Terms of Use

TERMS OF USE

 

LAST UPDATED:  April 4, 2019

Welcome to the website (the “Website”) of GLP US Management, LLC and its affiliates and subsidiaries (collectively, “GLP”, “we”, “us”, or “our”). Please read these terms of use (“Terms of Use”), which govern your access to and use of this Website, carefully before using the Website.  By using the Website, you and the entity you are authorized to represent agree to all of the terms and conditions outlined herein. If you do not agree with these Terms of Use, or if you are unwilling or unable to be bound by them, please do not use the Website.

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

We grant you permission to use the Website subject to the restrictions in these Terms of Use. By using the Website, you and the entity you represent hereby agree: (a) to be legally bound by the Terms of Use, all terms or conditions contained or referenced herein, and any additional terms and conditions set forth on the Website; (b) that you are 18 years or older and have the requisite power and authority to enter into these Terms of Use and, if you are an individual accessing or using the Website on behalf of, or for the benefit of, any corporation or other entity, then you are agreeing to the Terms of Use on behalf of yourself and such organization, and you represent and warrant that you have legal authority to bind such organization to the Terms of Use; (c) to accurately furnish all contact and other information requested by GLP and to promptly notify GLP of any change in the information; (d) to not use the Website in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (e) to not use the Website in any manner unintended by GLP; (f) to not use the Website in any manner that could harm GLP (including its affiliates), its service providers, customers, or any other person; and (g) to comply with any other reasonable requirements or restrictions requested or imposed by GLP.

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.

In the event that you use, or are suspected of using, the Website in a manner inconsistent with any federal or state laws, statutes or ordinances, in addition to the discontinuance of your permission to use the Website, GLP shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.  GLP will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms of Use and may disclose your information to such law enforcement officials and/or agencies if required by law.

We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

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

As between you and GLP, the Website and all content included on the Website, such as any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (collectively, “Content”), is the exclusive property of GLP , and GLP shall own and retain all right, title and interest (including all United States and international copyright, trademark or other intellectual property rights) in and to such Content. Subject to your continued compliance with these Terms of Use, the Content and other materials posted on the Website by GLP may be retrieved solely for your own personal use or in connection with any business relationship between yourself and GLP and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software without the express prior written permission of GLP. You shall, at any time upon GLP’s request, return or destroy (in GLP’s discretion) such Content promptly upon receipt of any such request from GLP.  Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of GLP. GLP reserves all rights with respect to copyright, trademark and other intellectual property ownership of the GLP name, logo and variations of the same, and all Content and other materials on the Website, and will enforce such rights to the full extent of the law. All copyright and other propriety notices shall be retained on all reproductions of the Content.

Updates to Terms of Use

GLP reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, with or without notice, at any time by posting revised Terms of Use on the Website, and we will note near the top of this page the date that any changes are made. Changes in these Terms of Use will be effective when such change is posted. You are responsible for remaining knowledgeable as to any changes that GLP may make to these Terms of Use.  Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. GLP may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. GLP may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. GLP may terminate the authorization, rights and license given herein at any time.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Website and is incorporated by reference in its entirety in these Terms of Use. Your information and data (including personal information) from the Website may be collected, used, disclosed and shared in accordance with the Privacy Policy and U.S. laws, rules and regulations.  You consent to the Privacy Policy, and this collection, use, disclosure and sharing, including by GLP, as soon as you begin using the Website.

Your Communications

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.

Forward-Looking Statements

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.

Copyright Infringement

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: kkohn@glprop.com

Our agent’s phone number is: (312) 940-5324.

The preceding information is provided exclusively for notifying GLP that your copyrighted material may have been infringed or for issuing counter-notices to other allegations of copyright infringement.  All other inquiries will not receive a response through this process.  For all other inquiries, including if you see something on the Website that you believe violates these Terms of Use, including any Communications that are objectionable or improper, you may (and are encouraged) to report it to us by contacting us via the “Contact Us” section below. Reporting a piece of content does not guarantee that it will be removed from the Website.

Applicable Law

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.

Dispute Resolution

Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and GLP (INCLUDING ITS AFFILIATES), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLP and you are each waiving the right to trial by a jury. such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms of Use. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Chicago, Illinois. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Termination

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.

Notwithstanding anything to the contrary above, in the event of any termination of this Website, these Terms of Use or your access to the Website, all provisions of these Terms of Use relating to license rights, warranties and disclaimers, confidentiality or privacy obligations, proprietary rights, limitation of liability and indemnification obligations shall continue in full force and effect, including GLP’s right to use any Communications.

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).

Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The disclaimers and limitations of liability set forth in these Terms of Use (a) will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of GLP has been advised of or should have knowledge of the possibility of such damages and (b) are made for the benefit of both GLP and its shareholders, directors, officers, employees, partners, brand licensees, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns.

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.

Indemnity

You hereby release, discharge and agree to indemnify, defend, and hold GLP (including its affiliates), its partners and suppliers, and its and their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns (collectively “Released Parties”) harmless from and against any and all liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs), arising out of or in connection with any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Website; (ii) your violation of the Terms of Use; (iii) any use of your Communications by GLP; (iv) any unauthorized use of your Communications by third parties once the Communication has been publicly disseminated; and/or (v) the infringement by you of any proprietary, intellectual property or other right of any person or entity.  GLP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of GLP. GLP will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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.

Miscellaneous

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and GLP. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use, including any terms and conditions incorporated herein, is the entire agreement between you and GLP relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and GLP relating to such subject matter. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Web Site or by e-mail (including in each case via links) or regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. GLP will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Contact Us

Any questions regarding these Terms of Use should be directed to our Contact Us page.

 

Website © 2019 GLP US Management, LLC unless otherwise noted.  All rights reserved.