image


GLOBAL CONNECT TERMS OF SERVICE



EFFECTIVE DATE: October 20, 2018

LAST REVISED: September 27, 2018


Welcome! Global Connect’s mobile application and website (available at connect.globalp.com) are owned and operated by Global Companies LLC and its affiliates, including without limitation, Global Montello Group Corp. (collectively, “Global”, “we” or “us”).


PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES, YOU AFFIRM THAT:


IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “WARRANT DISCLAIMER,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION” below for more information.

By using the Services, you are electronically signing these Terms. You understand and agree that your electronic signature is the legal equivalent of your manual signature.


IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

  1. WHEN DO THESE TERMS APPLY?


    These Terms apply to your use of the Global Connect mobile application and connect.globalp.com website. For simplicity, we refer to these as “Services.”


    Certain Services may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms and conditions before using these Services. These Terms and the additional terms and conditions will apply equally.


    If you purchase product from Global pursuant to a written contract, the terms and conditions of such contract are made a part of, and incorporated by reference into, these Terms.


    To the extent that any additional terms and conditions are inconsistent with any provision of these Terms, the additional terms and conditions will prevail but solely to the extent of that inconsistency.


  2. WILL THESE TERMS EVER CHANGE?


    The Effective Date of these Terms is set forth at the beginning. We are constantly trying to improve the Services. As we add new features, we may revise or supplement these Terms. We will provide you with at least 10 days’ advance notice of any revision to these Terms that we believe is material by posting a notice in the Services, sending you an email or by some other means that we believe will notify you. We will not make revisions that have a retroactive legal effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Terms supersede all previous versions of, or agreements, notices or statements about, these Terms.

  3. WHAT ABOUT MY PRIVACY?


    We take your privacy seriously. For our current Privacy Policy, please go here.


    Without limiting the terms of our Privacy Policy, you understand that Global does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. Except as expressly required by law, Global is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services. Global reserves the right at all times to disclose any information as Global deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the security of personal information and the Services.

  4. WHAT ARE THE BASICS OF USING THE SERVICES?


    YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE ONLINE SERVICES. By accessing, using and/or submitting information to or through the online Services, you represent that you are at least age 18.


    You must have a user name and personal identification number or password (“Account”) in order to access and use certain features of the Services.


    You may not select as your login credentials a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. Please do not share your Account or password with anyone. You are responsible for the security of your Account and any activity associated with your Account. You are responsible for keeping the information associated with your Account up to date. Please notify us if you discover or otherwise suspect that the security of your Account is compromised.


    If you are using the Services on behalf of an employer, you represent and warrant that you are authorized to accept these Terms on such employer’s behalf and that the employer agrees to be responsible to us if you, or your employer violates these Terms.


    If you agree to these Terms, then Global grants you a limited, non-exclusive, and nontransferable license to download, install and/or use the Services and the Content (see Section 5) for commercial use on your, or your employer’s, computer, mobile device or tablet (your “Device”).


    You must use the Services in compliance with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your use of the Services in a way that breaks the law.


    You represent, warrant and agree that you will not use the Services to do any of the following:


    1. Infringe or violate the intellectual property or other rights of any person or entity (including Global);

    2. Violate any law;

    3. Do any act that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;

    4. Jeopardize the security of your or anyone else’s Account (such as allowing someone else to log in to the Services as you);

    5. Attempt in any manner to obtain Account or other security information from any other user;

    6. Breach, test, circumvent (or attempt to breach, test or circumvent) any security protection or access management feature in the Services or otherwise attempt to gain unauthorized access to the Services or Global’s computer systems or networks;

    7. Run any bot or process that runs or is activated while you are not logged into the Services or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

    8. Crawl, scrape, index or extract web data from any part of the Services or one of Global’s other digital properties;

    9. Use the Services to send unsolicited messages or advertisements;

    10. Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any feature or functionality of the Services (including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one Device at any time);

    11. Transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware or any other program that may be harmful or dangerous, whether accidentally or intentionally;

    12. Reformat or frame any portion of the Services without Global’s written consent;

    13. Decompile, reverse engineer, decode or otherwise attempt to derive or obtain the source code or underlying ideas or information of or relating to the Services (unless applicable law specifically prohibits this restriction).


    We can terminate your right to use the Services if you violate any of the above rules.


    You are responsible for your Device and the internet services that you need to access and use the Services. You are responsible for any and all message, data and other fees related to use of the Services through your Device.


    Based on your settings, when you use our mobile application on your Device connected to the internet, updates automatically download and install or you may receive notice of or be prompted to download and install available updates. Please promptly download and install all updates to ensure that the Services operate properly.

  5. WHAT ARE MY RIGHTS IN THE SERVICES?


    The materials displayed or performed or available on or through the Services, including information, text, graphics, data, photos, images, illustrations and User Information (defined in Section 6) (collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services and not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates the rights of another person or entity (including Global). You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notice contained in the Services.


    Except as expressly provided herein, you agree not to copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on or otherwise exploit any of the Content or Services


    You understand that Global owns the Services. We license (but do not sell) the Services to you.

  6. DO I HAVE TO GRANT ANY LICENSE OR OTHER RIGHTS TO GLOBAL?


    Anything you send, upload, share, store or otherwise provide through the Services is your “User Information.”


