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Terms of Use

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The Effective Date of these Terms of Use is January 1, 2010.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms only apply to www.GLEH.org (the “Web Site”), which is owned or controlled by Gay & Lesbian Elder Housing Corp. “GLEH” or “we,” “our,” or “us”), and other site interactive features, applications or downloads that are owned or controlled by GLEH that post these Terms (collectively, the Web Site and the interactive features, applications or downloads that post these Terms are referred to herein as the “Site”). These Terms govern your use of the Site. These Terms do not apply to any other web site or any offline activities by GLEH (unless specifically stated). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.

In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Site’s Privacy Policy.

SUMMARY OF KEY TERMS
It is important that you read all of these Terms. However, here are some of the big picture issues:

  • Use of the Site constitutes acceptance of these Terms and our other policies and rules.
  • Check back each visit as policies and rules may change.
  • THESE TERMS REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.
  • You must be the age of majority where you reside to use the Site.
  • Your use of Site materials off-site is limited by these Terms.
  • You may not use the Site, or content created thereon, for commercial purposes.
  • Your use of the Site is AS IS, without warranty and will result in no liability to us.

Table of Contents

The following is a table of contents of section headings. Just click on the heading to be linked to that section:

  1. OWNERSHIP OF SITE MATERIALS
  2. YOUR LICENSE AND USAGE RESTRICTIONS
  3. INFORMATION/CONTENT YOU SUBMIT
  4. DONATIONS, PURCHASES AND SERVICES
  5. YOUR WARRANTIES
  6. FAIR HOUSING
  7. PROMOTIONS
  8. THIRD PARTY LINKS AND CONTENT
  9. LINKING POLICY
  10. WIRELESS
  11. DISCLAIMER OF WARRANTIES
  12. RELEASE AND LIMITATION OF LIABILITY
  13. INDEMNIFICATION
  14. TERM, TERMINATION AND SURVIVAL
  15. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
  16. GOVERNING LAWS; JURISDICTION; ARBITRATION
  17. MISCELLANEOUS
  18. ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS

1. OWNERSHIP OF SITE MATERIALS

Unless otherwise explicitly specified, this Site and all materials that are included in or are otherwise a part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; instructions, images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by GLEH, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The entire contents of the Site (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, GLEH owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. “Gay & Lesbian Elder Housing,” “GLEH,” “Triangle Square” and the Triangle Square logo, as well as other marks that may appear on the Site, are the service and trademarks of GLEH or its licensors or other third parties. Without GLEH’s prior written permission, you agree not to display or use, in any manner any GLEH marks and all goodwill associated with any use by you thereof will inure exclusively to GLEH. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of GLEH, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Site.

2. YOUR LICENSE AND USAGE RESTRICTIONS

Subject to your strict compliance with these Terms, GLEH grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download (temporary storage only), display, view, use, play and/or print (as applicable) a single copy of the Materials (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on any single personal computer, mobile phone or other wireless device, or other Internet-enabled device (“Internet Device”) for your personal, non-commercial use only. You agree not to: (a) remove or alter trademark, copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials; (b) use the Materials in a manner that suggests an association with any of our products, services or brands; (c) modify the Materials; (d) reverse engineer, decompile, reverse assemble or modify any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site or allow or aid any third party to do so; or (e) use any metatag or other “hidden text” using any GLEH trademarks or trade names; (f) engage in any activities through or with the Site that seek to, attempt to, or do harm to, any individuals or entities or that are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing or abusive, that violate the right of any third-party, or are otherwise objectionable to GLEH; (g) engage in any activity that interferes with a user’s access to the Site, or the proper operation of the Site, or otherwise causes harm to the Site, GLEH or users of the Site; (h) interfere with or circumvent any security feature of the Site or any feature that restricts or limits the use of or access to the Site; and/or (i) otherwise violate these Terms or any Additional Terms.

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or activity or use of a standard internet browser), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms, Additional Terms or otherwise in writing by GLEH.

3. INFORMATION/CONTENT YOU SUBMIT

The Site may provide you with the opportunity to submit content to GLEH, or through the Site, including, without limitation, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).

Except as otherwise described in the Site’s posted Privacy Policy, or otherwise on the Site at which you provide your User Content (such as a housing qualification questionnaire or application), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses granted in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant GLEH these licenses. Upon GLEH’s request, you will furnish GLEH any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information, including without limitation, User Content to GLEH or the Site.

