Terms Of Service
Last Revised: 11/24/2025
These Terms of Service (the “Terms”) are entered into between you (“you,” or “User,” or “Customer”) and GlassHouse, Inc. (“Company,” “we,” “us,” and “our”). These Terms govern your access to and use of Company services offered on our APIs or the website(s) located at https://www.app.glasshouse.biz/ and https://www.glasshouse.biz (the “Website”), including any content or functionality offered on or through the Website, and our mobile applications, including the Android and iOS GlassHouse apps (the “Application”), and any other website or mobile applications directly owned by, or operated by or on behalf of, the Company and where these Terms are linked (collectively, with the Website and Application, the “Platform”).
By (i) signing any Proposal, Order, statement of work, or other agreement that references these Terms (an “Order”), (ii) clicking “Accept,” “Sign In,” “Create Account,” or a similar button, or (iii) accessing, browsing, submitting information to, or otherwise using the Platform, you agree, on your own behalf and on behalf of any company or organization you represent, that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws, including, without limitation, all federal, state, and local tax and tariff laws, regulations, and/or directives. Our login and account-creation pages may include a notice such as “By clicking Sign In, you agree to the Terms of Service and Privacy Policy”; any such notice is incorporated into and forms part of these Terms. If you do not agree to these Terms, you may not access or use the Platform.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “Customer” will refer to that entity.
These Terms are incorporated by reference and should be read in conjunction with the Company’s (1) Privacy Policy and (2) Content Policy.
Definitions
“Agreement” means these Terms, together with any applicable Order(s), Proposal(s), and other documents expressly incorporated by reference.
“AI” means the artificial intelligence and machine-learning tools, models, and systems the Company uses to provide features, automation, analysis, or other functionality within the Platform.
“AI Output” means any output, content, suggestions, recommendations, scores, or other results generated by or through AI functionality within the Platform, whether based on Customer Content, Platform Data, third-party data, public data, or any combination thereof. AI Output is a subset of Derived Data.
“Aggregated Statistics” means data and information related to use of the Platform that is aggregated, de-identified, or anonymized and used by the Company to compile statistical or performance information related to the provision, operation, or improvement of the Platform.
“Application” means any mobile or desktop application owned or operated by the Company, including the Android and iOS GlassHouse apps, that provides access to the Platform.
“Arbitration” has the meaning set forth in the Governing Law and Dispute Resolution section and includes any binding dispute-resolution proceeding described there.
“Authorized Users” means your employees, consultants, contractors, and agents (i) who are authorized by you to access and use the Platform under the rights granted to you in the Agreement and (ii) for whom access to the Platform has been purchased under an applicable Order.
“Company,” “we,” “us,” or “our” means GlassHouse, Inc., a Delaware corporation, together with its affiliates.
“Company Indemnified Parties” has the meaning set forth in the Indemnification section and means the Company and its directors, officers, employees, and agents.
“Confidential Information” has the meaning set forth in the Confidentiality section and generally includes non-public, proprietary, or sensitive information disclosed by one party to the other in connection with the Agreement.
“Content” means all data, text, images, audio, video, graphics, software, code, documentation, and other materials displayed on, made available via, or generated by the Platform, including both Company-provided content and Customer Content.
“Content Policy” means the Company’s content or acceptable-use policy referenced in these Terms, as updated from time to time.
“Credits” means any usage-based, promotional, or similar credits that may be made available to you for use with the Platform or specific features of the Platform, as described in an applicable Order or Company documentation.
“Customer,” “User,” or “you” means the individual or legal entity accessing or using the Platform under the Agreement and, where applicable, the entity identified in the relevant Order or Proposal.
“Customer Accounts” means the accounts provisioned by the Company for your Authorized Users to access the Platform on your behalf.
“Customer Content” (also “Your Content” or “User-Provided Data”) means any data, files, text, images, audio, video, messages, records, lists, or other material that you or your Authorized Users submit to, upload to, or otherwise make available through the Platform, including data imported from third-party systems or services at your direction.
“Customer Indemnified Parties” has the meaning set forth in the Indemnification section and means you and your directors, officers, employees, and agents.
