Last updated
November 24, 2019
These Terms of Use
constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and G-Integrator,
LLC
http://g-intergator.com website as well as any
other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of
these Terms of Use
. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and
you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these
Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided
on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign
jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you
represent and warrant that:
(
1)
all registration information you submit will be true, accurate,
current, and complete; (
2
) you will maintain the accuracy of such information and
promptly update such registration information
as necessary;
(3) you have the legal
capacity and you agree to comply with these Terms of Use;
(
4
) you are not a minor in the jurisdiction in which you reside
;
(
5
) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise;
(
6
) you will not use the Site for any illegal or unauthorized
purpose; and (
7
) your use of the Site will not violate any applicable law or
regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to
register with the Site. You agree to keep your password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some
of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases
made via the Site. You further agree to promptly update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We
bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at
the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such
amounts upon making your purchase.
If
your purchase is subject to recurring charges, then you consent to our charging your payment
method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed
through the Site.
FREE TRIAL
We offer a 14 -day
free trial to new users who register with the Site. The account will not be charged and the subscription will be suspended until upgraded to a paid
version
If you are unsatisfied with our services,
please email us at [email protected] .
You may not access or
use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not
to:
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
U.S. GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by
or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these
Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are
acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these
Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3.
In addition, DFARS 252.227‑7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other
FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under
these Terms of Use.
We reserve the right,
but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the
Site.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy: http://g-integrator.com/privacypolicy.html .
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region
of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site,
you are transferring your
data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site
as quickly as is reasonably practical.
These Terms of Use shall
remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to
change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all
or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the
Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use and
your use of the Site are governed by and construed in accordance with the laws of
the State
of
Michigan
applicable to agreements made
and to be entirely performed within
the State of
Michigan
, without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the
cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
If the Parties are unable to resolve
a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE
IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules.
If such
costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees
and expenses.
Washtenaw County, Michigan . Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
If for any reason, a Dispute proceeds
in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located
in Washtenaw County,
Michigan ,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
There may be information
on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON
AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR
OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING
THE six
(6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of:
(1) use of the
Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of
Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware
of it.
We will maintain certain
data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your
use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
Visiting the Site,
sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
If any complaint with us
is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and
any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these
Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a
complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: