Effective Date: October 1st, 2011
1. Acceptance of Agreement.
We require visitors to the Site who wish to engage in certain transactions, such as making a purchase, requesting a call back from a sales person or signing up to receive one of our e-mail newsletters to register for the Site. The registration process requires the submission of your name, telephone number and e-mail address and also requires registrants to establish a subscriber name and password. You may log in to the Site, engage in certain transactions or modify your information only through your own subscriber name and password. By registering, you certify that the information you provide in the registration (including without limitation, the e-mail address) is accurate and belongs to you. If that is not true, we have the option of terminating or suspending your access to the Site. You agree to register only if you are 13 years of age or older.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your subscriber name and password. You should notify us promptly if you identify an unauthorized use or a security breach related to your password.
4. Intellectual Property Rights.
Our License to You. The materials provided within the Site including but not limited to information, documents, articles, images, trademarks, trade names, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (Glasdon Content) are provided either by Glasdon or by selected third parties and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. Glasdon grants you a non-exclusive, revocable, limited license to view and use the Site and the Glasdon Content.
Your License to Us. By submitting material to us, you represent you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any areas of the Site or within the Services, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. You also agree that we may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Linking to or framing the Site or any content or pages within the Site is not permitted. Establishing such links or engaging in framing is a violation of this Agreement and if you do so, Glasdon may suspend or terminate your access to the Site and pursue any other remedies available at law, in equity or under this Agreement.
6. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
7. Third Party Content and Services.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
8. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Further, while using the Site, you may not:
- restrict or inhibit any other user from using or viewing the Site;
- republish or distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or create any derivative works with respect thereto, without prior written consent by Glasdon;
- disassemble, decode, decompile or otherwise reverse engineer the Site or any interfaces or software programs comprising the same;
- use any data mining, robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
- take any action that would impede or interfere with the operation of the Site or materially alter the contents of the Site;
- transmit to the Site any virus, Trojan horse, worm, or other harmful component;
- upload, post, e-mail or transmit any content that is unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
- impersonate any person or entity, attempt to hide the origin of any content you submit to the Site or falsely state or otherwise misrepresent your affiliation with another entity;
- upload, post, email or transmit any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- collect or store personal data about other visitors; or
- Circumvent, disable or otherwise interfere with security-related features of the Site.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GLASDON DISCLAIMS ON BEHALF OF ITSELF AS WELL AS THE AFFILIATED PARTIES, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Limitation of Liability.
IN NO EVENT SHALL GLASDON OR THE AFFILIATED PARTIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE OR THE GLASDON CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT THE LIABILITY OF GLASDON AND THE AFFILIATED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE OR THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED $100.00.
12. Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
13. Copyrights and Copyright Agents.
Notice and Takedown Request
Glasdon respects others intellectual property rights; however, the Site and the services contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to Glasdons Copyright Agent at firstname.lastname@example.org (via electronic mail) or Glasdon Copyright Agent, c/o LeClair Ryan, P.C., Riverfront Plaza East Tower, 951 East Byrd St., 8th Floor, Richmond, VA 23219, ATTN: Dwight Hopewell (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owners behalf.
If you believe that any content that you previously submitted to the Site that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to Glasdons Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Glasdons Copyright Agent, Glasdon may send a copy of the counter-notice to the original complaining party informing that person that Glasdon may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Glasdons sole discretion.
14. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Glasdon Content provided therein.