Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 20 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 20 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
Who is Eligible to Use the Website
This Website is intended for adults (age 18 or older). In order to use the Website, you must be (a) 18 years or older and have the legal capacity to enter into a binding contract with us; or (b) 13 years or older and if purchasing products or services, your parent or guardian consents to the Agreement and your parent or guardian has the legal capacity to enter into an Agreement with us. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
Sharing Your Content
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews, and other communications and content to the Website (“Your Content”). By posting or submitting Your Content, you grant GCW a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. GCW is free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, distributing, and marketing products that use such information.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify GCW for all claims relating to Your Content.
We will not be responsible or liable to you or to any third party, for the content or accuracy of Your Content. GCW has the right, but not the obligation, to monitor and edit or remove any activity or content for any reason and without notice. GCW takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
Your Use of the Website
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without our prior written consent):
copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
modify, distribute, or re-post any content on the Website for any purpose; or
use the content of the Website for any commercial purpose whatsoever.
When using the Website, you further agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any GCW trademark, logo, or other proprietary information (including the images found on the Website or on any GCW social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the company’s written consent;
not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
not to use meta tags or any other “hidden text” utilizing a GCW company name, trademark, or product name without GCW’s written consent;
not to deep-link to the Website without the company’s written consent;
not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
to be bound by the company’s submission policies, including that of any product, service, or idea you submit to any GCW company via this site or other site wherein your submission will not be held in confidence by GCW and is not proprietary, that GCW may use the submission and any aspect thereof for any purposes in GCW’s sole discretion and that GCW owes no duties or obligations with respect to you or the submission you made; and
to comply with all applicable laws regarding your use of the Website.
Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter, or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of GCW company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
No Warranty; Disclaimer
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GCW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GCW DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GCW MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY GCW WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GCW OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Links to third party websites
Product or Services available on or through the website
GCW reserves the right, without notice, to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. GCW takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct and to accurately describe and display the items available on the Website. However, when ordering products or services, please note that GCW does not warrant that product or service descriptions are accurate, complete, current, or error-free. If any item or service described on the Website is not as described when you receive it, your sole remedy is to return it to us in an unused and undamaged condition in accordance with the Return Policy available on the Website or by calling a Customer Care Professional at the telephone number posted on the Website. GCW’s descriptions of, or references to, products or services not owned by GCW are not intended to imply endorsement of that product or constitute a warranty by GCW unless expressly stated on the Website.
Pricing Errors and Product or Service Unavailability
Prices, availability and other purchase terms are subject to change at any time and without notice. We make every effort to provide accurate pricing information and to ensure product or service availability, however, GCW reserves the right to revoke any offer to correct errors, inaccuracies, or omissions, including after receiving an order has been submitted, confirmed, or after your credit card has been charged. If your order is canceled because of an error, your credit card will be refunded the full amount of your order. Please allow for one full billing cycle to complete the refund process.
When ordering products or services through the Website, by telephone, or otherwise, you agree to provide only truthful, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. GCW reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to GCW, or for any other reason that we, in our sole discretion, believe appropriate. You agree that your placement of an order on or through this the Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.
Return & Refund Policy
You agree and understand that you are not entitled to any refund for any services purchased from GCW. GCW may, at its own discretion, credit your account for applicable circumstances as detailed in your Order Forum or accompanying Master Services Agreement.
Domain Name Dispute
GCW is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain name owner directly, or should be filed in ICANN’s Uniform Domain Name Dispute Resolution Policy or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes; we are only able to assist with complaints regarding the content of a hosted website (as opposed to the wording of the domain name registered). Please refer to http://www.icann.org/en/help/dndr/udrp for more information.
Monitoring of Content; Accounting Termination Policy
GCW generally does not pre-screen user content (whether posted to a website hosted by GCW or posted to this Site). However, GCW reserves the right (but undertakes no duty) to do so and decide whether any item of user content is appropriate and/or complies with this Agreement. GCW may remove any item of user content (whether posted to a website hosted by GCW or posted to this Site) and/or terminate a user’s access to this site or the services found at this site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by GCW in its sole and absolute discretion), at any time and without prior notice. GCW may also terminate a User’s access to this site or the services found at this site if GCW has reason to believe the user is a repeat offender. If GCW terminates your access to this site or the services found at this Site, GCW may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
13. Electronic Documents and Signatures
All information communicated on the Website is considered an electronic communication. When you communicate with any GCW company through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, I ACCEPT”, “I AGREE,” “APPLY,” “APPLY NOW,” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Communicating with GCW Companies
You understand that all telephone calls, live chats, and other communications such as personal messaging or social media posts to or from GCW are monitored and recorded and you consent to such monitoring and recording.
You verify that any contact information provided to GCW is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to GCW and that by voluntarily providing your contact information to GCW, you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive emails, pre-recorded voice messages, or autodialed calls (including text messages) by or on behalf of GCW relating to this Agreement, any purchase or transaction with GCW, matters related to your account (including debt collection), and promotions regarding GCW products or services. These communications may be made by or on behalf of GCW, even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or Internet carrier and that GCW will not be responsible for these charges.
GCW may obtain, and you expressly agree to be contacted at, email addresses, mailing or shipping addresses, phone numbers, or other communication accounts provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide GCW notice within 30 days of any change to your contact information by writing to 4100 SW 28th Way, Fort Lauderdale, FL 33312, Attention: Customer Care or emailing support@GreatCloudWorks.com. Your consent to this communications provision is not required to make any purchase with GCW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GCW, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless GCW, its parent company and its affiliates and all directors, officers, employees, agents, contractors, co-branders, suppliers, and affiliates (“collectively indemnitees”), from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to the indemnitees that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement.
Termination, Suspension, Revision of Website
You agree that GCW may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that GCW shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on GCW’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination, suspension, or revision.
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
As an exception to binding arbitration, you and GCW both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. GCW will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Required Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against GCW, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You may send the written description by U.S. Mail to GCW, c/o Great CloudWorks, Inc., 4100 SW 28th Way, Fort Lauderdale, FL 33312, Attn: Legal Department. You agree to negotiate with GCW or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after GCW’s receipt of your written dispute, you agree to the dispute resolution provisions below.
You and GCW agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be barred.
For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and GCW agree.
Organization, Rules, and the Arbitrator
You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow Florida substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
This provision survives termination of your account or relationship with GCW’s, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and GCW and shall not be modified except in writing by GCW.
GCW reserves the right to amend this arbitration provision at any time. Your continued use of any GCW Website, purchase of a product or service on or through a GCW website, or use or attempted use of a GCW product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, GCW will provide you notice and an opportunity to opt-out. Your continued use of any GCW site, purchase of a product or service through any site, or use or attempted use of a GCW product or service, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS GCW WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO GCW, C/O GREAT CLOUDWORKS, INC., 4100 SW 28TH WAY, FORT LAUDERDALE, FL 33312 ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Exclusive Venue for all other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Broward County, Florida and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
In order to prevent or limit irreparable injury to GCW, in the event of any breach or threatened breach by you of the provisions of this Agreement, GCW shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting GCW from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
All trademarks and service marks displayed on the Website are the property of a GCW company or other respective owners. You may not use or display any trademarks or service marks owned by any GCW company without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
GCW respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, GCW may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, GCW will comply with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide GCW’s copyright agent (at legal@GreatCloudWorks.com) the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Website.
Your address, telephone number, and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct inquiries regarding any infringement issues by email to legal@GreatCloudWorks.com.