Terms of Service

1. Introduction

These Terms of Use (i) set out the terms between you and Glossi, Inc. ("GLOSSI", "we", "us", or "our") under which you may access and use our website www.glossi.io, any other mobile applications, websites, and social media platforms owned or controlled by us (collectively, "Site"); and (ii) incorporate the provisions set forth in our Privacy Policy which identifies how we process Personal Information we receive when you access and use our Site.

THESE TERMS OF USE ARE A BINDING LEGAL AGREEMENT. By accessing or using our Site or Services you specifically acknowledge and agree to these Terms of Use on behalf of yourself or the entity you represent. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any entity, you are agreeing to the Terms of Use on behalf of yourself and such organization, and you represent and warrant you have the legal authority to bind such organization to these Terms of Use.

These Terms of Use require all disputes between you and us will be resolved by binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution for the details regarding your agreement to arbitrate any disputes with us.

IF YOU DO NOT AGREE WITH ANY ELEMENT OF THESE TERMS OF USE, YOU SHOULD CEASE ACCESSING OR USING THE SITE AND SERVICES IMMEDIATELY.

2. Product Information & Accuracy

Reference to any products, Services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GLOSSI.

All material and information presented by GLOSSI is provided as-is and is intended to be used for personal educational or informational purposes only.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. The "Services" are the Services offered by GLOSSI, including any access to the Site, that are made available for access and use, as such may be updated or modified by GLOSSI from time to time. We may exercise this right on a case-by-case basis. Any offer for any Service made on this Site is void where prohibited.

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. All features, content, specifications, Services and prices of such Services described or depicted on this Site are subject to change at any time without notice. The inclusion of any Services on this Site at a particular time does not imply or warrant that those Services will be available at any time.

3. Modifications to Services and Prices

Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4. Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases of our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. Eligibility, Use Rights, Availability, Restrictions and Site Content

Eligibility

BY USING THE SITE, YOU REPRESENT AND WARRANT TO US YOU ARE AT LEAST EIGHTEEN YEARS OLD.

Use Rights

Our Site is available for your viewing free of charge however any use of our Services, software or other services are subject to the pricing set forth in the applicable agreement. Accordingly, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use our Site as expressly permitted by these Terms of Use. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein. You or we may suspend or terminate your use of our Site at any time, for any reason or for no reason.

Site Availability

You understand that from time to time the Site may be unavailable. For the avoidance of doubt, you are responsible for all third-party components or services necessary for you to have access to the Site. You are also responsible for ensuring all persons who access the Site through your Internet connection or devices are aware of and comply with these Terms of Use.

Restrictions

You shall not: reproduce, duplicate, copy, sell, re-sell, or otherwise commercialize any part of the Site; access without authority, interfere with, damage, or disrupt any part of our Site or software or equipment or network on which the Site is stored; attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to our site; use the Site in any way that breaches any law or regulation; use the Site in any way that is unlawful or fraudulent, or has any unlawful, fraudulent, or intentionally misleading purpose or effect; transmit or cause the transmission of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; transmit material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent; transmit data, send, introduce, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, corrupted files, or any other harmful programs; attack our site via a denial-of-service attack or a distributed denial-of service attack; or use language that is hateful or discriminatory.

Site Content

Our Site and all marks, logos, buttons icons, images, pictures, graphics, content used in connection with the Site (collectively referred to as "Site Content") are protected under U.S. intellectual property laws and are exclusively owned and controlled by us. Site Content shall not include any content that you own or control that you upload to the Site to create commercial content ("Your Content"). YOU ARE PROHIBITED FROM USING, MODIFYING, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING SITE CONTENT WITHOUT OUR EXPRESS WRITTEN PERMISSION. FOR THE AVOIDANCE OF DOUBT, THIS RESTRICTION SHALL NOT APPLY TO YOUR CONTENT.

6. Your Responsibilities

You shall comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which GLOSSI controls and operates the Site and Services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

7. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or Site Content:

For any unlawful purpose
To solicit others to perform or participate in any unlawful acts
To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To collect or track the personal information of others
To spam, phish, pharm, pretext, spider, crawl, or scrape
For any obscene or immoral purpose
To interfere with or circumvent the security features of the website

We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

8. Submissions

Except where expressly provided otherwise by GLOSSI, all information submitted to GLOSSI through, in association with or in regard to the Site or any other GLOSSI products or Services ("Submissions") shall be considered non-confidential. You shall retain ownership of Your Content including the copyright ownership of images which you may upload, provided that any use of the Site or Services is an express license to use the Submissions in any method GLOSSI sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. You acknowledge and agree you are fully responsible for the Submissions you provide, and that you, not GLOSSI, have full responsibility for clearing the Submissions including Your Content, with respect to their legality, reliability, appropriateness, originality and copyright.

