Glik's Terms of Use

1. TERMS AND CONDITIONS:

THESE WEBSITE TERMS OF USE (“Terms”) are agreed to between The Glik Company (herein “Glik’s”, “we”, “us”, and “our”) and you (“You”, “Your”, or “User”), or the entity on whose behalf You are agreeing to these terms. This page states the "Terms and Conditions" under which You may use gliks.com, and all other applicable sites, mobile sites, Websites, platforms, and tools where these Terms appear or are linked (collectively, the “Website”). These Terms also apply to the online portal accessible through the Glik’s Website (“My Account”).

PLEASE READ THESE TERMS CAREFULLY, BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. If You do not accept the Terms stated here, do not use this Website and service. Glik’s may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason. Unless You have entered into a separate written agreement with Glik’s regarding the Website, the Terms are the complete and exclusive agreement between You and Glik’s regarding Your access to and use of the Website and supersedes any oral or written proposal, quote, or other communication between You and Glik’s regarding Your access to and use of the Website.

IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS YOU MUST NOT ACCESS OR USE THE WEBSITE.

2. DEFINITIONS:

Words and phrases used in these Terms have the definitions given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.

3. TERM:

These Terms are entered into as of the date You first access or use the Website (the “Effective Date”) and will continue until terminated as set forth herein.

4. MODIFICATION:

We reserve the right, at any time, to modify the Website, as well as these Terms, whether by making those modifications available through the Website or by providing notice to You as specified in these Terms. Any modifications will be effective 24 hours following posting through the Website or delivery of such other notice. You must cease using the Website or terminate these Terms at any time if You do not agree to any modification. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Website following such notice. Any modifications to the Website, including all updates, upgrades, new versions, and new releases, will be treated as part of the “Website” for purposes of these Terms.

5. AGE ELIGIBILITY:

The Website is intended for use by Users of 18 years of age or older.

6. ACCOUNTS:

Before using the Website and in particular My Account, You may be required to establish an account (an “Account”). Approval of Your request to establish an Account will be at our sole discretion. Each Account and the User identification and password for each Account (the “Account ID”) is personal in nature. You will not distribute or transfer Your Account or Account ID or provide a third party with the right to access Your Account or Account ID. You are solely responsible for all use of the Website through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised. Any activities completed through Your Account or under Your Account ID will be deemed to have been done by You. You may not: (1) select or use an Account ID of another User with the intent to impersonate that User; and (2) use an Account ID that we, in our sole discretion, deem offensive.

7. OUR CONTENT:

All content included with the Website that we provide such as text, graphics, logos, images, software, updates, and other materials (collectively, “Our Content”) is the owned or licensed property of Glik’s or its suppliers or licensors and is protected by United States and international copyright, trademark, patent, or other proprietary rights (collectively, “IPR”). Glik’s and its suppliers and licensors expressly reserve all IPR in all Our Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all Our Content and for Your use of any of Our Content. Except as set forth in these Terms, You are granted no licenses or rights in or to any of Our Content, or any IPR therein or related thereto.

8. USE OF MATERIAL:

Subject to Your compliance with these Terms, we will permit You to access and use the Website solely for lawful purposes and only in accordance with these Terms.

The contents of this Website is the property of the Company and may not be copied without the express written consent of Glik’s and is protected by U.S. and international copyright laws. You will not directly or indirectly use any of Glik’s content for any other purpose other than the purposes allowed under these Terms. Unauthorized use of the Website, or images, text, software or products therein may violate copyright, trademark, and other laws. You will not, and will not permit any third party to: (a) distribute, sell, resell, land, loan, lease, license, sublicense, transfer; or (b) alter, copy, publish, modify or reproduce, display, publicly perform, distribute, create derivative works; (c) alter, obscure or remove any copyright, trademark or any other notices; or (d) otherwise use any of the contents of the Website in any way for any public or commercial purpose. The use of this material on any other Website or in a networked computer environment for any purpose is prohibited.

9. ACCEPTABLE SITE USE:

The Website may only be used for lawful purposes in accordance with these Terms. As a condition of Your use of the Website, You represent and warrant to us that You will not use the Website for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of Yourself or on behalf of any third party, users may not: make any commercial use of the Website other than in furtherance of any Transaction that You make through the Website; download, copy or transmit any content for the benefit of a third party; misrepresent Your identity, impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement that You make; conduct fraudulent activities through the Website; or otherwise make any use of the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

10. TRANSACTIONS:

10.1 With Us: The Website provides You with the opportunity to purchase Glik’s retail products and merchandise (“Products”). You will pay us any costs and fees applicable to Products that You purchase.

