Terms and Conditions of Service
Read the Terms and Conditions of Service below, as they cover the terms and conditions that apply to your use of the services available to you on this website (the “Service,” “Website,” or “Site”).
General Terms and Conditions
In consideration of use of the Service, you agree to: (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, Gleim Publications, Inc. and Gleim Internet, Inc. (“Gleim”) has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service unless a specific written agreement to do so has been entered into by you and Gleim.
You acknowledge and agree that you must: (1) provide for your own access to the Internet and pay any service fees associated with such access, (2) provide and be responsible for operation of all equipment necessary for you to make such connection, and (3) accept reasonable down times which may or may not be within our control.
By using the gleim.com Website, including any applets, software, scripts, and content contained therein, you agree that use of the Service is entirely at your own risk.
THE SERVICE AND ALL SOFTWARE PROGRAMS ASSOCIATED THEREWITH IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, GLEIM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER GLEIM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF GLEIM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
THE PUBLICATIONS AND ONLINE SERVICES OF GLEIM PUBLICATIONS AND GLEIM INTERNET ARE DESIGNED TO PROVIDE ACCURATE AND AUTHORITATIVE INFORMATION WITH REGARD TO THE SUBJECT MATTER COVERED. THEY ARE SOLD WITH THE UNDERSTANDING THAT GLEIM PUBLICATIONS AND GLEIM INTERNET, AND THEIR RESPECTIVE LICENSORS, ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL PERSON SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE PARTICULAR PUBLICATION OR ONLINE SERVICES TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF YOUR SELECTED PUBLICATION OR ONLINE SERVICES OR ANY CONTENT RETRIEVED THEREFROM, INCLUDING THOSE TO ANY THIRD PARTY, FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS.
Gleim is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing on the Site. You may not download and/or save a copy of any of the screens, except as otherwise provided in these Terms and Conditions of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, or other countries, as well as applicable state laws and may be subject to penalties. Gleim does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. Gleim reserves the right to change any content information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking certain links within this Website might take you to other websites for which Gleim assumes no responsibility of any kind for the content, availability, or otherwise. (See “Links from and to this Website” below.) The content presented on this Site may vary depending upon your browser limitations.
Third Party Provided Content
Some information on this Site, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional purposes. Neither Gleim nor any of its affiliates or content providers shall be liable for any errors or delays in the content of such information or reference materials, or for any actions taken in reliance thereon.
User Conduct On the Service:
While using the Service, you may not: restrict or inhibit any other user from using and enjoying the Service; or post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law, including without limitation the U.S. export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Gleim), or engage in spamming or flooding; or post or transmit any information or software which contains a virus, Trojan horse, worm, or other harmful component; or post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); or upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or upload, post, publish, reproduce, transmit, or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
Gleim has no obligation to monitor the Service. However, you acknowledge and agree that Gleim has the right to monitor the Service electronically from time to time to operate the Service properly or to protect itself or its subscribers and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request. Gleim reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions of Service.
Failure to Comply With Terms and Conditions of Service and Termination:
You acknowledge and agree that Gleim may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that Gleim in its sole discretion believes violates any of the Terms and Conditions of Service, violates the rights of Gleim, or is otherwise inappropriate for continued access.
You acknowledge and agree that Gleim may in its sole discretion deny you access through Gleim’s Website to any materials stored on the Internet, or to access third party services, merchandise, or information on the Internet through Gleim’s Website, and Gleim shall have no responsibility to notify any third-party providers of services, merchandise, or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify, and hold Gleim and its affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software, or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions of Service by you or users of your account.
Links from and to this Website:
You acknowledge and agree that Gleim and any of its website affiliates have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Gleim or its affiliates of the sponsors of such sites or the content, products, advertising, or other materials presented on such sites.
Information in the many web pages that are linked to Gleim’s Website comes from a variety of sources. Some of this information comes from official Gleim licensees, but much of it comes from governmental agencies or unofficial or unaffiliated organizations and individuals, both internal and external to Gleim. Gleim does not author, edit, or monitor these governmental agencies or unofficial pages or links. You acknowledge and agree that Gleim shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites or resources.
