infringes your copyright, you may submit a notice to us requesting that the material be removed. Similarly, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to GLP a counter-notice. Such notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA – see http://www.copyright.gov/ for details.
Such DMCA notices pursuant to this section should be sent to:
By Mail: GLP US Management, LLC, 100 Wilshire Boulevard, Suite 1760, Santa Monica, California 90401, Attention: General Counsel.
By E-mail: email@example.com
Our agent’s phone number is: (312) 940-5324.
Any dispute arising out of your use of this Website or material from this Website shall be resolved according to the laws of the State of Illinois, United States of America, without giving effect to that state’s principles of conflicts of laws.
GLP may, in its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. GLP, in its sole discretion, may terminate your access to the Website at any time and for any or no reason. You or any third party shall have no recourse and GLP shall have no liability as a result of any such termination.
Disclaimer of Warranty and Limitation of Liability
All information and Content included on the Website, and the Website itself, are provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. GLP strives to provide accurate and up-to-date material on the Website. However, GLP makes no warranties or representations as to the accuracy or timeliness of the material provided through the Website. GLP assumes no liability or responsibility for any errors or omissions on the Website.
Your use of the Website and material from the Website is at your own risk, and GLP assumes no responsibility for any information or other Content or Communications posted on the Website. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
GLP makes no warranties or representations that (a) the Website will meet you requirements, (b) the Website will be error-free, or that your access will be secure or uninterrupted, or (c) the results that may be obtained from the use of the Website (including any Content) will be correct, complete, accurate, reliable, or otherwise meet your requirements, and GLP assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Website or any Content, Communications or other materials provided on the Website. GLP assumes no liability or responsibility for any errors or omissions on the Website.
NEITHER GLP, ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF GLP, ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). WITHOUT LIMITING THE FOREGOING, THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND GLP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (INCLUDING ALL OF THE FOREGOING).
the maximum aggregate liability of Glp for all damages, losses and causes of action, whether in contract, tort (including negligence) or otHErwise, shall be one hundred U.S. dollars ($100).
If you live in a country or state that does not allow any of the foregoing exclusions, limitations of liability, or any of the disclaimers of warranties, such exclusions or limitations will not apply to you solely to the extent such exclusions or limitations are not allowed by applicable law. In such case, such exclusions and limitations shall apply to the greatest extent permitted by applicable law.
If you have a dispute with one or more other users of the Website, you hereby release the Released Parties from any and all claims, demands and damages (direct, consequential or otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA resident, you waive California civil code section 1542 which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Website © 2019 GLP US Management, LLC unless otherwise noted. All rights reserved.