“Data” means, collectively, Customer Content, Platform Data, Derived Data, AI Output, and Aggregated Statistics, as well as any other data or information processed, generated, or stored in connection with the Platform.
“Derived Data” means data, insights, models, scores, enrichments, predictions, features, compilations, de-identified datasets, and other outputs created, developed, or generated by or through the Platform (including its artificial intelligence and machine learning features) using, trained on, or derived from Customer Content, Platform Data, third-party data, or public data. AI Output is a subset of Derived Data.
“Done For You Services” means the optional services where the Company performs certain activities on your behalf using the Platform, including campaign setup, configuration, reveals, messaging, outreach, data processing, lead-generation activities, and similar services, as further described in the Done For You Services section and any applicable Order.
“Fees” means all amounts you are required to pay under an Order, including fees for access to and use of the Platform, Done For You Services, and any other services, plus applicable taxes and pass-through charges.
“Force Majeure Event” means any event or circumstance beyond the reasonable control of the impacted party, including, without limitation, acts of God, extreme weather, flood, fire, earthquake, pandemic or epidemic, governmental actions or orders, war, terrorism, insurrection, riots, civil unrest, labor disputes, failures of telecommunications or Internet services, widespread infrastructure outages, and other similar events, in each case to the extent they prevent or delay performance under the Agreement.
“Impacted Party” has the meaning set forth in the Force Majeure section and refers to the party whose performance is affected by a Force Majeure Event.
“Initial Term” means the initial Agreement term for the Platform as specified in the applicable Order.
“Linked Sites” means third-party websites or online services that are linked to or from the Platform and are not owned or controlled by the Company.
“Marks” means the names, logos, trademarks, service marks, and trade dress of a party, whether registered or unregistered.
“Order” means a mutually executed order form, proposal, statement of work, or other ordering document (including any “Proposal” signed by you) that references these Terms and sets forth the commercial details of your access to the Platform or receipt of other services.
Payment Terms” means the payment schedules, billing frequency, invoicing terms, and other financial terms applicable to your Fees, as set forth in the applicable Order.
“Platform” means, collectively, the Website(s), Application(s), APIs, and any other online services, interfaces, tools, features, or technology that are directly owned, published, or operated by or on behalf of the Company and where these Terms are linked or referenced.
“Platform Data” (also “Service Data”) means data generated by, collected by, or otherwise arising from the operation and use of the Platform, including system logs, event data, telemetry, performance metrics, usage and engagement analytics, and security-related data.
“Privacy Policy” means the Company’s privacy policy referenced in these Terms, as updated from time to time.
“Profile” means the account profile associated with your Customer Account(s), including personal data and settings you or the Company provide or update from time to time.
“Proposal” means the Company’s sales proposal or similar document describing the scope, pricing, and commercial details of the Platform and related services that, when accepted and executed by both parties, becomes an Order.
“Renewal Term” means any renewal Agreement term for the Platform following the Initial Term, as described in the Termination section and any applicable Order.
“Services” means the Platform, Done For You Services, and any other products or services provided by the Company to you under the Agreement.
“Subscription” means a time-based, paid right to access and use specified features or tiers of the Platform, as set out in an applicable Order.
“Term” means the period beginning on the effective date of the first Order and continuing until all Orders and these Terms have expired or been terminated in accordance with the Termination section.
“Third-Party Applications” means third-party software, applications, integrations, or services that interoperate with or are made available in connection with the Platform but are not provided by the Company.
“Website” or “Websites” means the website(s) located at https://www.app.glasshouse.biz, https://www.glasshouse.biz, and any other websites directly owned by or operated on behalf of the Company where these Terms are linked.
Purpose of the Platform
The Platform is a marketing and sales solution made available exclusively under the terms of the applicable Order (or other written agreement) between GlassHouse, Inc. (the “Company”) and the party or parties identified therein. It is designed specifically for use by the contracted company and its Authorized Users, solely in connection with the contracted company’s business operations and under its brand.
The Platform is intended for business and commercial use only and is not directed to individual consumers acting for personal, family, or household purposes.
The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. The Platform and any information made available through it do not constitute legal, tax, financial, or professional advice, and you remain solely responsible for your own compliance, business, and risk management decisions.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Platform shall be handled in accordance with the Company’s Privacy Policy, which is hereby incorporated by reference.