    In order to enable us to provide you with the Services as described in these Terms, you grant Global a license to translate, modify (for technical purposes, such as to ensure that submissions are viewable on your Device) and reproduce and otherwise act with respect to User Information. This is a license only – your ownership in your User Information is not affected. Also, your license to us is subject to our Privacy Policy to the extent that your User Information contains personal information.


    If you provide us (in a direct email or otherwise) with any feedback, suggestion, improvement, enhancement and/or features relating to the Services (each of the foregoing, a “Submission”), then you grant Global the license above, as well as all other rights necessary for Global to enhance its services by incorporating your Submissions.


    You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, irrevocable and worldwide. When you delete the Services, we may continue to use information derived from your User Information and Submissions for the purpose of creating, improving or developing the Services.


    Finally, you understand and agree that Global may need to make changes to your User Information and Submissions to conform and adapt the User Information to the technical requirements of networks, other connections and your Device and the licenses you granted above include the rights to do so.

  7. WHAT ARE MY RESPONSIBILITIES IN USING THE SERVICES?


    You are responsible for all User Information and Submissions that you provide to Global and you represent and warrant that you have all rights necessary to grant us the rights that you grant us by these Terms.


    EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY OR THESE TERMS, GLOBAL IS NOT RESPONSIBLE OR LIABLE FOR ANY USER INFORMATION.


    Remember: you are responsible for maintaining all information associated with your Account and for all of your activity through the Services.

  8. WILL GLOBAL EVER CHANGE THE SERVICES?


    We’re always trying to improve the Services so they may change over time. We may suspend or discontinue any part of the Services or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content or User Information from the Services in our sole discretion and without notice.

  9. WHAT IF I WANT TO STOP USING THE SERVICES


    You may stop using the Services at any time for any reason.


    Global reserves the right immediately to suspend or terminate your access to the Services without notice if Global believes you violated these Terms. Global has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.


    We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important User Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of Global.


    If you have deleted a Global mobile application or your Account by mistake, please contact us at globalconnectsupport@globalp.com or by telephone at 1-800-685-7222. We will try to help, but unfortunately cannot promise that we will be able to recover or restore anything.


    Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination. By way of example, all of the following provisions will survive termination: any limitation on our liability; terms regarding ownership or intellectual property rights; any obligation you have to pay us; and terms regarding disputes between us.


  10. WHAT ELSE DO I NEED TO KNOW?


    Warranty Disclaimer: WHILE GLOBAL ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE SERVICES AND CONTENT, THE SERVICES AND CONTENT ARE PROVIDED BY GLOBAL “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


    Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GLOBAL AND ITS REPRESENTATIVES, AGENTS AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“GLOBAL PARTIES”) ARE AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR CONTENT.


    EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR ANY WRITTEN CONTRACT BETWEEN YOU OR YOUR EMPLOYER AND GLOBAL, IN NO EVENT WILL GLOBAL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).


    IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, GLOBAL PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.


    You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Global would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.


    Governing Law; Dispute Resolution. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts, USA in all disputes (a) arising out of, relating to, or concerning the Services and/or these Terms, (b) in which the Services and/or Terms are at issue or a material fact, or (c) in which the Services and/or Terms are referenced in a filing with a court, tribunal, agency or other dispute resolution organization.


    YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GLOBAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


    You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.


    YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.


    Indemnification. You agree to defend, indemnify and hold harmless the Global Parties from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys' fees brought against any of them by any third party arising out of or related to your violation of these Terms or use of the Services. Global reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Global may be made without Global’s prior written approval.


    Global agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party’s U.S. patent, copyright or trademark right.


    Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without Global’s prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without your consent.


    Services Platform Terms. When you download the Services from a third-party applications store (the “Services Platform”), you acknowledge and agree that:


    U.S. Government Rights. The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.


    Miscellaneous Legal Terms. You are responsible for paying, withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services (if any). The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Global agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Global and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If Global is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance for other than payment will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls. Except as expressly set forth in the Services Platform Terms subsection, you and Global agree that there are no third party beneficiaries intended under these Terms.

    NOTICE TO CALIFORNIA RESIDENTS:

    BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


    If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:


    The provider of the Services is: Global Montello Group Corp., 800 South Street, Suite 500, Waltham, MA 02453.


    If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to globalconnectsupport@globalp.com or to Global Montello Group Corp., 800 South Street, Suite 500, Waltham, MA 02453 Attn: General Counsel.


    NO INVESTMENT ADVICE

    No materials presented within the Services should be regarded as investment advice. Global does not offer to sell or solicit offers to buy securities through the Services. If you are interested in purchasing securities in Global, it is recommended that you contact a licensed investment advisor and review all SEC submitted documents, such as 10-Ks and 10-Qs, before making a purchase of any securities. Data and information is provided for informational purposes only, and is not intended for trading purposes.


    YOUR ELECTRONIC SIGNATURE

    You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide Global any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing. You also agree that no third party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Services constitutes your agreement to be bound by Global’s Terms of Service and Privacy Policy as they exist on the date of your electronic signature.

    QUESTIONS ABOUT THESE TERMS?

    If you have any questions, comments or concerns regarding these Terms or the Services, please contact us:

by e-mail at globalconnectsupport@globalp.com, or


by telephone at1-800-685-7222, or


by U.S. mail at 800 South Street, Suite 500, Waltham, MA 02453, Attn: On-Line Buying Manager.