Terms and Conditions
1. Acceptance of Terms
This Site and Applications are owned and operated by Gladlii.com, Inc. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Gladlii or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Gladlii, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Gladlii’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. Gladlii does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Gladlii. Any rights not expressly granted herein are reserved by Gladlii.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You represent and warrant to Gladlii that:
if you are entering this agreement on behalf of a third party, including any client or customer of your business, you have full power and authority to bind your client to these Terms;
all registration information you submit is accurate and truthful; and that you will maintain the accuracy of such information,
you are at least 18 years of age and have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
will not violate any rights of Gladlii, including intellectual property rights such as copyright or trademark rights; and
agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. Gladlii Services
Gladlii.com provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license Gladlii software. Gladlii hosts its software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal issues. The Gladlii Services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Gladlii is not a law firm and may not perform services performed by an attorney. Gladlii and its Services are not substitutes for the advice or services of an attorney.
Gladlii strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Gladlii cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Gladlii provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, Gladlii may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Gladlii through the performance of any such services.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Gladlii does not and will not create an attorney-client relationship between you and Gladlii. Instead, you are and will be representing yourself in any legal matter you undertake through Gladlii’s legal document service.
Description of Dashboard and Subscription Services
Gladlii licenses you to access and use the Dashboard and the Subscription Services during the Term, which services may include (but are not limited to) Registered Agent Services and Minutes Manager. Unless explicitly stated otherwise, any new features that augment or enhance the current Dashboard or Subscription Services, including the release of new Subscription Services, shall be subject to these Terms. Gladlii may subcontract any Subscription Services or any work, obligations, or other performance required under Subscription Services without your consent. To use the Dashboard and the Subscription Services offered therein, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access.
General Practices Regarding Use and Storage
You acknowledge that Gladlii may establish general practices and limits concerning use of the Dashboard and the Subscription Services, including without limitation the maximum number of days that data, schedules, calendars, or other uploaded content will be retained by the Dashboard, the maximum number of messages that may be sent from or received by an account on the Dashboard, the maximum size of any message that may be sent from or received by an account on the Dashboard, the maximum disk space that will be allotted on Gladlii’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Dashboard in a given period of time. You agree that Gladlii has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the Dashboard. You acknowledge that Gladlii reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Gladlii may change, modify, add, remove, suspend, cancel or discontinue any aspect of a Subscription Service or the Dashboard, including the functionality, content, and/or availability of any features of such Subscription Service or the Dashboard, at any time in the sole discretion of Gladlii. We may also impose limits on certain features and services or restrict your access to all or part of the Dashboard or your Subscription Service without notice or liability at any time.
Limitation of Availability
The Dashboard may not be accessible, in whole or in part, in all areas, and Gladlii does not guarantee the accessibility, in whole or in part, of the Dashboard to all users. Certain Levels of Access, or access to all or part of the Dashboard, may be contingent on the purchase and maintenance of certain Subscription Services. If you’re not sure whether or not full or partial access to the Dashboard is available in your area, or if certain functions or content is accessible under your subscription, you can email us at [email protected]
BY USING Gladlii’S SERVICES OR ACCESSING THE Gladlii SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO Gladlii VIA THE SERVICES CONSTITUTES AN INQUIRY TO Gladlii, AND THAT Gladlii MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
3. Creating an Account
You may view content of the Services without registering for an Account, but as a condition of using certain aspects of the Services, including use of the Dashboard or Registered Agent services, you are required to create an Account using an email address (“User ID”) and password.
When creating an account, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.
You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User Account without the other User’s express permission. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to [email protected] immediately. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
Gladlii cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
4. License Grant
License to Use Forms
Gladlii grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
License to Use Dashboard
Gladlii grants you a non-exclusive, non-transferable worldwide right to use the Dashboard according to your subscription during the Term, subject to these Terms. You grant to Gladlii the non-exclusive, worldwide, right to use, copy, store, transmit, and display the information entered into the Dashboard solely to the extent necessary to allow access to the Dashboard as requested by you for the purpose of providing the Subscription Services. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Dashboard or any content therein; or (ii) modify, edit, reproduce, reverse engineer, alter, enhance, make derivative works based on or referring to, or in any way exploit the Dashboard, its content, or its source code, except for modifications based on access and use of the Dashboard specifically authorized by these Terms. All rights not expressly granted to you are reserved by Gladlii and its licensors.