Gleim is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Gleim liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete, and current. The merchants and information and service providers offering merchandise, information, and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
The Terms and Conditions of Service and the relationship between you and Gleim shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Gleim agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.
The failure of Gleim to exercise or enforce any right or provision of the Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Gleim Publications, Inc. guarantees the immediate refund of all resalable texts, unopened and un-downloaded Test Prep Software, unactivated X-Plane Flight Training Course software, and unopened un-downloaded audios returned within 30 days of purchase. Accounting and Academic online Test Prep and other online courses may be canceled within 30 days of purchase if no more than one study unit or lesson has been accessed. In addition, Online CPE courses may be canceled within 30 days of adding the course to your Personal Transcript if the Outline has not yet been accessed. Accounting Exam Rehearsals and Practice Exams may be canceled within 30 days of purchase if they have not been started. Aviation Test Prep Online may be canceled within 30 days of purchase if no more than the first study unit has been accessed. Other Aviation online courses may be canceled within 30 days of purchase if no more than two study units have been accessed. This policy applies only to products that are purchased directly from Gleim Publications, Inc. No refunds will be provided on opened or downloaded Test Prep Software or audios, activated X-Plane Flight Training Course software, partial returns of package sets, or shipping and handling charges. Any freight charges incurred for returned or refused packages will be the purchaser’s responsibility. For more information regarding the Gleim Return Policy, please contact our offices at (800) 874-5346.
Complaint Resolution Policy
For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 874-5346.
If you believe your purchase is defective within the first 30 days of your purchase, please call Technical Support at (800) 874-5346 or (352) 375-0772 or go to http://www.gleim.com/support/. If the Technical Support agent determines that your product should be replaced, you will receive authorization to return the product.
Wrong Items Shipped
If you receive items you did not order, call (800) 874-5346 or (352) 375-0772. You will receive authorization to return the product.
You may pay by credit card no matter which ordering method you use (Internet, fax, mail, or phone). Gleim accepts Visa, MasterCard, American Express, and Discover cards. Your credit card will be charged when your order is shipped.
Check or Money Order
If you wish to pay by check or money order, you may order by phone at (800) 874-5346 and then mail payment to Gleim. The check or money order must be payable to Gleim Publications, Inc. Mail your payment with a description of your order and street address for shipping purposes to this address:
GLEIM PUBLICATIONS, INC. P.O. Box 12848 University Station Gainesville, Florida 32604
Gleim must receive your payment within 30 days or your order will be canceled. Gleim will ship your order approximately one business day after payment is received.
UPS E-Mail Service
UPS will send your tracking number for your order by e-mail if your order is shipped by UPS and you have given us your correct e-mail address. You may call or e-mail Gleim at any time to confirm your order or to obtain proof of purchase.
Gleim will collect sales tax as may be required by law for items purchased from Gleim at the statutory rate in effect at the shipping address. If you order by phone, the Gleim sales agent will tell you the final total at the time you place your order.
Tax Exempt Orders
If you are placing an order on behalf of a tax-exempt organization, please call (800) 874-5346. Be prepared to provide proof of tax exempt status [501 c(3) certificate or equivalent] for the state where the product will be shipped.
Value Added Tax
The Value Added Tax, or VAT, in the European Union (EU) is a general, broadly based consumption tax assessed on the value added to goods and services.
Although Gleim Publications, Inc. is not an EU producer, Gleim products are subject to VAT as required by the EU to keep the system fair for EU producers.
The VAT collected only covers the electronic material included in your order (including, but not limited to Test Prep Software, Audio Reviews, and Online Courses).
VAT will be collected by the shipping courier (FedEx, UPS, DHL) for all shippable items (including, but not limited to Books and Bag).
Please direct any questions you may have to our international sales representatives at email@example.com, or via telephone during business hours at 352.375.0772.
Gleim attempts to ship all orders within one business day of receipt and payment. Delivery time will vary depending on the shipment method chosen.
The price you will be charged is the price in effect on the day you place your order, plus applicable sales tax and shipping charges. Gleim reserves the right to change prices for products displayed on the Gleim Website at any time.
Some products may be available in limited quantities. Gleim reserves the right to restrict the number of such items that you may purchase. Gleim will notify you as soon as practicable of limitations on product availability and purchasing. This information is subject to change.