 

10.2 Transaction Information: If You wish to purchase Products through the Website (a “Transaction”), You may be asked to supply certain information relevant to Your Transaction including, without limitation, information about Your method of payment (such as Your payment card number and expiration date) and Your billing address (collectively, “Transaction Information”). You represent and warrant that You have the legal right to use any Transaction Information utilized in connection with any Transaction. By submitting Transaction information to us, You grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction.

 

10.3 Products: All descriptions, images, references, features, content, specifications, Products and prices of Products are subject to change at any time without notice. The inclusion of any Products on the Website does not imply or warrant that these Products will be available. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any Product. By entering into a Transaction, You represent and warrant that the Product that You buy will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the availability of or discontinue any Product; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar You from making or completing any or all Transaction(s); and (d) refuse to provide You with any Product.

 

10.4 Payment: You agree to pay us all Transaction charges and fees that may be incurred by You or on Your behalf through the Website, at the price(s) then in effect for the Products. In addition, You will remain responsible for any taxes that may be applicable to Your Transactions.

 

10.5 Availability, Errors and Inaccuracies: We make a conscientious effort to describe and display Products accurately on the Website. Despite these efforts, a small number of Products may be described inaccurately, or unavailable, and we may experience delays in updating Product information. As a result, we cannot and do not guarantee the accuracy or completeness of any such information, including prices, Product images, specifications, and availability. We reserve the right to change or update Product information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we determine that there were inaccuracies in Product information, we will cancel Your Transaction and notify You of such cancellation via email.

 

10.6 Rules for Promotions: These Terms govern any sweepstakes, contests, raffles, discounts, or other promotions (collectively, “Promotions”) made available through the Website. Promotions also may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as the Privacy Policy. 

 

11. TECHNOLOGY AND MARKS:

The Website, and the databases, software, hardware and other technology used by or on our behalf to operate the Website, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of Glik’s. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. We use reasonable means to protect the security of the Website, but You acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach. We retain all rights, title, and interest, including, without limitation, all IPR in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology, and You are not granted any right or license to use the Technology itself, apart from Your ability to access and use the Website under these Terms. The Glik’s name, logo and all product and service names associated with the Website or Products are trademarks of Glik’s and its licensors and providers, and You are granted no right or license to use them.

12. TEXT PLATFORM:

You may communicate with us about your Account, Transactions, Transaction Information, Promotions, Products, SMS Messages we send to You and the Website through our text messaging platform, which enables You to send SMS messages to members of our customer support team and receive SMS messages from Glik’s and its affiliates (the “Text Platform”). Your use of the Text Platform is subject to the following additional provisions:

(a) You will use the Text Platform only in compliance with all applicable laws and regulations.

(b) You are responsible for (i) all actions taken by You on the Text Platform, including, without limitation, all SMS message content. We have no obligation to review SMS message content that You send through the Text Platform.

(c) IF YOU ELECT TO RECEIVE RECURRING PROMOTIONAL SMS MESSAGES FROM US THROUGH OUR WEBSITE OR BY OTHER MEANS, YOU ARE PROVIDING YOUR PRIOR EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED, PERIODIC AND RECURRING ADVERTISING, MARKETING AND INFORMATIONAL SMS MESSAGES FROM US, AND AGREE THAT THESE MESSAGES MAY BE SENT TO YOU AT THE MOBILE TELEPHONE NUMBER YOU HAVE PROVIDED US, THROUGH AUTOMATIC MEANS, INCLUDING AN AUTOMATIC TELEPHONE DIALING SYSTEM.

(d) Your participation in the Text Platform is optional, Your consent to receive SMS messages through the Text Platform is voluntary, and Your Consent is not a condition for purchase or otherwise completing a Transaction. You can opt out of receiving any further SMS messages from the Text Platform at any time by replying “STOP” to any SMS message that You receive from us. For help, reply “HELP” to any SMS message You receive from us or email customerservice@gliks.com.