Limited Permission to Download
5. Rules and Conduct
Resale of Forms Prohibited
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Gladlii.com.
Right to Refuse
You acknowledge that Gladlii reserves the right to refuse service to anyone and to cancel user access at any time subject to the Gladlii termination policy.
6. Billing and Payment
Authorization to Charge Your Account
By creating an account and submitting your payment information to Gladlii, you authorize Gladlii to store your payment information and to charge the billing source you have provided for your account according to the Service you selected until your account is terminated.
If you purchase a Subscription Service, you agree to pay all charges to your account made therefor, including but not limited to applicable taxes and fees for the use of additional features not included as part of your Subscription Service. You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. For any Subscription Services you purchase that are charged in full upon purchase, you agree that for each renewal term of such Subscription Service (each a “Renewal Term”), the amount due for the next Renewal Term will be due and immediately payable in full as of the first day of such Renewal Term. For each Subscription Service, your charge remains for each Term no matter if you access the Dashboard or Site, or check any messages on either, during any Term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION SERVICE OR ACCESS THE DASHBOARD, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION OF AUTOMATIC RENEWAL TERMS BELOW.
Payment for the initial term of a Subscription Service (the “Initial Term”) is due at the time of purchase.
If you have not opted for automatic renewal of your Subscription Service, Renewal Terms will be invoiced approximately two months before the start date of such Renewal Terms, with date due set no later than the first day of the Renewal Term (the “Billing Date”). The Billing Date will be based on the date of your original purchase. For example, if your purchase date was June 5th, your Billing Date will be July 5th if you have a monthly Term or the next June 5th if you have an annual Term. If your purchase date is the 29th day of February, your Billing Date for renewals in non leap-years only will fall on the 28th. If you have chosen a monthly Term and your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month.
If you have opted for automatic renewal of your Subscription Service, your Subscription Service will renew automatically at the end of the Initial Term and at the end of each Renewal Term thereafter unless and until you give notice of your intention to cancel automatic renewal or terminate your Subscription Service pursuant to this Agreement. If you do not give us notice of either such intention, your credit card will be charged for the Renewal Term of your Subscription Service on your Billing Date. Gladlii may adjust your Billing Date in subsequent Renewal Terms without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by Gladlii pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Subscription Service.
Gladlii may increase its fees for any Subscription Services effective the first day of a Renewal Term by giving you notice of the new fees at least sixty (60) days before the beginning of the Renewal Term. If you have and do not cancel automatic renewal or terminate your subscription pursuant to the terms below, you will be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term). Reductions in fees become effective on the next Renewal Term without any pro rata for the Term covered under the prior fee schedule.
Notice of Automatic Renewal.
If you have opted for automatic renewal of your Subscription Service, we may send a reminder email to the email address of record for your account before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) the failure of Gladlii to send the email does not create any liability on the part of Gladlii or any third-party service provider.
Cancellation of Automatic Renewal.
To cancel the automatic renewal of a Subscription Service, you must notify Gladlii of your intent to cancel by calling our Customer Care Dashboard at (844) 386-0178. Gladlii agrees that when it receives notice of this cancellation under the conditions stated above, no further charges will be billed to your credit card automatically. Instead, invoices for Renewal Terms will be sent approximately two months before the Billing Date of the Renewal Term, with date due set no later than that Billing Date. Note that cancelling automatic renewal for a Subscription Service will not terminate your Subscription Service.
Promotional Trial Subscriptions.
We sometimes offer certain customers free trial or other promotional subscriptions, which are subject to these Terms except as otherwise stated in the promotional offers. At any time before the end of a trial Term, you can cancel your subscription by calling us at (844) 386-0178. AT THE COMPLETION OF A TRIAL TERM, UNLESS YOU CHOOSE TO CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
7. Registered Agent Services
Third Party Service Providers
You acknowledge and agree that we do or may work with third-party providers and sub-providers (each, a “Registered Agent”) of our choice to provide some or all of the Registered Agent Services. You acknowledge and agree that any such Registered Agent may provide Registered Agent Services to you.