If Gleim cannot ship within 30 days from the date Gleim receives your payment, we will notify you by mail and provide more specific information.
Gleim Publications Single-User Policy and Licensing Agreement
Any online component of Gleim Publications is intended for your own personal use as a single user.
Online components may be used on an unlimited number of computers and mobile devices as long it is being used by the same single user. This license cannot be transferred to another user at any time.
Use of any online component by more than one person is a violation of this agreement. It will be grounds for immediate deactivation of your online account, and any online components you have purchased from Gleim will not be refunded.
Software License Agreement
Unless otherwise stated, the terms and conditions set forth in the following Software License Agreement shall apply to all software sold by Gleim through this Website:
License. The software, documentation, and any fonts accompanying this License whether on disk, in the form of an online course, in read only memory, on any other media, or in any other form (the “Gleim Software”) are licensed to you by Gleim Publications, Inc. (“Gleim”). You may own the media on which the Gleim Software is recorded but Gleim and/or Gleim’s licensor(s) retain title to the Gleim Software. The Gleim Software and any copies made under this License are subject to this License. Permitted Uses and Restrictions. Unless otherwise stated, this License allows you to install and use the Gleim Software on a maximum of two computers. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works from the Gleim Software. You, as the owner of a current license of a version of Gleim Software, may not transmit the Gleim Software over a network unless written permission to do so is specifically granted to you by Gleim. Your rights under this License will terminate automatically without notice from Gleim if you fail to comply with any term(s) of this License.
This software is licensed for one (1) individual user.
The licensee (user) should be the only person using the software.
Each license allows the licensee to install this software onto a maximum of two (2) computers owned or primarily used by the licensee.
Disclaimer of Warranty on Gleim Software. You expressly acknowledge and agree that use of the Gleim Software is at your sole risk. The Gleim Software is provided “AS IS” and without warranty of any kind and Gleim and Gleim’s licensor(s) (for the purposes of the provisions governing Disclaimer of Warranty and Limitation of Liability, Gleim and Gleim’s licensor(s) shall be collectively referred to as “Gleim”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. GLEIM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GLEIM SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE GLEIM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GLEIM SOFTWARE WILL BE CORRECTED.
FURTHERMORE, GLEIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GLEIM SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLEIM OR AN AUTHORIZED GLEIM REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE GLEIM SOFTWARE PROVE DEFECTIVE, YOU (AND NOT GLEIM OR AN AUTHORIZED GLEIM REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GLEIM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Gleim’s total liability to you for all damages exceed the amount paid for this License. Export Law Assurances. You may not use or otherwise export or reexport the Gleim Software except as authorized by United States law and the laws of the jurisdiction in which the Gleim Software was obtained. In particular, but without limitation, the Gleim Software may not be exported or reexported into (or to a national or resident of) any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Gleim Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. SALES TO THE U.S. GOVERNMENT: The Licensed Software Products provided under this Agreement are commercial computer software programs developed exclusively at private expense. Use, duplication, and disclosure by civilian agencies of the U.S. Government shall be in accordance with FAR 52.227-19(c) or other agency data rights provisions, as may be applicable. Use, duplication and disclosure by U.S. Government Department of Defense agencies is subject solely to the terms of standard software License Agreement as stated in DFARS 227.7202. The Contractor/ manufacturer is GLEIM PUBLICATIONS, INC., Post Office Box 12848, University Station, Gainesville, Florida 32604. Copyright. All rights reserved. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of Florida. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Any action arising out of or related to this Software License Agreement shall be brought only under the jurisdiction of a court located within the state of Florida. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Gleim Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Gleim.
GleimTalk Study Rooms End-User Licensing Agreement
These terms may be changed by us from time to time by posting on the Service, so please check periodically to ensure you understand the terms covering your use of the Service. Any use of the Service following the effective date of the updated Terms constitutes your agreement to the updated Terms. If you do not agree with these Terms or any updated Terms, you may not use the Service.
The GleimTalk Service
GleimTalk is a virtual conference or meeting service that mimics the physical world. Gleim has patent-pending multi-listen technology that allows participants to be placed in unique chairs thereby having each virtual meeting participant’s voice come from a constant and set position. Thus, when multiple people speak simultaneously – like in the real world – voices do not block each other, but allow you to hear and understand multiple voices at the same time.
Registration, User Accounts, and Eligibility
Use of the Service is available only to persons who can enter into legally binding contracts under applicable law. If you are a minor (i.e., under the age of 18 years, not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person) you may use the Service under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by these Terms.
In connection with your use of the Service, you may receive or establish an account (“Account”), whether temporary (i.e., one-time use only for one particular Conference) or persistent (usable for multiple Conferences). You are solely responsible for maintaining the confidentiality and security of your Account information, including your password and username. You should not reveal your nonpublic Account information to anyone else, and must not use, or attempt to access or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Gleim of any unauthorized use of your Account or any other breach of security, including any unauthorized participants in a Conference. Gleim shall not be responsible for any losses arising out of unauthorized use of your Account. Subscribers and Participants are each users for the purposes of these Terms.
If you have purchased a paid subscription for the Service, you agree that you shall make all necessary payments using your credit card, Internet banking account, or any other recognized electronic/digital modes of payment through Gleim’s or one of its payment partners’ websites. Gleim may use one or more third-party payment processor(s) and additional terms and conditions will apply to your transactions with such processor. You agree, understand, and confirm that the credit card or payment account details provided by you will be correct and accurate and you are using a credit card or financial account that you are legally authorized to use for this purpose.
In consideration for use of the Service, you agree to pay Gleim the subscription or other fees (“Fees”) as set forth in the website or other location from which you have subscribed for the Service, and you agree that Gleim or its payment processor may charge such amounts against the account information provided by you. If you have agreed to a subscription with multiple payments, you are authorizing Gleim to continue to apply such charges on the dates or schedule provided for until proper termination of the subscription by you in accordance with the terms of your subscription. Gleim reserves the right to amend or revise the Fees for the Service from time to time. You shall be responsible to pay the applicable taxes (i.e., any and all federal, foreign, state, or local sales, use and excise taxes, duties, and levies) and any other assessments in the nature of taxes however designated on the purchase/license and/or use of the Service. It is understood and agreed that the Fees are exclusive of all such taxes, duties, and other assessments unless expressly stated otherwise.
License for Subscribers
For subscribers of Service, you are granted a limited, non-transferable, revocable, non-exclusive, non-sublicensable license to use the Service and the functionality of the Service for which you have subscribed, which includes the right to grant participants the rights to access and use participant functionality of the Service for purposes of attending, viewing, and/or participating in a conference, meeting, seminar, discussion, presentation, virtual classroom, or other event or interaction utilizing GleimTalk (any of the foregoing referred to as a “Conference”), subject to each such participant’s acceptance of and compliance with these Terms. Your license and rights hereunder are subject to the terms and conditions hereof, including, if applicable, continued timely payment on the terms to which you have agreed.
License to Use for Participants
Subject to compliance with these Terms (including payment of applicable fees in the case of subscribers), Gleim grants you a limited, non-transferable, revocable, non-exclusive, non-sublicensable license to use the Service for the Conference to which you have been invited by or on behalf of the subscriber, and to utilize the participant functionality on the Service via the user interfaces provided by Gleim. If you are provided with ongoing access to a prerecorded Conference, your continued access is subject to the applicable subscriber’s continuing payment and compliance with the terms hereof.
BACCH 3D Sound Technology
GleimTalk incorporates BACCH 3D Sound technology from Princeton University. Neither Gleim nor GleimTalk is supported, endorsed, or sponsored by Princeton University. This technology is covered by United States Provisional Patent Application #61/379,891 (“Optimal crosstalk cancellation for binaural audio with two loudspeakers”), Patent Cooperation Treaty US2011/50181 (“Spectrally Uncolored Optimal Crosstalk Cancellation for Audio through Loudspeakers”) and United States Patent Application No. 13/820,230 (“Spectrally Uncolored Optimal Crosstalk Cancellation for Audio through Loudspeakers”), or the patents issuing as a result of such applications. You agree that you will not alter, modify, dilute, or otherwise misuse trade names, trademarks, service marks, logos, trade dress, domain names, and other distinctive brand features of Princeton University or associated with the BACCH Filter, or bring same into disrepute.