Use of the Platform
To access or use the Platform, you must be at least 18 years of age (or the age of majority in your jurisdiction, if older) and not prohibited from doing so by applicable law. Provided that you pay all required Fees under these Terms and the applicable Order and comply with all other provisions herein, the Company grants you a limited, non-exclusive, non-sublicensable, terminable, non-transferable right to access and use the Platform solely for the duration of the applicable Order and Subscription, and subject to the Company’s intellectual property rights.
The Platform is made available exclusively under the terms of the applicable Order between the Company and the party or parties identified therein, for use only by the contracted company and its Authorized Users, and solely in connection with the contracted company’s business operations under its brand. Use of the Platform for personal purposes, unrelated business activities, or by any individual or entity not expressly named in the applicable Order or other signed contract is strictly prohibited. You may not sublicense, share, or otherwise make the Platform available to third parties except as expressly permitted in the applicable Order or contract. By logging into any Customer Account on the Platform, you reaffirm your agreement to these Terms and the applicable Order.
You shall not use or otherwise access the Platform in a manner that exceeds your authorized use as set forth in these Terms, the applicable Order, and any other signed contract between you and the Company. You may not use the Services if we have terminated your account(s) or banned you. You agree to use the Platform only for lawful purposes, comply with all rules governing transactions on and through the Platform, and comply with all applicable laws.
The Platform is designed to provide access to advanced marketing and sales features. While we strive to deliver accurate and timely data, the Company makes no guarantees regarding its completeness, accuracy, or reliability. The Company is not liable for any issues, outcomes, or damages arising from your use of this data. Furthermore, we disclaim responsibility for any interactions, business decisions, or actions you take based on the data provided by the Platform. All business decisions regarding client engagements are made at your sole discretion and risk, and the Company assumes no responsibility for the consequences of those decisions.
While the Platform facilitates outbound marketing and sales communications, including but not limited to emails, SMS, mailers, and calls, you are solely responsible for ensuring compliance with all applicable laws, regulations, anti-spam laws, and industry standards. The Company disclaims any liability arising from the misuse of the Platform or non-compliance with legal or regulatory requirements by you.
User Account Responsibilities
You must create an account and provide certain personal data to access most of our Services.
You agree that the information you provide to us via your Customer Accounts is accurate and that you will keep it accurate and up-to-date at all times.
You are responsible for safeguarding your Customer Accounts, and you accept responsibility for all activities that occur via your Customer Accounts. You agree to maintain the confidentiality and security of all usernames, passwords, API keys, and other credentials associated with your Customer Accounts. The Company disclaims any liability for third-party actions made via your Customer Accounts. You agree to notify us immediately if you suspect any unauthorized use of your Customer Accounts or access to your password(s).
In order to provide you with access to features across our Platform, we may create and link different services’ accounts for you.
When you set up an account to access the Platform, we create a Profile for you that will include personal data you provide. We may update your Profile with information we obtain from third parties. You can read more about how we collect and process your data in our Privacy Policy.
Authorized Users
You are responsible for providing access to the Platform to any of your Authorized Users. You will provide reasonable cooperation with the Company to enable the Company to provide the Platform to you. The Company shall authorize access to your Authorized Users through Customer Accounts.
You are responsible for any activity occurring through the Customer Accounts, including any unauthorized activity and any Authorized Users’ use and processing of personal information. You are also responsible for any breach of these Terms by any Authorized Users.
You shall use reasonable efforts to prevent unauthorized access to or use of the Platform, including any personal information, and shall promptly notify Company in the event of any unauthorized access or use. You shall comply, and shall ensure that your Authorized Users comply, with all applicable local, state, federal, and foreign laws, treaties, and regulations applicable to your use of the Platform, including without limitation those related to data protection, electronic communications, and anti-spam legislation.
Orders and Subscriptions
Orders are placed when the parties mutually execute a Proposal (an “Order”). By placing an Order, you affirm that you are of legal age to enter into a binding Agreement (as defined in these Terms) for the Platform and acknowledge that you are bound by these Terms. You may not use the Platform if you:
(a) do not agree to these Terms,
(b) are not the older of (i) at least 18 years of age or (ii) the legal age required to form a binding contract with the Company, or
(c) are prohibited from accessing or using the Platform under applicable law.
