Terms of Service

The following terms and conditions govern all use of the GloSmart.com website and all content, services and products available at or through the website, including, but not limited to, the GloSmart.com (the “Website”). The Website is owned and operated by GloSmart, Inc. (“GloSmart”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GloSmart’s Privacy Policy) and procedures that may be published from time to time on this Site by GloSmart (collectively, the “Agreement”). YOUR USE OF THE WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old, and anyone under 18 should obtain their parent’s permission prior to using this Website.

1. General Use and Restrictions. All information, documents, services, text, photographs, designs, trademarks, logos, graphics, images, and other materials, items and information provided on this Website by GloSmart and its licensors (collectively, the "Materials") are protected by copyrights, trademarks, trade names, service marks, trade dress, and/or other U.S. and international intellectual property and proprietary rights laws and regulations, and are owned by GloSmart or its licensors, as may be applicable. GloSmart grants to you the limited right to display the Materials only on your personal computer for your personal use or for internal business purposes. You acknowledge and agree that you have no right to reproduce, modify, edit, alter, distribute, create derivative works from, publish, license or sell any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach this Agreement. Except as stated herein, you acknowledge and agree that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of GloSmart.
2. Your GloSmart.com Account and Site. If you create an account or blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and GloSmart may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause GloSmart liability. You must immediately notify GloSmart of any unauthorized uses of your blog, your account or any other breaches of security. GloSmart will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

3. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;

your account is not named in a manner that misleads users into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GloSmart or otherwise.

4. License to GloSmart. By submitting Content to GloSmart for inclusion on the Website, you grant GloSmart a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website. If you delete Content, GloSmart will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

5. Content and Access. Without limiting any of those representations or warranties, GloSmart has the right (though not the obligation) to, in GloSmart’s sole discretion (i) refuse or remove any content that, in GloSmart’s reasonable opinion, violates any GloSmart policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in GloSmart’s sole discretion. GloSmart will have no obligation to provide a refund of any amounts previously paid, if any.

6. Responsibility of Website Visitors. GloSmart has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, GloSmart does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GloSmart disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites and Third Party Products. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which GloSmart.com links, and that link to GloSmart.com. GloSmart does not have any control over those non-GloSmart websites and webpages, and is not responsible for their contents or their use. By linking to a non-GloSmart website or webpage, GloSmart does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GloSmart disclaims any responsibility for any harm resulting from your use of non-GloSmart websites and webpages. The Website may contain references to products of third parties. If you purchase any such products, all terms, conditions, warranties and representations associated with such products are solely between you and the applicable merchant. GloSmart assumes no liability, obligation or responsibility for any part of any such transaction regarding products identified on the Website or other third party products or services.

8. Copyright Infringement. As GloSmart asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GloSmart.com violates your copyright, you are encouraged to notify GloSmart. GloSmart will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of GloSmart or others, GloSmart may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, GloSmart will have no obligation to provide a refund of any amounts previously paid to GloSmart.

9. Intellectual Property. This Agreement does not transfer from GloSmart to you any GloSmart or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GloSmart. GloSmart, GloSmart.com, the GloSmart.com logo, and all other trademarks, service marks, graphics and logos used in connection with GloSmart.com, or the Website are trademarks or registered trademarks of GloSmart or GloSmart’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GloSmart or third-party trademarks.

10. Changes. GloSmart reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. GloSmart may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination. GloSmart may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GloSmart.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties and Limitation of Liability. You acknowledge and agree that this Website may include certain inaccuracies or errors which may affect the Materials or other items. You acknowledge that neither the Materials nor other items have been independently verified or authenticated in whole or in part by GloSmart, and agree that GloSmart does not warrant the accuracy or timeliness of the Materials or other items, and further agree that GloSmart has no liability for any errors or omissions in the Materials or other items, whether provided by GloSmart, its licensors or any other party. GloSmart, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS, (2) ANY THIRD PARTY WEBSITE OR INFORMATION ACCESSED THROUGH THE GloSmart WEBSITE, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON THE WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, THE WEBSITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NEITHER GloSmart NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE GloSmartS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF GloSmart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE WEBSITE.

13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the GloSmart Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification. You agree to indemnify and hold harmless GloSmart, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

15. Miscellaneous. GloSmart has no obligation to monitor the Website. However, you acknowledge and agree that GloSmart has the right to monitor the Website electronically from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or the Website users. GloSmart will not intentionally monitor or disclose any private electronic-mail message unless required by law. You acknowledge that GloSmart will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, GloSmart will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. GloSmart controls and operates this Website from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. In using the Website, you are entirely responsible for complying with all laws, including, without limitation, export control laws, applicable to your use of the Website. This Agreement constitutes the entire agreement between GloSmart and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GloSmart, or by the posting by GloSmart of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., and applicable Federal laws, excluding conflict of law provisions, and the proper non-exclusive venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Diego County, California. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GloSmart may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

16. No Personal Advice. The information contained in or made available through GloSmart (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, family or legal matters. Neither GloSmart nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any information offered or provided within or through GloSmart. Information provided on the Website is not guaranteed or verified, and is for information purposes. GloSmart recommends that you verify any information appearing on the Website or third party sites, and that you consult a professional as appropriate.