Intellectual Property; License Restrictions
You acknowledge and agree that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Service including its underlying software (but specifically excluding the User Content) are and shall remain with Gleim. You are acquiring only the right to use the Service under these Terms and you are not acquiring any ownership rights or title in or to the Service or any copy thereof, including without limitation in or to any copyright or other proprietary rights in the Service, either express or implied. All rights in and to the Service not expressly granted herein are reserved by Gleim. Gleim may, but is not obligated to, add and make available additional features or functions, programming fixes, updates, upgrades, or versions to the Service (“Updates”). You may have to enter into a new version of these Terms if you want such Updates, and some Updates may require the payment of additional Fees. All Updates, modifications, and extensions to the Service shall be considered part of the Service.
You shall not have the right to reproduce, modify, adapt, create derivative works of, decompile, disassemble, extract, hack, exploit unauthorized access to, or reverse engineer any of the Service or its underlying software or otherwise derive or seek to derive the source code and any other ideas, algorithms, concepts, or procedures from the Service or its underlying software, and you shall not sublicense, rent, lease, or provide services to or for others via or based upon the Service. You further agree that you will not re-face or link to any part of the Service within a frame in a manner designed to represent or imply that any of our products or services are your or another third party’s product or service. You shall not remove any proprietary, copyright, trademark, or service mark legend from the Service.
User Content and Certain User Restrictions
By submitting (whether by uploading, recording, streaming, or inputting) or linking to any information, video, data, text, software, music, sound, photographs, graphics, messages, or other materials to or through the Service, including without limitation, Conference materials or your provision of your audio and image during Conference participation (collectively, “User Content”), you hereby represent to Gleim that you have the right and authority to provide, submit, enter, or link to such User Content without violation of law or infringement of any third party’s intellectual property rights or publicity or privacy rights. Additionally, any such User Content submitted by you through the Service constitutes a representation by you to Gleim that you have the right to display, reproduce, perform, play back, and/or perform such User Content publicly through GleimTalk for both the Conference in which you are participating and, if such functionality is enabled, for later persons viewing the Conference as a prerecorded event. By providing or submitting any such User Content (including by allowing it to be recorded by video, sound, or other input equipment), you hereby grant to Gleim the rights to reproduce, display, and publish such information to other parties on your Conference and, if such functionality is enabled, to later persons viewing the Conference as a prerecorded event.
You may not send, submit, post, or otherwise transmit any User Content or other messages or material that contain any software virus, or any other files that are designed to interrupt, destroy, or negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Service. You may not use the Service for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. You must comply with all applicable laws, rules, and regulations in connection with your use of the Service, including without limitation, your use of any personally identifiable information which may be sent, received, or otherwise obtained by you in connection with the Services or any Conferences, all laws relating to recording of communications of others, and your transmittal or posting of any User Content on the Service. If you are using the Service in connection with your employment or as part of any academic or other institution or entity, you represent that your use of the Service and provision of any User Content shall comply with all policies and requirements of your employer or the institution or entity.
Without limiting any of the foregoing, you may not use the Service for any of the following purposes:
Disseminating, sharing, or posting any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, sexual or sexually explicit, obscene, or otherwise objectionable material.
Engaging in conversations that constitute bullying or are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.
Impersonating or falsely suggesting or claiming any affiliation with any other person or entity.
Gaining unauthorized access to other computer systems.
Interfering with any other person’s use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or web sites connected to the Website.
Using the Service for any illegal file sharing or posting, uploading, sharing, making, transmitting, distributing, or storing any materials protected by copyright or other intellectual property laws without the permission of the owner. This includes using or providing music, video, images, or text for which you do not own or have sufficient use rights for such materials.
Please note this list is not comprehensive and we reserve the right to filter, remove, or delete any User Content, or terminate any Conference, if we believe any such User Content or your (or any participant’s) use of the Service is objectionable or may expose Gleim, our other users or any other third party to any damage, injury, or liability.
