Gladinet Terms Of Service
IMPORTANT, READ CAREFULLY:
The Gladinet product https://www.gladinet.com (the "product") is owned and operated by Gladinet, Inc, a Florida corporation, and is provided to you ("You") under the terms and conditions of these Gladinet Terms of Service ("Terms"), which include Gladinet's Privacy Policy and Registration Form that are available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "Continue" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
1. DESCRIPTION OF PRODUCT.
Gladinet software allows individuals to control most of your computer resources and brings your web applications to the desktop. The product is available to You at no charge during the Preview test period, as set forth more fully below.
2. REGISTRATION.
To use the Product, You must submit a complete Gladinet registration form, which is available at www.gladinet.com (the "Registration Form"), on Your behalf. Registration during the Preview test period is by invitation only. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Gladinet discovers that any of Your Registration Data is inaccurate, incomplete or not current, Gladinet may terminate Your right to access and receive the Product immediately upon notice. Gladinet will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Gladinet may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Gladinet, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Gladinet and will become a subscriber to Gladinet services.
3. SERVICES
(a) Feedback. Gladinet will ask users during the Preview period to provide certain information in exchange for the use of the Product. The information requested includes session feedback, survey participation and polling conducted on the www.gladinet.com site. You agree You will not (i) submit any Feedback not based on direct experience with the product nor (ii) attempt to manipulate the Feedback by posting Feedback more than once with respect to a particular experience or set of related experiences (except if such information is requested in more than one category), or (iii) by posting Feedback from an account other than the account Gladinet assigned to You.
(b) Fees. There are no fees for the Product offered to You during the Preview period. Gladinet reserves the right to institute new charges for access to or use of the Product at any time upon not less than thirty (30) days' notice to You. All changes will be posted at www.gladinet.com and such posting shall be considered sufficient notice to You. You are responsible for regularly reviewing pricing information so posted to obtain timely notice of such changes. Continued use of the Product or non-termination of the Product after changes are posted constitutes Your acceptance of the prices and/or charges as modified by the posted changes.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Distribution of the Product. Your right to use the Product during the Preview period is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, any downloadable plug-in or other materials or any information obtained by You without the express written consent of Gladinet, Inc.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Product. Gladinet does, however, reserve the right to take any action with respect to the Product that Gladinet deems necessary or appropriate in Gladinet's sole discretion if Gladinet believes You or Your transmissions or use of the Product may create liability for Gladinet. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere with or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product.
(c) Proprietary Rights. In accordance with Your authorized use of the Product, Gladinet grants You a limited license to use the software solely in connection with the Product offered by Gladinet. You acknowledge that the software downloaded in connection with the Product is proprietary to Gladinet, Inc. and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this software as expressly authorized by the Product and these Terms.
Further, Gladinet and the Gladinet logo, and other names, logos, icons and marks identifying Gladinet's products and services are trademarks of Gladinet and may not be used without the prior written permission of Gladinet. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of this software without expressly being authorized to do so by Gladinet. If You are not the purchaser of the software license from Gladinet, you are not authorized to install or otherwise use the software or services to host meetings. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the software. All rights not expressly granted in these Terms are reserved to Gladinet.
5. PRIVACY.
Gladinet's use of any personal information You provide to it is set out in Gladinet's current Privacy Policy.
6. MODIFICATIONS.
Gladinet may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.gladinet.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to Gladinet. You are responsible for regularly reviewing the https://www.gladinet.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Gladinet reserves the right to modify or discontinue the Product with or without notice to You. Gladinet shall not be liable to You or any third party should Gladinet exercise its right to modify or discontinue the Product.
7. PASSWORD AND SECURITY.
As part of the registration process, You will use Your email address and Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Gladinet of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
8. TERMINATION.
Gladinet may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) Gladinet is unable to verify or authenticate any information You provide to Gladinet; (c) such information is inaccurate; or (d) Gladinet decides, in its sole discretion, to discontinue offering the Product. Gladinet shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to Gladinet. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify Gladinet of termination. Upon termination of membership, Your right to use the Product immediately ceases.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. GLADINET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLADINET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES GLADINET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLADINET OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL GLADINET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF GLADINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GLADINET'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNITY.
You hereby agree, at Your expense, to indemnify, defend and hold Gladinet harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Gladinet arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
12. GENERAL TERMS.
These Terms are governed in all respects by the laws of the State of Florida as such laws are applied. Both parties submit to personal jurisdiction in Florida and further agree that any cause of action relating to these Terms shall be brought in a court in Palm Beach County, Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Gladinet's failure to act with respect to a breach by You does not waive Gladinet's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Gladinet shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Gladinet's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with a confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to betafeedback@gladinet.com for assistance.