Each Order is governed by and incorporates these Terms by reference. In the event of a conflict between these Terms and the terms of any applicable Order, the terms of the Order shall prevail. The Company will provide access to the Platform in accordance with the terms and conditions outlined in the applicable Order.
The Company offers a variety of service options on the Platform. Some Services are provided free of charge, while others require paid Subscriptions. The Company may also provide special promotional plans, memberships, or services, which may include offerings from third-party providers. The Company is not responsible for any products or services provided by such third parties. The terms and conditions of any Subscription will be specified in the applicable Order.
Fees and Payments
The applicable Order will define the Payment Terms and will remain in effect for the duration of the applicable Subscription, unless terminated earlier in accordance with these Terms.
You shall pay the Fees as set forth in the Order in order to obtain access to the Platform. Unless otherwise specified in the applicable Order, the Company will automatically withdraw the Fees for the Platform in accordance with the Payment Terms set by the Order from your specified financial account, credit or debit card, or other payment method. If you dispute any invoiced amounts in good faith, you shall notify Company in writing of such disputed amount within ten (10) days after receipt of the applicable invoice, in sufficient detail to permit Company to investigate the dispute; otherwise, such invoice will be deemed accepted. All amounts payable for the Platform pursuant to an Order are non-cancelable and non-refundable. You agree to pay invoiced Fees in U.S. dollars. If applicable, you shall reimburse Company for all agreed-upon and reasonable travel and out-of-pocket expenses incurred by Company in connection with the performance of the Platform, such as any travel for implementation of the Platform. Except for invoiced payments that you have successfully disputed, all late payments shall bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall also reimburse the Company for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. You are not entitled to set off, withhold, or deduct any amounts from Fees owed to the Company, except to the limited extent required by applicable law.
You shall be responsible for all taxes, including, without limitation, sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder; provided, that, in no event shall you pay or be responsible for any taxes imposed on, or regarding, Company’s net income.
Termination
These Terms shall remain in effect for the initial term set forth in the applicable Order (the “Initial Term”).
Fixed-Term Contracts. Unless otherwise stated, contracts that specify a fixed period shall automatically expire at the end of the Initial Term unless renewed by mutual written agreement.
Auto-Renewing Contracts. Unless otherwise stated, contracts shall automatically renew for successive renewal terms of equal length to the Initial Term (each, a “Renewal Term”) unless either party provides written notice of its intent not to renew at least twenty-one (21) days prior to the expiration of the Initial Term or the then-current Renewal Term. If such notice is not provided, the contract will automatically renew for another Renewal Term equal in length to the immediately preceding term.
Termination for Cause. Either party may terminate these Terms, effective upon written notice to the other party (the “Defaulting Party”), if the Defaulting Party:
breaches these Terms and such breach is incapable of cure, or with respect to a breach capable of cure, does not cure such breach within thirty (30) days after receipt of written notice;
becomes insolvent or admits its inability to pay debts as they become due;
becomes subject to bankruptcy or insolvency proceedings that are not dismissed within forty-five (45) days;
is dissolved or liquidated;
makes a general assignment for the benefit of creditors; or
has a receiver, trustee, custodian, or similar agent appointed to take charge of a material portion of its property or business.
Termination for Non-Payment. Notwithstanding the foregoing, Company may terminate these Terms upon ten (10) calendar days’ written notice if you fail to pay any amount when due and such failure continues after notice.
Effect of Termination. Upon termination or expiration of these Terms or any Order: (a) all rights and licenses granted by the Company to you under the applicable Order and these Terms will immediately cease; (b) you shall immediately stop using the Platform and pay all undisputed Fees and other amounts that have accrued and are payable as of the effective date of termination; and (c) Sections that by their nature should survive (including, without limitation, Data Ownership and Retention, Confidentiality, Intellectual Property, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and this Effect of Termination provision) shall survive any termination or expiration.
Upon termination or expiration, except for confidentiality obligations provided herein, the rights granted by the Company to you shall cease immediately.