Information to be Provided
You will provide Gladlii with correct and true information which may include, but is not limited to: names, telephone numbers and addresses of each entity’s directors, officers, limited liability company managers, managing members, partners, trustees or persons serving in a similar capacity (or a representative who is a natural person of the foregoing if applicable).
Service of Process
You authorize your Registered Agent to receive service of process, including any notices of legal proceedings, other legal notices, or official government communication (collectively, the “Mail”), on your behalf. If available in your area or under your subscription, you further authorize your Registered Agent to scan and upload the Mail received on your behalf into your account at the Dashboard. From the Dashboard, or by phone or email, you may direct your Registered Agent to perform the following actions in respect of your Mail (and when you so direct your Registered Agent, you authorize it to do so):
forward to an address you specify;
forward to another account;
shred or recycle the envelope and its contents;
unsubscribe or opt in to mailing lists; or
perform any other actions that your Registered Agent may offer.
Not a Mailing Address.
Unless otherwise specified in this Agreement, your Registered Agent’s services are limited to the receipt and forwarding of items covered by the respective statute, rule, regulation, or contract, and do not include the provision of a business or mailing address independent of such statute, rule, regulation, or contract. Your Registered Agent has no obligation to forward any items received pursuant to any unauthorized use of your Registered Agent’s address (the “Registered Address”) and neither your Registered Agent nor Gladlii assumes liability to you or any other party for loss of such items. You assume all liability for such losses regardless of whether you had approved or initiated the unauthorized use. Your Registered Agent may seek reimbursement from you for any and all costs incurred in connection with the unauthorized use of the Registered Address. Your Registered Address is for the primary purpose of fulfilling state statutes for “Service of Process” and such address may be used only to receive Mail on your behalf. Unless otherwise specified, the primary business address you list on any filed document needs to reflect the primary business address your company operates from, regardless of what state that address is in.
Representation of Registered Address.
You agree not to represent or misleadingly suggest, whether orally, in writing, photographically, or otherwise, that the Registered Address is your place of business, your location of operations or business records, or is a physical address at which third parties can find you. You may not list the Registered Address in your company’s public media, including business cards, brochures, websites, or emails.
You acknowledge that your Registered Agent delivers mail to users; it does not warrant that mail will never be misdelivered. You acknowledge that in such cases neither Gladlii nor your Registered Agent is liable to the intended recipient. Your Registered Agent will make its best efforts to notify both the intended recipient and the unintended recipient immediately on discovery of the error and seek immediate retrieval of the item from the unintended recipient.
If you refuse or fail to accept Mail forwarded to you from your Registered Agent pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Mail. At the request of Gladlii or your Registered Agent, you must sign for or otherwise acknowledge your acceptance of all Mail sent to you by your Registered Agent.
Customer Responsibility to Provide Accurate and Updated Information.
It is your responsibility to contact Gladlii with changes to your contact information and business status (such as dissolved or inactive) within 60 days of the change. Failure to do so may result in the termination of your services. You acknowledge that neither Gladlii nor your Registered Agent is liable to you for damages resulting from your failure to update or provide accurate information to Gladlii.
Authorized Officer or Representative.
You agree that upon placing an order with Gladlii to act as your registered agent, You, on behalf of your entity, appoint Gladlii as an authorized representative and/or signer under the laws of your entity’s state of formation, and grant Gladlii a limited power of attorney, solely for the purposes of appointing or changing your Registered Agent to Gladlii or back to you should you so request it.
8. Termination of Usage
Gladlii may terminate your use of all or part of the Services at any time in its sole discretion; provided, however, that, as your sole remedy, we will refund to you any prepaid fees actually paid specifically related to that Subscription Service or part thereof.
If your Registered Agent Service is terminated for any reason stated above, Gladlii reserves the right to resign, with proper notice if required by state law, as your Registered Agent. Reasons for termination and resignation may include (but are not limited to): 1) your failure to provide accurate, complete, and current information as requested or required by Gladlii or your Registered Agent, 2) the inability to locate you after reasonable and diligent efforts are made, 3) your failure to pay, or 4) suspected illegal activity.
Your right to use a Subscription Service is subject to any limits established by Gladlii or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including charge back, Gladlii reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Gladlii hereunder. If a charge made to your credit card is declined, Gladlii may suspend your access to such Subscription Service and make up to five (5) attempts to bill that card over a Sixty (60) day period.