Except as otherwise described in an agreement on the Site at which you provide your User Content, you grant to GLEH the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sublicense, display, perform, transmit, publish, broadcast, modify, create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that without any obligation or remuneration to you: (i) GLEH is free to use any ideas or concepts contained in any User Content you send to the Site or GLEH, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Content; and (ii) you perpetually and irrevocably grant GLEH the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content. You also grant to GLEH the right to sublicense and authorize others to exercise any of the rights granted to GLEH under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to GLEH under these Terms. Without limiting the generality of the foregoing unless otherwise provided in Additional Terms, you authorize GLEH to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. You waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

4. DONATIONS, PURCHASES AND SERVICES

In order to donate money to GLEH, purchase any products on the Site, become a GLEH volunteer, or request any services from GLEH, you will have to provide GLEH with certain information, including but not limited to your first and last name and contact information. When you provide information to the Site, you agree to provide only true, accurate, current and complete information about you as may be prompted by any forms of the Site.

The Website may offer you the ability to make an online donation(s), or purchase products or services. You must use a major credit card or other GLEH-approved payment method in order to make a purchase or an online donation to GLEH. You hereby authorize us to charge your credit card to pay for the donation amount you request or the price of the product you purchase. Once an amount has been charged to your credit card, it is nonrefundable. Only in cases of fraud demonstrated to GLEH’s satisfaction may any amount be refunded, subject to GLEH’s sole discretion. In addition, you are also responsible for paying any amounts billed to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your credit card issuer agreement governs your use of your designated credit card in connection with the services, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.

  1. Delivery, Returns, and Warranties. Check the applicable portion of the Site for more information on delivery, returns, warranties, and other applicable sales and product policies that apply to any online purchases or donations which you make on the Site, all of which are Additional Terms. As to any services that may be featured on the Site, the terms of those service offerings may be specified in any Additional Terms that will be provided to you in connection with the service that you purchase.
  2. No Transactions by Minors. By ordering a product or service from, or making a donation to GLEH though the Site, you represent that you are at least the age of majority where you reside. If a person under majority age orders a product or service from, or makes a donation to, GLEH through the Site without parental or guardian permission, then the parent or guardian may return the product or service for a refund, or seek a refund of a donation, by contacting us here.
  3. Taxes. You are responsible for paying all sales, use, and other similar taxes relating to any of your purchases of products or services from GLEH though the Site.
  4. Shipping and Insurance. Unless otherwise explicitly stated in any Additional Terms, or unless you are making a specific purchase pursuant to a specific promotion that offers free shipping, you are solely responsible for paying all shipping charges relating to your purchases (including any product offered with a service) through the Site and for insuring your purchases.
  5. Appearance of Products. As to products and services featured on the Site, the colors, dimensions, and details that you see on your Internet Device will vary depending on your Internet Device and its settings, so we cannot guarantee that your Internet Device will accurately display the details of our products and services.

     

5. YOUR WARRANTIES

You represent and warrant that: (i) you are a resident of the United States and of the age of majority in the jurisdiction of your residence, and you have the legal right and capacity to enter into and to comply with these Terms; (ii) all information you provide to GLEH is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and all other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.

6. FAIR HOUSING

Equal Housing Opportunity Statement: We are pledged to the letter and spirit of U.S. and California policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, national origin or other protected status.

7. PROMOTIONS

The Site may contain or offer contests, raffles, sweepstakes or other promotions, which may be governed by a separate set of rules that describe the contest, raffle, sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable contest, raffle, sweepstakes or promotion.

8. THIRD PARTY LINKS AND CONTENT

There may be links from the Site, or communications you receive from the Site, to third party web sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. GLEH ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF SERVICE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

9. LINKING POLICY

GLEH grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) may only link to our Site’s home page unless GLEH has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on our Site or otherwise mirror any part of our Site; (c) must not imply that GLEH or our Site is endorsing or sponsoring it or its products, unless GLEH has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in GLEH’s sole opinion, harm GLEH or its products or services; (e) must not use any GLEH trademarks without the prior written permission from GLEH; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise inappropriate or objectionable (in GLEH’s sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, GLEH reserves the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

10. WIRELESS

  1. Wireless Features. The Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s features and upload content to the Site, receive messages from the Site, and download applications to your wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
  2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify GLEH of any changes to your wireless number (including phone number) and update your accounts on the Site to reflect the changes.


11. DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GLEH AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES; DIRECTORS; OFFICERS; AGENTS; VENDORS; AND CONTRACTORS (COLLECTIVELY, THE “GLEH PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO GLEH OR VIA THE SITE. IN ADDITION, THE GLEH PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE GLEH PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GLEH PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE GLEH PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GLEH PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

THE GLEH PARTIES DO NOT ENDORSE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH THE SITE.

