Effective date: March 2021
These Terms & Conditions are only for the website. GLUKIT, LLC (“GLUKIT”, "us", "we", or "our") operates the https://glukit.com website or manages custom code & webapps for clients (the "Service"). The Terms and Conditions (the "Terms") written on this page shall manage your use of the Service.
By using the Service we assume you accept the terms and conditions in full. Minors or people below 18 years old are not allowed to use the Service.
Unless otherwise stated, GLUKIT and/or its licensors own the intellectual property rights for all material on the Service. All intellectual property rights are reserved.
You are granted limited license to view and/or print pages from the Service for your use subject to the restrictions set in the Terms. Unless otherwise stated or you have explicit written permission, you cannot:
"Your Content" shall mean any audio, video text, images, comments or other material you choose to upload and/or display on the Service. By accessing the Service, you grant GLUKIT a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute Your Content in any and all media. To the extent permitted by applicable laws GLUKIT shall not be responsible or liable for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of Your Content on the Service.
You warrant and represent you have all necessary rights, licenses & consent to Your Content; Your Content does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of a third party; Your Content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; Your Content will not be used to solicit or promote a custom, business, commercial activities or unlawful activity.
GLUKIT reserves the right to monitor all content and to remove any item which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of the Terms.
The Service may contain links to other independent third-party sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and GLUKIT is not responsible for the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Please see the Privacy Policy.
Except where prohibited by law, in no event will GLUKIT be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if GLUKIT has been advised of the possibility of such damages.
If, notwithstanding the other provisions of the Terms, GLUKIT is found to be liable for any damage or loss which arises out of or is in any way connected with your use of the Service, the liability shall in no event exceed the greater of (A) the total of any subscription fees paid in the three months prior to the date of the initial claim made against GLUKIT, or (B) US $100.oo (one hundred dollars and zero cents). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply.
You hereby indemnify to the fullest extent GLUKIT from and against any and/or all liabilities, costs or expenses (including attorneys’ fees), demands, damages, causes of action, loss or losses, claims by you or any third party due to or arising out of or in connection with the use of the Service.
The Terms will be governed by and interpreted in accordance with the laws of the United States. You submit to the non-exclusive jurisdiction of the state and federal courts located in the United States and waive any objection to such jurisdiction or venue. Any claim under the Terms must be brought within three (3) months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) calendar days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law
GLUKIT DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. GLUKIT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GLUKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLUKIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GLUKIT FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND GLUKIT.
GLUKIT reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If any of the Terms are held by an arbitrator, state or federal court, or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms, so that the Terms shall remain in full force and effect. The Terms constitute the entire agreement with regard to your use of the Service, and any and all other written or oral agreements or understandings with respect to such use are hereby superseded and cancelled. If GLUKIT fails to insist on or enforce strict performance of the Terms, it shall not be construed as a waiver of any provision or any right, nor shall any course of conduct between parties be deemed to modify any provision of the Terms. The Terms of Use shall not be interpreted or construed to confer any rights or remedies to any third parties.