If you wish to reactivate your account after such suspension or termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account.
If you make a cancellation request within Sixty (60) days of the date on which you ordered your Subscription Service (the “Cancellation Period”), Gladlii will refund the full amount charged for such Subscription Service. At the end of the Cancellation Period, you may cancel your Subscription Service by calling our Customer Care Dashboard at (844) 386-0178. After such cancellation, your Subscription Service will remain active until the end of then-applicable Term.
If you are using a free trial to access Subscription Services, you can cancel at any time before the end of your trial Term by calling us at (844) 386-0178. IF YOU DO NOT CANCEL BEFORE THE END OF YOUR TRIAL TERM, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM. After such cancellation, your Subscription Service will remain active until the end of then-applicable Term.
Services after Termination.
After termination of your Subscription Service, either by you or by Gladlii:
You will not be able to access the Subscription Service offerings in the Dashboard; provided, however, that any access rights to the Dashboard granted you through a separate channel (e.g., through another Subscription Service or your status as an entity formed by Gladlii) will remain in full force and effect unless and until separately terminated or cancelled.
Gladlii or your Registered Agent will ship any Mail (via lowest-cost carrier) to you until the end of the then-current Term.
Your Obligations on Termination.
After termination and the end of the then-applicable Term, you agree that:
You will no longer incur charges in respect of your subscription.
If you no longer wish to use the Registered Agent Services in any jurisdiction, you must assign another registered agent in that jurisdiction, and must pay all fees related to changing your agent (including appointment and/or registration fees). In addition, you must notify both Gladlii and your new registered agent that you have properly changed registered agents by the next Billing Date, either by phone or email, and provide both Gladlii and your new registered agent with satisfactory written proof that the Registered Agent is no longer listed as your registered agent. If, however, you no longer wish to use the Registered Agent Services because you are discontinuing your business operations (voluntarily or otherwise), you must properly dissolve, cancel, withdraw, or otherwise properly terminate your entity. You must also notify both Gladlii and your Registered Agent that you have properly discontinued business operations by the next Billing Date, either by phone or email, and provide both Gladlii and your Registered Agent with proof of your dissolution, cancellation, withdrawal, or termination of your entity. If you fail to provide both Gladlii and your Registered Agent with satisfactory written proof of your resignation of the Registered Agent as your registered agent or of your discontinuation of business operations, you will continue to incur charges for Registered Agent Services until such proof is provided.
Any Mail that your Registered Agent receives on your behalf as your registered agent will be marked “Return to Sender” if it is first class mail or destroyed if it is not. You waive and release your Registered Agent from compliance with any obligation to forward or re-mail Mail received after your subscription has been terminated and specifically agree that your Registered Agent has no obligation to forward or re-mail Mail to you except as expressly stated in this Agreement. You agree to hold Gladlii, your Registered Agent and the affiliates of each harmless from any claim to the contrary.
You acknowledge that you have sole responsibility for notifying senders (including all government agencies) of a registered agent address other than your Registered Address.
In the event this Agreement is terminated (other than by reason of your breach), Gladlii will make available to you a file of your Dashboard content (“Customer Data”) within 60 days of termination if you so request at that time. You agree and acknowledge that Gladlii has no obligation to retain the Customer Data and may delete such Customer Data more than 60 days after termination.
9. Third Party Sites
Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than Gladlii (each a “Third Party Site”). Gladlii works with a number of partners and affiliates whose sites are linked with Gladlii. Gladlii may also provide links to other citations or resources with whom it is not affiliated. Gladlii is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Gladlii makes no guarantees about the content or quality of the products or services provided by such sites. Gladlii is not responsible for webcasting or any other form of transmission received from any Third Party Site. Gladlii is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gladlii of the Third Party Site, nor does it imply that Gladlii sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Gladlii is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
10. Intellectual Property and User Content
Reviews, Comments, Communications, and Other Content
Rights and Responsibilities of Gladlii
Gladlii is not the publisher or author of the User Content. Gladlii takes no responsibility and assumes no liability for any content posted by you or any third party. Although we cannot make an absolute guarantee of system security, Gladlii takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help. If Gladlii’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Gladlii reserves the right to delete those files or to stop those processes. If the Gladlii technical staff suspects a user name is being used by someone who is not authorized by the proper user, Gladlii may temporarily disable that user’s access in order to preserve system security. In all such cases, Gladlii will contact the member as soon as feasible. Gladlii has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Except as may be required in connection with your use of Gladlii Services, Gladlii does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Gladlii through or in association with this Site shall be considered non-confidential and Gladlii’s property. By providing such submissions to Gladlii you hereby assign to Gladlii, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Gladlii shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
Rights and Responsibilities of Gladlii Users or Other Posters of User Content
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Gladlii service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
that contains any computer virus, worms, or other potentially damaging computer programs or files;
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You grant Gladlii a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time. You are not required to provide your real name when signing up as a user of Gladlii. Gladlii permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy. Ratings and reviews will generally be posted in two to four business days. By submitting your email address in connection with your rating and review, you agree that Gladlii may use your email address to contact you about the status of your review and other administrative purposes.