Suspension of Services
In addition to any other remedies available under these Terms or applicable law, Company may suspend the provision of the Platform if you fail to pay any undisputed Fees when due.
Furthermore, Company may, at its sole discretion, temporarily or permanently suspend your or any Authorized User’s access to any portion or all of the Platform if:
(i) Company reasonably determines that there is a threat or attack on the Platform, the Services, or Company’s systems or intellectual property;
(ii) Company’s provision of the Platform to you or any Authorized User is prohibited by applicable law;
(iii) Your or any Authorized User’s use of the Platform is causing immediate, material, and ongoing harm to Company or any other individual or entity;
(iv) Company suspects that you or any Authorized User are using the Platform to send spam;
(v) Company suspects that you or any Authorized User are violating applicable regulations; or
(vi) Company suspects that you or any Authorized User are misusing the Platform or using it in a manner inconsistent with its intended purpose.
The Company will make commercially reasonable efforts to provide notice of any such suspension and may, in its discretion, restore access once the underlying issue is resolved. Any suspension does not relieve you of your obligation to pay all Fees due under the applicable Order, and the Company will have no liability to you or any third party for any such suspension made in accordance with this section.
Data Ownership and Retention
As between you and the Company, each party retains all right, title, and interest in and to its respective pre-existing intellectual property and Data, except that Customer always retains ownership of Customer Content as expressly stated below. For clarity, the parties’ respective rights in Data used in connection with the Platform are as expressly allocated in this section and elsewhere in these Terms.
You retain all right, title, and interest in and to your Customer Content, subject to the licenses you grant to the Company in these Terms (including in the “Your Content” section below). As between you and the Company, the Company retains all right, title, and interest in and to the Platform, Platform Data, Derived Data (including AI Output), Aggregated Statistics, and all other technology and materials used to provide the Services.
Users are granted a limited, non-exclusive, non-transferable, and revocable right to access and use Platform Data strictly within the Platform, and solely for as long as they are a paying customer in good standing. Users may not download, export, copy, reproduce, or otherwise use Platform Data outside of the Platform unless they have paid for the data or are otherwise expressly permitted to do so in an Order. For clarity, Users are essentially licensing or “renting” access to the Platform Data.
The Company shall continue to retain all rights, title, and interest in any Platform Data, Derived Data (including AI Output), and Aggregated Statistics that have been added to, generated by, or made available through the Platform during your use. The Company may continue to use, store, analyze, and otherwise process such Platform Data, Derived Data, Aggregated Statistics, and Customer Content in accordance with its business operations, in each case subject to applicable privacy and data protection laws and the Company’s Privacy Policy.
Without limiting the license you grant in the “Your Content” section below, you acknowledge and agree that by providing Customer Content to the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, distribute, and otherwise utilize such Customer Content for any lawful business purpose, even after the termination of your account or relationship with the Company, subject to applicable law and the Company’s Privacy Policy. To the extent Customer Content contains personal data, the Company’s collection, use, and retention of such personal data will be governed by the Privacy Policy and applicable data protection laws.
You may not sell, resell, sublicense, rent, lease, loan, transfer, assign, publish, distribute, disclose, or commercialize any Platform Data, Derived Data (including AI Output), Aggregated Statistics, exported data, or any other data, lists, leads, or outputs generated by or obtained through the Platform, whether in raw, processed, enriched, or derived form.
Except where expressly permitted in an Order, you may use such data solely for your internal business purposes and solely within the Platform.
Any export, download, or off-Platform use of data is prohibited unless (a) specifically permitted in an applicable Order, and (b) all associated fees for such data have been paid.
You acknowledge that all such data constitutes Company-owned intellectual property, and any unauthorized sale, redistribution, or external use constitutes a material breach of these Terms.
Credits
Upon termination or cancellation of your Agreement (including any Subscription, Order, or other purchased service), any and all accrued, unused, or available Credits shall be immediately forfeited. The Company shall have no obligation to refund, reimburse, or otherwise compensate you for such Credits.
Similarly, in the event that you downgrade, reduce, or otherwise decrease your contracted Agreement value or purchased service level, you acknowledge and agree that any Credits associated with a plan, product, or service level will be forfeited as of the effective date of such change.