12. RELEASE AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE GLEH PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE MATERIALS; (C) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GLEH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GLEH PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE GLEH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE GLEH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN DOLLARS ($10.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GLEH’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE GLEH PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE GLEH PARTIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

13. INDEMNIFICATION

You agree to defend, indemnify and hold the GLEH Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the GLEH Parties’ use of your information consistent with these Terms and the Privacy Policy. You will cooperate as fully required by the GLEH Parties in the defense of any claim. Notwithstanding the foregoing, the GLEH Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The GLEH Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the GLEH Parties.

14. TERM, TERMINATION AND SURVIVAL

GLEH reserves the right to suspend or terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if GLEH believes your conduct fails to conform with these Terms. GLEH also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or GLEH. Any violation of these Terms may be referred to law enforcement authorities.

Upon suspension or termination of your access to the Site, or upon demand from GLEH, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; and (b) destroy all materials obtained from the Site and all related documentation.

The rights granted by you, and your agreements, obligations and covenants are not subject to termination, revocation or rescission and survive termination.

GLEH maintains the right to discontinue operation of the Site, or your use of the Site, in any case, in whole or in part, at any time, in its discretion, with no obligation to you. GLEH reserves the right to interrupt the services with or without prior notice for any reason or no reason. You agree that GLEH will not be liable for any interruption of the service, delay or failure to perform, and GLEH has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

15. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GLEH to any registration requirement within such jurisdiction or country. GLEH controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

16. GOVERNING LAWS; JURISDICTION; ARBITRATION

The Terms shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in the state of California (i.e., without regard to conflict of laws provisions) regardless of your location. You acknowledge that the rights granted and obligations made hereunder to GLEH are of a unique and irreplaceable nature, the loss of which shall irreparably harm GLEH and which cannot be replaced by monetary damages alone so that GLEH shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

You agree to finally settle all Disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms and can award the prevailing party(ies) damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. You also agree as follows:

  1. “Disputes” are any claims or controversies you may have against GLEH related in any way to the Site, User Content or the Terms - this includes claims you bring against GLEH employees, agents, affiliates or other representatives; provided, however, that any issues relating to GLEH's intellectual property rights, including any such rights GLEH claims that may be in dispute, shall only be subject to arbitration if you and GLEH each agree in writing to have such subject to arbitration.
  2. If you want to arbitrate a Dispute, you agree to send written notice to GLEH providing a description of the Dispute and the proposed resolution. Notice to GLEH must be sent to: Wildman, Harrold, Allen & Dixon, ATTN: Alan L. Friel, 9665 Wilshire Boulevard, Floor 200, Beverly Hills, CA 90212. You agree to make attempts to resolve the Dispute. If you and GLEH cannot resolve the Dispute within forty-five (45) days of receipt of the notice to arbitrate, then either you or GLEH may submit the Dispute to formal arbitration.
  3. The FAA applies to this Agreement and arbitration provision. You agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. In the event AAA is unwilling or unable to set a hearing date within forty-five (45) days of the filing of a “demand for arbitration”, then either party may elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service. You may obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. and from JAMS at (949) 224-1810 or www.jamsadr.com. If applicable law requires GLEH to pay a greater portion of the arbitration fees than provided under the applicable arbitration service’s rules in order for the arbitration provision to be enforceable, GLEH shall have the discretion to elect to pay such fees and proceed to arbitration. Discovery shall be permitted pursuant to the applicable arbitration rules. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a statement of the essential findings and conclusions on which the award is based. The award shall be enforceable by any court with jurisdiction over the parties.
  4. The arbitration will be conducted by a single neutral arbitrator who is a lawyer or a retired judge. If an in-person hearing is required, the arbitration hearing will be conducted in the metropolitan statistical area in which you are a resident at the time the Dispute is submitted for arbitration. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
  5. You agree not to pursue arbitration on a classwide basis. You each agree that any arbitration will be solely between you and GLEH (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement between you and GLEH to arbitrate does not apply and the Dispute must be brought in court. The provisions of this Section will not apply to any legal action taken by GLEH to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, User Content or the Terms and/or GLEHs' intellectual property rights. You agree that the provisions in this Section 16 will survive any termination of your account(s).

     

17. MISCELLANEOUS

The failure of GLEH to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit GLEH’s rights with respect to such breach or any subsequent breaches. No waiver by GLEH of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of GLEH. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. GLEH may assign its rights and duties under these Terms to any party at any time without any notice to you. Your rights and obligations under these Terms may not be assigned or delegated by you, in whole or in part, without GLEH’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against GLEH by virtue of having drafted them

18. ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS

GLEH reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, products, services or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that GLEH will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. GLEH also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time-to-time in its discretion.

GLEH reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on this Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

//End Terms//

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