Terms of Use

Effective Date: October 1st, 2011

This Terms of Use Agreement, along with our Privacy Policy, governs your use of the www.glasdon.com web site and your relationship with Glasdon, Inc. (Glasdon, we or us).  Please review the following terms carefully. If you do not agree to these terms, you should not use the www.glasdon.com web site.  The term you refers to the user of or visitor to the www.glasdon.com web site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement" or Terms of Use) with respect to the website located at www.glasdon.com or any successor URL (the "Site") and the services that we offer through the Site.  These Terms of Use constitute a binding contract between you and Glasdon and govern your use of the Site.  We may change the terms of these Terms of Use from time to time.  By continuing to use the Site after we post any such changes, you accept these Terms of Use as modified.

BY VISITING AND/OR USING THE SITE, YOU AGREE THAT YOUR VISIT TO AND/OR USE OF THE SITE AND ANY DISPUTE ARISING THEREFROM IS GOVERNED BY THESE TERMS OF USE AND OUR PRIVACY POLICY.

We reserve the right to deny access to the Site to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.

2. Privacy.

Please take a moment to review our Privacy Policy to understand how Glasdon collects, uses, discloses and protects your personal information.

3. Registration.

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.

You are providing your e-mail address for the purposes of receiving communications from us.  Please see our Privacy Policy for information on what types of communications you can opt out of receiving and the process for doing so.

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.

Ownership and Limitations.  All Glasdon Content is the exclusive property of Glasdon, its affiliates or its selected third party providers and is protected by copyright, trademark and other intellectual property laws, regulations and standards.  Except as expressly permitted herein, these materials may not be copied, reproduced, or distributed for commercial purposes, nor may these materials be modified, uploaded, downloaded or reposted, in whole or in part, to other websites.  You may not reproduce, modify, distribute or publicly display the Site or the Glasdon Content, in whole or in part, except as is expressly authorized by these Terms of Use.  If you would like to make copies of and/or distribute any portion of the Site or the Glasdon Content in any way not expressly authorized by these Terms of Use, you must contact Glasdon for written permission.  You may not use or reproduce any trademark, trade name or service mark appearing on the Site without the prior written consent of Glasdon.

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.

5. Linking/Framing.

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.

9. Disclaimer.

THE SITE AND ALL GLASDON CONTENT IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE GLASDON CONTENT IS AT YOUR SOLE RISK. GLASDON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE INCLUDING, WITHOUT LIMITATION, THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE.  GLASDON DOES NOT WARRANT THAT THE GLASDON CONTENT OR ANY CONTENT CREATED BY OR THROUGH THE SITE WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE.  NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE AGREEMENT.

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.

10. Indemnification.

You agree to indemnify, defend and hold Glasdon and its successors, assigns and affiliates including, without limitation Glasdon Group Limited (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site or the Services. This Section shall survive the termination or expiration of these Terms of Use.

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 vp@glasdon.com (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.

Counter-Notice

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.

15. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Richmond, Virginia, and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to conflict of law principles). You agree that, by entering into these Terms of Use and accessing and/or using the Site or the Services, you are transacting business in the Commonwealth of Virginia and are subject to jurisdiction in its courts.  Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, and must be litigated in (a) Virginia state courts located in Richmond, Virginia or (b) U.S. district courts located in Richmond, Virginia and you consent to personal jurisdiction and venue (and waive any objections thereto) in any such courts.  All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.