We expect all users to be team players in keeping GleimTalk Conferences and other interactions helpful, friendly, and safe. However, when using the GleimTalk Service, you may be exposed to User Content, from a variety of sources including opinions, materials, visual images, and audio from other Conference participants, and we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content which may be inaccurate, incorrect, false, outdated, infringing, offensive, indecent, or objectionable. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe. Users may report any behavior in violation of the above to us by contacting us at firstname.lastname@example.org. If we believe that a user may be violating any of the above (or any of these Terms) we reserve the right (but not the obligation) to investigate such activity, to suspend a user’s account or activity pending or following such investigation and to terminate a user’s account. You are agreeing to cooperate in any such inquiry and that we have full discretion to determine whether to investigate, the means of investigation, and the actions to be taken during or following such investigation.
You, or your licensors, retain full copyright of any User Content that you send us. By transmitting or posting any User Content to the Service, you hereby grant us a worldwide, irrevocable, fully transferable right to use, reproduce, distribute, modify, transmit, prepare derivative works of, display, perform, produce, aggregate, and otherwise use the User Content in connection with the Service for the Conferences (and if enabled any recording and playback of a prerecorded Conference) as well as in marketing, advertising, training, and educational material relating to the Service, including online or other digital media as well as in print. You further agree to indemnify us for any claim regarding our use of your User Content as set forth herein.
Loss of Content; Security; Unauthorized Viewing
Gleim utilizes industry standard reliability and security measures in an attempt to protect and preserve your data (including recorded Conferences); however, you acknowledge and agree it is impossible to guarantee complete security, transmission or storage of such content. Additionally, if our servers or the servers of third-party providers fail or become corrupt, we may lose and be unable to retrieve prerecorded Conferences or other data you have submitted via the Service. Additionally, if your account is closed for any reason, your content within the Service will be lost and/or inaccessible. Therefore, we urge you to maintain copies of all content submitted by you that you may wish to access or view later.
Although we attempt to secure the access to and viewing of Conferences by only authorized participants on the terms set by the applicable subscriber, it is possible that Conferences and portions thereof may be accessed, recorded, viewed, copied, distributed, and otherwise used by unauthorized third parties whether due to insecurity or errors in wireless or wired networks, servers, or other software or hardware, or unauthorized use of other persons’ account information. You understand and agree that we are not liable for such unauthorized accessing, recording, viewing, copy, distribution, or other use.
Platform and Vendor Requirements
The Service has been created to function across a wide variety of computers, mobile devices, browsers, and software configurations (“platforms”). However, we cannot guarantee that the Service will function on your platform or that all functionality will be enabled on a specific platform. The Service or certain features may function only partially or differently on some platforms and devices than on others. In addition, when hardware manufacturers or software developers make changes to their devices or software, as applicable, this may affect the functionality and appearance of the Service. Please contact our support team if you have questions on whether or not the Service is expected to function on your platform.
Other third-party software or technology that may be provided or distributed together with the Service will be subject to you explicitly accepting a license agreement with that third party. Gleim is not responsible for any non-performance or breach of any contract entered into between you and the third party. You release and indemnify Gleim and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of third-party providers and specifically waive any claims that you may have in this behalf under any applicable law.
The rights granted under these Terms are effective until terminated by us as follows: (i) we may terminate these Terms and your rights to use the Service upon your breach of these Terms or at the end of any period(s) for which Fees have been paid (except as otherwise provided above); and (ii) if you have not paid any fees for the Service, we may terminate your use of the Service or discontinue the Service at any time, with or without notice. Gleim may terminate your rights hereunder by denying access to Service, or by written notice including by electronic transmission to an email address or device indicated by you. Gleim’s rights and your representations and covenants under these Terms shall survive any termination or expiration hereof or your rights hereunder. Upon termination of your rights, you shall immediately cease use of the Service. You may not be able to retrieve any data you have submitted to us, including via the Service. In some cases, if you have stored Conferences or related data in or through the Service, upon termination we may cause the Service to discontinue publishing Conferences and may purge or delete the data relating to such Conferences.
