Globoforce, Inc. and Globoforce Limited (collectively, “Globoforce”) maintain this web site (the “Web Site”) as a source of information about Globoforce and its activities. By using the Web Site, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Web Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Web Site.
1. Conditions on Using the Web Site.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Web Site, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail or other means (collectively, the “Site Content”) are proprietary to us or to third parties.
Globoforce authorizes you to view, download, and print the Site Content subject to the following conditions: (a) you may only download and print the Site Content in limited quantities for your personal, non-commercial use; (b) you may not modify the Site Content; (c) any displays or print outs of the Site Content must be marked “© Globoforce Limited. 2007. All rights reserved.”; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Globoforce. In addition, you may not link to any part of the Web Site or any Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere.
All software used on the Web Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks GLOBOFORCE, GLOBOFORCE MOBILE, GLOBOFORCE MOTIVATION WORLDWIDE (and design), SOCIAL RECOGNITION, TALENT MAPS and RECOGNITION GRADER are registered or unregistered trademarks of Globoforce or its affiliates, and they may not be used in connection with any service or products other than those provided by Globoforce, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Globoforce. Any use of those marks, or any others displayed on the Web Site, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use of the Web Site and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Web Site, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
2. Submissions to Globoforce Belong to Globoforce.
Globoforce is pleased to hear from you and welcomes your comments. In the event that you submit ideas, suggestions, materials or other information to Globoforce whether at the request of Globoforce or not (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of Globoforce. None of the Submissions will be subject to any obligation of confidence on the part of Globoforce, and Globoforce and Globoforce Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Globoforce will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights against Globoforce or its affiliates, successors, assigns, licensees, partners, and customers (collectively, “Globoforce Affiliates”), as well as any users of the Web Site.
3. Links to Third Party Web Site Are Not Endorsements.
The Web Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Globoforce. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
4. Warranty Disclaimers and Limitations of Liability.
Globoforce and Globoforce Affiliates make no representations or warranties of any kind regarding the Web Site and the Site Content. The Web Site and Site Content are provided in “AS IS” condition, and Globoforce and Globoforce Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEB SITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEB SITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Globoforce, any of Globoforce Affiliates or through the Web Site or Site Content will create any warranty not expressly stated herein.
YOU USE THE WEB SITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER GLOBOFORCE NOR GLOBOFORCE AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM GLOBOFORCE OR GLOBOFORCE AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF GLOBOFORCE OR GLOBOFORCE AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Applicable Law and Jurisdiction; Compliance.
The Web Site (excluding links) is published by Globoforce from servers located in the United States. Although Globoforce has made no effort to publish the Web Site elsewhere, because the Web Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ, and as you and Globoforce both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Web Site, by using the Web Site you and Globoforce agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Web Site will be heard and resolved in the federal and state courts located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Web Site from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Web Site or Site Content in violation of U.S. export laws or regulations.
7. Forward Looking Statements.
This Web Site contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, these risks and uncertainties include, among other things: our failure to adjust for seasonality in the market, our failure to enhance our existing solution to be competitive in the market or changes in the industry which could cause our pricing or solution to be impacted competitively. Globoforce assumes no obligation to update any forward-looking statements contained herein in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
8. Miscellaneous Provisions.
No delay or omission by Globoforce in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Globoforce of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Globoforce regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective Date of Terms: July 15, 2013.