(e) SMS message frequency varies. Your mobile provider’s message and data rates may apply to our confirmation SMS message and all subsequent SMS message correspondence according to Your individual rate plan provided by Your wireless carrier. Please consult Your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving SMS messages. Under no circumstances will we be responsible for any SMS messaging or wireless charges incurred by You or by a person that has access to Your wireless device or telephone number. If Your carrier does not permit SMS messages, You may not receive SMS messages through the Text Platform. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any SMS messages, as delivery is subject to effective transmission from Your network operator. The Text Platform is provided on an “AS IS” basis.

(f) Data obtained from You in connection with the Text Platform may include Your cell phone number, Your provider’s name and the date, time and content of Your text messages. We may use this information in accordance with our Privacy Policy to contact You and to provide the services You request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

(g) You represent that you are the account holder for the mobile telephone number(s) that you provide to us. You are responsible for immediately notifying Glik’s if you change your mobile telephone number. In addition to the indemnification obligations otherwise set forth in these Terms of Use, you agree that Glik’s, its affiliates, designees, advertising and promotion agencies, any companies who are promotional or marketing participants, and all of their respective officers, directors, employees, representatives and agents, will have no liability whatsoever for, and shall be held harmless by you against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any SMS Message you send or receive via the Text Platform, or for any production, technical, typographical, human, or other error in any SMS Message you send or receive via the Text Platform. Glik’s may suspend or terminate your use of the Text Platform in its sole discretion, including if Glik’s believes you are in breach of these Terms of Use or if Glik’s believes your mobile telephone service has terminated.

(h) Glik’s reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Text Platform, with or without notice. Glik’s may revise, modify, or amend these Terms of Use relating to the Text Platform at any time. Any such revision, modification, or amendment shall take effect when it is posted to Glik’s website. You agree to review these Terms of Use periodically to ensure that you are aware of any changes. Your continued consent to use the Text Platform and receive SMS messages from Glik’s will indicate your acceptance of those changes.

13. WEBSITE SECURITY RULES:

The Website may be used only for lawful purposes. Glik’s specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:

(a) Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site.

(b) Taking any action which imposes an unreasonable or disproportionately large load on this Website’s infrastructure.

(c) If You have a password allowing access to a non-public area of this Website, disclosing to or sharing Your password with any third parties or using Your password for any unauthorized purpose.

(d) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Glik’s on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox).

(e) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

14. REPRESENTATIONS AND WARRANTIES:

You hereby represent and warrant to us that: (a) You have the legal right and authority to enter into these Terms; (b) these Terms form a binding legal obligation on Your behalf; (c) You have the legal right and authority to perform Your obligations under these Terms and to grant the rights and licenses described in these Terms; and (d) Your access to, and use of, the Website and the Content, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights.

15. INDEMNITY:

By using this Website, You hereby agree to indemnify, defend, hold harmless, or otherwise release Glik’s and our agents, officers, directors, members, managers, shareholders, affiliates, contractors, Users, customers, providers, licensees, successors-in-interest, assigns and employees (“Indemnified Parties”) from any and all claims, suits, demands, actions, losses, liabilities, judgments, settlements, fines, penalties, fees, expenses and costs (including attorneys’ fees and court costs) and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (1) Your access to, or use of, the Materials; and (2) Your breach of any representation, warranty, or other provision of these Terms. We will provide You with notice of any such indemnifiable claim or allegation, and we will have the right to participate in the defense of any such claim at our expense.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” YOU AGREE TO RELEASE UNKNOWN CLAIMS AND WAIVE ALL AVAILABLE RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR UNDER ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT. TO THE EXTENT PERMITTED BY LAW, THIS RELEASE COVERS ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF GLIK’S.

16. DISCLAIMERS:

THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERUPTED, FREE FROM UNAUTHORIZED ACCESS, THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, OR OTHERWISE MEET YOUR REQUIREMENTS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK.

THE WEBSITE AND MATERIAL AND OTHER INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MATERIALS, THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. GLIK’S, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

17. LIMITATION ON LIABILITY:

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL CONTAINED THEREIN, UNDER ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND ALL MATERIALS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18: LINKS TO THIRD PARTY CONTENT AND WEBSITES:

18.1 Third-Party Content: The Website contains links to third party Websites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third party Websites. Other Users might post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. Glik’s is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third party Websites, You do so at Your own risk that the information might be inaccurate, misleading or deceptive.

 

18.2 Third-Party Website: We may provide You with the ability to access websites developed, provided, or maintained by third-party service providers through the Website (“Third-Party Website”). Third-Party Websites may integrate with, pull content from, or add content to the Website. In addition to these Terms, Your access to and use of any Third-Party Website is also subject to any other agreement You may agree to before being given access to the Third-Party Website (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Website provided under that Third-Party Service Agreement in addition to these Terms but will not apply to any other Website You may access.