Disclaimers and Exclusion of Warranty
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE IS ASSUMED BY YOU. NEITHER GLEIM NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, OR DEALERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GLEIM DOES NOT REPRESENT OR WARRANT THAT CONFERENCES AND RELATED CONTENT DISTRIBUTED THROUGH THE SERVICE WILL RENDER OR DISPLAY PROPERLY, OR AT ALL, ON ALL HARDWARE AND SOFTWARE PLATFORMS. GLEIM RESERVES THE RIGHT TO DISCONTINUE, MODIFY, OR OTHERWISE ALTER FEATURES WITHIN THE SERVICE, WHICH CHANGES MAY RESULT IN, AMONG OTHER THINGS, CHANGES TO THE WAY YOUR CONTENT IS DISPLAYED, STORED, ACCESSED, OR INTERACTS WITH PARTICIPANTS OR VIEWERS OF CONFERENCES.
The Service may not be available in all countries or jurisdictions and may not be available in any particular location. You are responsible for complying with all applicable federal, state, and local laws in the country and jurisdiction in which you are located and from which you are using the Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF GLEIM FOR ALL CLAIMS OF ANY NATURE ARISING FROM OR RELATED TO YOUR USE OR ENJOYMENT OF THE SERVICE OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING ANY CAUSE OF ACTION BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR OTHER MISAPPROPRIATION OF INTELLECTUAL PROPERTY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES THAT YOU HAVE ACTUALLY PAID GLEIM FOR THE APPLICABLE SUBSCRIPTION TO THE SERVICE FOR THE PRIOR SIX (6) MONTHS. NEITHER GLEIM NOR ANY OF ITS RESELLERS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, LAW, OR REGULATION, WHETHER OR NOT GLEIM WAS INFORMED IN ADVANCE OF SUCH POTENTIAL DAMAGES.
You agree to indemnify Gleim and its licensors and their respective directors, officers, employees, representatives, and agents for any and all claims arising from your use of the Service or any violation by you of these Terms.
These Terms shall be governed by the laws of the State of Florida without regard to principles of conflicts of laws and shall inure to the benefit of Gleim, its successors, and assigns (including without limitation, its licensors as third-party beneficiaries hereunder). Any disputes relating hereto or otherwise to your download or use of the Service shall be adjudicated in the state courts of Alachua County, Florida or the federal courts for the Northern District of Florida located in Gainesville, Florida, and you hereby consent to the exclusive jurisdiction of said courts for any such disputes, and you hereby waive all objections to such forums in connection with any such disputes, including without limitation any objection based upon lack of personal or in rem jurisdiction or forum non conveniens. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms shall continue in full force and effect. Note that Gleim may change this exclusive venue from time to time upon change of its headquarters or assignment of its rights hereunder to an acquirer of its stock or of the Service.
Gleim is entitled to transfer its rights and/or obligations to any third party without your prior written consent. However, you shall not be entitled to transfer your rights and obligations under these Terms without the prior written consent of Gleim. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties.
Gleim Conferencing, LLC, 4201 NW 95th Blvd., Gainesville, FL 32606. Telephone 800-874-5346, 352-375-0772; FAX 352-375-6940; Internet http://www.gleimtalk.com
Digital Millennium Copyright Act
It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act. Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected site so that they may make a counter notification. To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.
Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied.
Identify the material that is infringing on the work in item #1. This means the link to the location within the Service or a Gleim website, or identification of the Conference, with the material on it.
Provide your contact information, preferably email and phone number.
Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send this information to:
Gleim Conferencing, LLC
4201 NW 95th Blvd.
Gainesville, FL 32606
Other Terms and Conditions
Gleim is not responsible for typographical errors. Gleim reserves the right to change the terms and conditions of sale on the Gleim Website at any time. All sales on the Gleim Website are governed by Florida law, without giving effect to its conflict of law provisions. No Gleim employee or agent has the authority to vary any of the Gleim Website’s policies or the terms and conditions governing any sale.
GLEIM PUBLICATIONS, INC., Post Office Box 12848, University Station, Gainesville, Florida 32604. Telephone 800-874-5346, 352-375-0772; FAX 352-375-6940; Internet http://www.gleim.com
GLEIM INTERNET, INC., Post Office Box 12008, University Station, Gainesville, Florida 32604. Telephone 800-874-5346, 352-375-0772; FAX 352-375-6940; Internet http://www.gleim.com