GLOSSI reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or Personal Information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any GLOSSI site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. Modifications of Site and These Terms of Use

We reserve the right, in our sole discretion, to discontinue, change, improve, or correct our Site including Site Content. Our Site may not be available during maintenance breaks and other times. You are responsible for regularly reviewing our Terms of Use and other applicable terms and notices. Continued access and use of our Site shall constitute your consent to such changes as of the "Last Updated" date noted above.

Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site, which may be posted from time to time. Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes.

10. Notices and Infringement

GLOSSI may give notice by means of a general notice on the Site, electronic mail to your e-mail address on record in GLOSSI's account information, or by written communication sent by first class mail or pre-paid post to your address on record in GLOSSI's account information. You may give notice to GLOSSI at any time by letter sent by letter delivered by registered mail with return receipt to 4201 Wilshire Blvd #600, Los Angeles, CA 90010, legal@glossi.io. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website.

If you believe that any content appearing on the Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing:

Your name, address, telephone number and e-mail address
A description of the copyrighted work(s) that you claim has been infringed
The exact description of each place where alleged infringing material is located
A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law
Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf
A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf

Please provide any feedback or claims of infringement to: 4201 Wilshire Blvd #600, Los Angeles, CA 90010, legal@glossi.io

11. Third Party Websites and Links

Links to Third-Party Websites

Our Site incorporates links to third party websites for your information only. Some third-party websites may collect data or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions ("Third-Party Websites"). Please read all applicable terms, conditions, and privacy policies of any Third-Party Website that may be linked to our Site. Your access and use of any Third-Party Website is at your own risk.

Links by Other Websites

You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must also ensure that any link to the Site is up to date and functional. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

12. Disclaimer of Warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY GLOSSI, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, GLOSSI AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE MATERIALS, AND THE PRODUCTS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

GLOSSI AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE PRODUCTS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH.

13. Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR SOLE RISK.

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GLOSSI EXCEED $1,000.00. IN NO EVENT SHALL GLOSSI OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.

14. Indemnification

You shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys' fees) arising out of or incurred due to: (i) your breach of these Terms of Use; (ii) your use or misuse of the Site; (iii) your violation of any law or the rights of any third party including in or in connection with Your Content or Submissions; (iv) actions or inactions of other users of the Site; or (v) your use of Third-Party Websites.

15. Applicable Law

California law governs all disputes or controversies arising under or relating to these Terms of Use or their subject matter, without regard to its choice of laws principles.

16. Dispute Resolution

We will work in good faith to resolve any issue you have with the Site working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

In the interest of resolving disputes between you and GLOSSI in the most expedient and cost-effective manner, you and GLOSSI agree that ALL disputes arising out of or related to the Terms of Use and/or your use of the Site or any of GLOSSI's Services and products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GLOSSI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Exceptions to Arbitration Agreement

Notwithstanding the paragraph above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitration Process

If you desire to assert a claim against GLOSSI, and you elect to seek arbitration, you must first send to GLOSSI, by certified mail, a written Notice of your claim ("Notice"). The Notice to GLOSSI should be addressed to 4201 Wilshire Blvd #600, Los Angeles, CA 90010 ("Notice Address"). The arbitration will be administered pursuant to JAMS' Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures, as modified by these Terms of Use. The JAMS Rules and Forms are available online at www.jamsadr.com.

No Class Actions

YOU AND GLOSSI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GLOSSI agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

17. Severability

In the event any provision of these Terms of Use is held invalid or unenforceable, the remaining portions shall continue in full force and effect.

18. Assignment and Delegation

We may assign our rights under these Terms of Use for any reason, including a change of control or merger as a result of the transfer of assets. You may not assign any of your rights under these Terms of Use, except with our prior written consent. All assignments of your rights are prohibited under this section, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner.

We may delegate our performance under this agreement freely. You may not delegate any performance under this agreement. Any purported assignment of rights or delegation of performance in violation of this section is void.

19. Integration

These Terms of Use represent the parties' entire understanding relating to the use of the Site and supersedes any prior or contemporaneous, conflicting, or additional communications.

20. Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between GLOSSI and you as a result of these Terms of Use or use of the Site.

21. Waiver

The failure of either party to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by GLOSSI.

22. Children

GLOSSI does not accept Submissions from persons under the age of 18 ("Child" or "Children"). Furthermore, GLOSSI does not accept any user who is a Child. You are ineligible to use this Site if you are under the age of 18.

23. Contact

To contact or notify us of any matter related to these Terms of Use, please use the following information:

4201 Wilshire Blvd #600
Los Angeles, CA 90010
310.948.6262
legal@glossi.io