 

18.3 Links to Third-Party Websites: The Website may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for, and have no liability for, the functionality, actions, inactions, settings, privacy policies, terms, or content of any such third-party website. Before enabling any sharing functions of the Website to communicate with any such third-party website or otherwise visiting any such third-party website, we strongly recommend that You review and understand the terms and conditions, privacy policies, and settings of each such third-party website. The links and interactive functionality for Third-Party Websites through the Website do not constitute an endorsement by us of such Third-Party Websites. Other websites may link to the Website with or without our authorization, and we may block any links to or from the Website in our sole discretion. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK.

 

19: NO RESALE OR UNAUTHORIZED COMMERCIAL USE:

You agree not to resell or assign Your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.

20. ENFORCEMENT/INTERPRETATION:

20.1 Agreement to Arbitrate: Except as otherwise provided in these Terms, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms, including (a) the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms; (b) the arbitrability of the issues submitted to arbitration hereunder; and (c) non-contractual claims relating to these Terms (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in these Terms, if any Dispute cannot be resolved through negotiations between the parties within 15 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the rules of the American Arbitration Association then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by us in Illinois, United States. The arbitrator will apply the governing law set forth in in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the substantially prevailing party’s costs, fees and expenses (including reasonable attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

 

20.2 Exception to Arbitration: You agree that if we reasonably believe that You have, in any manner, violated or threatened to infringe our IPR, then we may seek emergency, preliminary or other appropriate interim relief in the federal or state courts located in Illinois, United States.

 

20.3 Governing Law and Venue: These terms and conditions shall be governed by applicable federal laws and the laws of the State of Illinois, without regard to such state’s conflict of laws principles. Irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute arising under these terms and conditions, including, but not limited to Your contact with the Glik’s Website, in the state and federal courts located in Illinois. Notwithstanding the foregoing provisions, these terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by a court of competent jurisdiction. Glik’s reserves all of its rights at law and equity against You in the case of a breach of these terms and conditions.

 

21. CUSTOMER SERVICE:

We or our agents may call, text, or email You at the telephone number and/or email address that You provide us, regarding customer service issues. Our use of Your contact information will be handled in accordance with our Privacy Policy (located at https://www.gliks.com/pages/privacy-policy).

22. TERMINATION:

To the extent permitted and in accordance with applicable law, we may terminate Your access to the Website or Your Account at any time if You violate these Terms or for any reason, at our sole discretion. You may terminate these Terms at any time by ceasing to access the Website and by destroying any Materials that You have been permitted to download from the Website.

23. SUSPENSION:

Without limiting our right to terminate these Terms, we may also suspend Your access to Your Account and the Website, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to Glik’s, the Website, or any other User or third party.

24. DATA PRIVACY:

All information we collect on this Website is subject to Glik’s Privacy Policy (located at https://www.Gliks.com/pages/privacy-policy). By using this Website, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy. Notwithstanding anything in the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information resulting from Your access to, and use of, the Services. To the extent any such non-personally identifiable data or information is collected or generated by us, the data and information will be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.

25. FEEDBACK:

If You provide Glik’s with any feedback or suggestions regarding the Website or Content (“Feedback”), You hereby assign to Glik’s all rights in the Feedback and agree that Glik’s shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You. Glik’s will treat any Feedback You provide to Glik’s as non-confidential and non-proprietary. You agree that You will not submit to Glik’s any information or ideas that You consider to be confidential or proprietary.

26. NOTICES:

Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to us by postal mail to the address for Glik’s listed on the Website. We may provide You with any notices required or allowed under these Terms by sending You an email to any email address that You provide to us in connection with Your Account, provided that in the case of any notice applicable both to You and other Users, we may instead provide such notice by posting it on the Website. Notices provided to us will be deemed given when we actually receive them. Notice provided to You will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) we are notified that the e-mail address is invalid.

27. ADDITIONAL TERMS:

Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. All waivers by us under these Terms must be in writing or later acknowledged by us in writing. Any waiver or failure by us to enforce any provision of these Terms on one occasion will not be deemed a waiver by us of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The substantially prevailing party in any lawsuit or proceeding arising from or related to these Terms will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither these Terms nor any of Your rights or obligations hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.