Credits are non-transferable, non-redeemable for cash, and may only be used in accordance with the then-current terms of the applicable Agreement, Order, or service plan under which the Credits were originally issued.
Done for You Services
From time to time, the Company may offer optional Done For You Services in which the Company performs certain activities on your behalf using the Platform, including, without limitation, campaign setup, configuration, reveals, messaging, outreach, data processing, or lead-generation activities.
The following terms apply to all Done For You Services:
(a) The Company provides no guarantee of any number of leads, conversions, appointments, sales, revenue, or business outcomes resulting from the Done For You Services or the Platform.
(b) The Company may use Platform Data, third-party data, AI-generated data, and Customer Content when performing the Done For You Services. All resulting outputs, enhancements, processing, or derivative works constitute Derived Data and/or Platform Data and are owned exclusively by the Company.
(c) The Done For You Services do not create any fiduciary duty, partnership, agency relationship, advisory obligation, or duty of care of any kind.
Done For You Services are provided “AS IS,” without warranties of any kind.
Adjustments for Carrier, Infrastructure, and Platform Costs
The Platform relies on third-party carriers, infrastructure providers, telecommunications networks, cloud-hosting environments, email/SMS providers, and other related vendors. If any such provider increases pricing or imposes new fees, the Company may adjust the Fees accordingly.
Any such adjustment will be (a) commercially reasonable, (b) directly tied to the increased underlying costs, and (c) inclusive of a reasonable gross margin necessary for continued operation and support of the Platform.
Revised pricing becomes effective on the date specified in the Company’s written notice and applies to all use of the Platform from that date forward.
GlassHouse will make all reasonable efforts to notify the customer within a reasonable timeframe of any price changes, following receipt of such cost increases from our carriers or partners.
Artificial Intelligence Usage
The Company may utilize AI tools and systems to deliver certain features, services, or insights as part of the Platform, including data processing, automation, analytics, enrichment, and predictive modeling.
Ownership and License. As set forth in these Terms, the Company owns AI Output and all other Derived Data. Subject to these Terms, we grant you a limited license to use AI Output within the Platform for your internal business purposes during your Subscription. Off-platform usage requires express rights in an Order. For clarity, your access to AI Output is subject to the same limitations that apply to Platform Data in the Data Ownership and Retention section. You acknowledge that AI Output may be similar to outputs generated for other customers, and that, as between you and the Company, the Company retains all right, title, and interest in and to such AI Output and the underlying models.
No Warranties. AI may generate errors or inaccuracies. AI Output is provided for informational purposes and should not be solely relied upon for critical decisions. You are responsible for verifying applicability and accuracy.
Improvement Uses. We may use prompts, inputs, outputs, and usage patterns to operate, maintain, secure, and improve the Platform and our models, including the creation of Derived Data and Aggregated Statistics, in accordance with our Privacy Policy.
Indemnity & Limitation. Without limiting other provisions, we will not be liable for decisions or actions you take based on AI Output. You agree to indemnify and hold us harmless from claims arising from your misuse of AI Output.
Marketing and Publicity Rights
Each party grants the other a non-exclusive, royalty-free, worldwide license to use the granting party’s Marks for the limited purpose of identifying the relationship between the parties in marketing, promotional, and advertising materials. This includes, but is not limited to, use on websites, social media, presentations, case studies, and other marketing collateral.
Each party agrees to use the other party’s Marks in compliance with any brand guidelines provided by the granting party. Either party may revoke this permission by providing written notice to the other, after which the receiving party will cease using the granting party’s Marks in future marketing materials within a reasonable timeframe.
Prohibited Uses
For more information on what activities are prohibited on our Platform, please visit our Content Policy.
Confidentiality
From time to time during the Term, either party (as the “Disclosing Party”) may disclose or make available to the other party (as the “Receiving Party”) non-public, proprietary, and confidential information (whether written, oral, or electronic) of the Disclosing Party that may or may not be labeled as “confidential” (“Confidential Information”). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession on a non-confidential basis prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (z) not disclose any such Confidential Information to any person or entity, except to Receiving Party’s personnel or agents who need to know the Confidential Information to assist Receiving Party in performing its obligations under these Terms, and who are bound by confidentiality obligations consistent with this Section as to such Confidential Information. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements reasonably in advance of any such compelled disclosure, so as to afford Disclosing Party the opportunity to seek, at its sole cost and expense, a protective order or other remedy.