11. Claims of Copyright Infringement
Copyright Infringement Notice
Gladlii complies with the Digital Millennium Copyright Act (DMCA). Gladlii will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Gladlii’s Copyright Agent by email at [email protected] or by mail to Copyright Agent c/o Gladlii.com, Inc., 5850 Granite Parkway, Suite 215 Plano. TX 75024. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, sufficient for Gladlii to locate the material; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Gladlii has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Gladlii also may terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (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 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 email address, a statement that you consent to the jurisdiction of the federal court in California, 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 the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it 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 the Company’s sole discretion.
12. Warranty Disclaimer
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Gladlii EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Gladlii MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Gladlii SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Gladlii makes no guarantee that all necessary alerts, reminders, filings, requirements, or regulations are incorporated, included, or referenced in the Dashboard or provided by email, or that the information provided by the Dashboard or by email is accurate, reliable, complete, or timely. Furthermore, laws, regulations, and administrative requirements often change, and their application and impact vary from company to company and industry to industry. Accordingly, neither the Dashboard nor any email communication is intended to provide or substitute for accounting, legal, business, tax, or other professional advice or services. They are offered for information purposes only and the Dashboard serves only as a venue for individuals to record specific information. The Dashboard, any email communications, and the information contained in any of these are not and should not be construed or relied on as legal advice. Compliance with all laws and regulations remains your sole and absolute responsibility. Before taking any business or legal action based on information from the Site, the Dashboard, or any email communication, you should consult with a financial or legal professional to verify deadlines and determine whether such actions are appropriate for you based on your personal or business needs. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of the Dashboard or the Subscription Services.
13. Limitation of Liability
Gladlii AND ITS SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OR SERVICES OF AN ATTORNEY. THEREFORE, IF YOU NEED LEGAL ADVICE FOR YOUR SPECIFIC PROBLEM, OR IF YOUR SPECIFIC PROBLEM IS TOO COMPLEX TO BE ADDRESSED BY OUR TOOLS, YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR AREA.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD Gladlii AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Gladlii HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Gladlii, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Registered Agent Services
YOU AGREE AND ACKNOWLEDGE THAT NEITHER Gladlii NOR YOUR REGISTERED AGENT IS LIABLE FOR ANY DAMAGE TO MAIL OR LOSS OF MAIL DURING OR AFTER MAILING OR SHIPMENT TO YOU. NEITHER Gladlii NOR YOUR REGISTERED AGENT IS RESPONSIBLE FOR MAIL FOR WHICH THERE IS NO RECORD OF RECEIPT BY EITHER OF US. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by you. You acknowledge and agree that neither Gladlii nor your Registered Agent has any responsibility or obligation to insure any Mail or shipments sent to you.
NEITHER Gladlii NOR YOUR REGISTERED AGENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING, OR DELIVERING MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SUBSCRIPTION SERVICES OR THE DASHBOARD SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS, OR DAMAGE INCURRED. NEITHER Gladlii NOR YOUR REGISTERED AGENT SHALL BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE, OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SUBSCRIPTION SERVICES PURSUANT TO THIS AGREEMENT.
Any alerts included as part of our Subscription Services may include reminders in the Dashboard or by email of filing deadlines or other important dates. Your failure to view or read the message or inability to receive the message does not create any liability on the part of Gladlii. The Gladlii compliance calendar is made available to you so you can identify and comply with important deadlines. Compliance with any deadlines, whether or not referenced or communicated in the Dashboard or by email, is always your sole responsibility. Gladlii will not be liable for any loss of good standing of an entity for any reason.