Intellectual Property
The Platform and the Content are protected by copyrights, trademarks, and other proprietary rights. Accordingly, you are not permitted to use the Platform or Content in any manner, except as expressly permitted by the Company in these Terms. The Platform and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
Copyright. You should assume that everything you see or read on the Platform is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Platform will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Platform are either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Platform. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of the Company or such third party that may own a trademark displayed on the Platform. Your misuse of the Company’s trademark(s) displayed on the Platform, or any other Content on the Platform, except as provided herein, is strictly prohibited.
Your Content. You are solely responsible for your use of the Services and any Content you authorize for use on the Platform, or which is submitted via your Customer Accounts (“Your Content,” which is a subset of Customer Content).
As between you and the Company, you retain ownership of Your Content. However, by submitting or authorizing us to display Your Content, you hereby grant to us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through unlimited levels of sub-licenses) to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, and distribute Your Content in any and all media (now known or later developed) throughout the world and to display your name, images, likeness, voice, video, and any such other Content that you submit, link, or otherwise make available through the Platform, on or off the Platform, including for purposes of promoting our Services.
To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to the Company’s exercise of this license.
You agree that this license includes the right for us to provide, promote, and improve the Platform and to make Content submitted to or through the Platform available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and Services, subject to our terms and conditions for such Content use.
No compensation will be paid with respect to Content that you submit through the Services.
Some of the live audio/video events hosted on or through the Services may be recorded. By using the Services and attending/participating in such audio/video events, you agree to any such recordings and agree that all rights, titles, and interests in such recordings will vest in the Company.
You should only submit Content to the services that you are comfortable sharing with others under these Terms.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platform. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, the Company may monitor your or Users’ use of the Platform and collect and compile Aggregated Statistics. As between the Company and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by the Company. You acknowledge that the Company may compile Aggregated Statistics based on data input into the Platform. You agree that the Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you or your Confidential Information.
Questions regarding the use of any intellectual property provided on the Platform should be directed to policy@glasshouse.biz.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORM, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORM SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
Indemnification
You will defend, indemnify, and hold harmless the Company and its directors, officers, employees, and agents (“Company Indemnified Parties”) from and against any and all losses, costs, fees, liabilities, damages, and expenses (including attorney costs and litigation fees) (“Losses”) incurred by Company Indemnified Parties resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) arising out of or relating to (a) your or an Authorized User’s unauthorized use of the Platform; (b) your use of the Platform; (c) Your Content; or (d) the unauthorized actions, errors, omissions, negligence, willful misconduct, violations of law, or fraud of you or your Authorized Users.
The Company will defend and indemnify you and your directors, officers, employees, and agents (“Customer Indemnified Parties”) at the Company’s expense, against any Losses incurred by Customer Indemnified Parties resulting from any Third-Party Claim arising out of or relating to an allegation that your authorized use of the Platform infringes or violates any third party’s intellectual property right. The foregoing obligations are conditioned on the following: (a) you must give Company prompt written notice of any claim, (b) Company shall have the right to control the defense and settlement of the claim, and (c) you shall reasonably cooperate with Company in connection with the defense of the claim, at Company’s request and expense. If Company believes that there is a likelihood of a successful claim of infringement, Company may, at Company’s sole option and expense modify or substitute the affected Platform, obtain the right to continued use for a reasonable period of time as determined by Company, or terminate the license to the affected Platform (or portion thereof), and refund to you a portion of the pre-paid fees attributable to the period after such termination, if any. Company will have no obligation under this section to the extent any claim or liability is based upon: (i) modifications to the Platform not made by Company; (ii) products and services not supplied by Company; (iii) work performed to your specifications; (iv) Your Content and not the Platform; or (v) your failure to use an updated version of the Platform provided or offered by Company. This section sets forth the Company's sole liability and your exclusive remedy for indemnification and infringement.
Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU AND GLASSHOUSE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND GLASSHOUSE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS ARE NOT PERMITTED.
Binding Arbitration Agreement, Exceptions to Arbitration, Governing Law & Venue
Agreement to Arbitrate and Class Action/Class Arbitration Waiver.
You and GlassHouse each agree that any and all disputes between GlassHouse and users arising under or related in any way to these Terms and/or your use of the Platform or our Services must be resolved through binding arbitration. If an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the remainder of this dispute resolution section will nevertheless still apply (including the prohibition on class arbitration).
Arbitration Procedure.
Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Nashville, Tennessee.
For any claim where the total amount of the award sought is $10,000 or less, you and GlassHouse may elect to have the arbitration conducted by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom) or based solely on written submissions, which election shall be binding on you and GlassHouse subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or GlassHouse may attend by audio and/or video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom), unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Governing Law and Venue.
All claims subject to these Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the Platform, shall be governed by the laws of the State of Delaware without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. To the extent any claim is not required to be arbitrated under this section, such claim shall be brought and litigated exclusively in the state courts located within Franklin, Tennessee.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls
You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates, and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you with informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from or on behalf of the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following the instructions provided in our communications to you.
Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company. You remain responsible for ensuring that your use of such messaging features complies with all applicable laws and regulations.
Third-Party Websites
The Platform may contain links to websites and platforms controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including, without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Platform, including any delivery of and payment for goods and services.
Third-Party Applications
You acknowledge that your access and use of any third-party applications or software on the Platform and Content (the “Third-Party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
Digital Millennium Copyright Act Compliance
Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting a written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(iv) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement that the information in the notification is accurate; and
(vii) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter Notification. If you elect to send our copyright agent a counter notice, to be effective, it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(i) a physical or electronic signature;
(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(iv) adequate information by which we can contact you, including your name, address, and telephone number; and
(v) a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter notice. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The Company’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:
GlassHouse Inc. - policy@glasshouse.biz
A summary of the DMCA can be obtained from the U.S. Copyright Office.
United States Only
The Company provides this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its contents are accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries.
Mutual Representations and Warranties
Each party represents, warrants and covenants that (a) it has the full corporate right, power and authority to enter into these Terms, (b) the execution of these Terms by and the performance of its obligations and duties hereunder do not and will not violate any agreement to which it is a party or by which it is bound, and (c) it shall use commercially reasonable efforts to prevent unauthorized access to, and maintain and assure the strict confidentiality of, all Confidential Information during the Term.
Changes to These Terms
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Platform after any such change is posted on the Platform or otherwise communicated shall constitute your consent to such change(s).
Counterparts; Electronic Signatures
These Terms may be executed in any number of counterparts. Unless otherwise prohibited by law, these Terms and related documents (including the Order) may be accepted in electronic form (e.g., by an electronic or digital signature, symbol, initial, checkbox, or other means of demonstrating assent as defined under the U.S. federal ESIGN Act of 2000) and your acceptance will be deemed binding on you. You acknowledge and agree that you will not contest the validity or enforceability of these Terms and related documents, including under any applicable statute of frauds, because they were accepted and/or signed in electronic form.
Force Majeure
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for your obligations to make payments to Company hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): weather and other Acts of God, government restrictions or orders, pandemics or epidemics, acts of terrorism, widespread Internet outage(s), wars, insurrections and/or any other cause beyond the control of the Impacted Party. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section, either party may thereafter terminate these Terms.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Platform. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Digital Communication Methods
You agree to allow GlassHouse and all of its subsidiary entities to communicate on your behalf with your clients (via email, SMS or MMS formats) for the Platform, services, processing payments and/or notifications related to scheduled and completed work. This communication will be represented as on behalf of your business and your clients will have the option to opt out of email, text, SMS communications. You, as the customer of GlassHouse, will be responsible for managing the options to utilize email or text communications to your customers in accordance with their option to decline methods that they do not wish to participate in and for ensuring that such communications comply with all applicable laws, regulations, and industry standards.
Contact Information
We value your opinions and welcome your feedback. To contact us about these Terms, please contact us at: policy@glasshouse.biz
Disclaimer
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE PLATFORM WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.