You specifically indemnify Gladlii, its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees (collectively, “Gladlii”), and hold us harmless from any and all liability, claims, damages, losses, or causes of actions arising from our inspection of your Mail or from the release of information regarding you or your use of the Subscription Services to any local, state, or national agency or to the USPS, or to a private party whose subpoena you fail to contest as specified by us. Except as provided herein, we will preserve the confidentiality of your Mail’s contents with respect to third parties and will not use or disclose information contained in your Mail other than to carry out the purposes for which you disclosed that information. You agree to protect, defend, indemnify, and hold Gladlii harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from:
the Subscription Services provided to you;
your use of the Subscription Services, including without limitation any copyright infringement claims that could arise from your Registered Agent scanning Mail or other documents;
the failure of any third party, USPS, or any commercial delivery or courier service, to provide delivery or courier services accurately and on time;
loss, damage, or destruction of your Mail by any cause whatsoever whether or not attributable to our negligence or intentional act; and
any violation by you of any federal, state, or local laws, statutes, rules, or regulations.
15. Dispute Resolution and Arbitration
It is Gladlii’s goal that the Services meet your expectations and live up to our promises to you. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (844) 386-0178. However, there may be instances when you feel that Gladlii has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Gladlii is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Gladlii, you acknowledge and agree that you will first give Gladlii an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: [email protected] or by mail to Gladlii.com, 1968 S. Coast Hwy #803 Laguna Beach, CA 92651.
You then agree to negotiate with Gladlii in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Gladlii’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Dispute Resolution by Binding Arbitration
In the unlikely event that the Gladlii Customer Care Center is unable to resolve your complaint to your satisfaction (or if Gladlii has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Gladlii will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Gladlii to the same extent or more as you would in court. Under certain circumstances (as explained below), Gladlii will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Gladlii offered you to settle the dispute. You may speak with independent counsel before using this Site or completing any purchase.
Gladlii and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Gladlii,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Gladlii are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Gladlii should be addressed to: Notice of Dispute, General Counsel, Gladlii.com, Inc. 1968 S. Coast Hwy #803 Laguna Beach, CA 92651 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Gladlii and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Gladlii may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Gladlii or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Gladlii is entitled.
After Gladlii receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Gladlii will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Gladlii and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Gladlii was a party. Except as otherwise provided for herein, Gladlii will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Gladlii for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Gladlii’s last written settlement offer made before an arbitrator was selected, then Gladlii will:
pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
If Gladlii did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Gladlii’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Gladlii’s settlement offer.
The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Gladlii may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, Gladlii will not seek such an award.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Gladlii AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Gladlii agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
16. Personal and Internal Business Use
The site is made available for your personal or internal business use. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with these Terms, you may not sign up for or use the Services. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Terms and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
17. Age Restrictions
If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
18. Assignment; Change of Control
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Gladlii’s prior written consent. Any assignment in violation of this section shall be null and void. If Gladlii sells all or part of its business, makes a sale or transfer of assets, is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Gladlii may assign this Agreement without your consent to a parent or subsidiary, an acquirer of assets, or a successor by merger.
19. Notice Policy
Under these Terms you are contracting with Gladlii.com, Inc., a California corporation.
Notice should be addressed to Gladlii.com, Inc., 1968 S. Coast Hwy #803 Laguna Beach, CA. 92651.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Gladlii company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
20. Geographic Limits of Service
Gladlii make no representation that materials contained on the Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Gladlii, are responsible for compliance with applicable local laws.
Gladlii reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
21. Export Control
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
22. Governing Law
Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Gladlii and its Services are deemed passive and do not give rise to personal jurisdiction over Gladlii or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state courts located in Dallas County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
23. IRS Tax Advice Disclosure
Internal Revenue Service (IRS) Circular 260 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 260, we inform you that any U.S. federal tax advice contained in any communication from Gladlii (including information contained in the Dashboard) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
25. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
26. State Specific Terms
There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms.
If you have any questions regarding these Terms, please contact us at [email protected] or by mail to Gladlii.com, 1968 S. Coast Hwy #803 Laguna Beach, CA 92651.