Please read this Agreement carefully to ensure you understand each provision.
These Terms of Service ("Terms") govern your use of GlobalPatron. ("Company", GlobalPatron) web site located at https://www.globalpatron.com (the "Site") and the services that are made available through the Site (collectively, the "GlobalPatron Service"). Please read these Terms carefully. By using the GlobalPatron Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the GlobalPatron Service.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Compliance with Law
You agree not to use the GlobalPatron Service to violate any local, state, national, or international law or regulation. Furthermore you agree upfront that at no time will your use of the GlobalPatron service be associated with any of the following banned categories listed under heading "Banned Categories of Use" (which may or may not be illegal). GlobalPatron reserves the right to suspend any accounts associated with illegal activity and will report the matter to the relevant law enforcement agencies as required by Australian Law.
Banned Categories of Use
The following categories of businesses and business practices are banned from using the GlobalPatron Service. By registering with us, you are confirming that you will not use the GlobalPatron Service in connection with the following businesses, business activities or business practices.
GlobalPatron reserves the right to suspend any accounts associated with these banned categories and if appropriate will report the matter to the relevant law enforcement agencies as required by Australian Law.
|Intellectual property or proprietary rights infringement
||Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
||Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; sweepstakes; games of chance
|Regulated or illegal products or services
||Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed
|Adult content and services
||Any association with adult content, any form of pornography, or other obscene materials
|Mug shot publication or pay-to-remove sites
||Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm
||Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
||Illegal substances or substances designed to mimic illegal drugs, or equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
|Hate or Violence
||Any business or organization that engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, national origin, or any other immutable characteristic
GlobalPatron does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the GlobalPatron Service ("Forms and Submissions"). As between GlobalPatron and you, you own all rights to your Forms and Submissions. GlobalPatron does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your GlobalPatron subscription will automatically renew at the end of each billing cycle until you cancel your GlobalPatron subscription.
Credit Card Details
If you have elected to pay the fees for a GlobalPatron subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, GlobalPatron may suspend or cancel your GlobalPatron subscription.
Downgrading your GlobalPatron account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, GlobalPatron does not accept any liability for such losses. Note however that when you downgrade your subscription, you will not lose any of your forms or your data.
Collecting Sensitive Information
You may not use the GlobalPatron Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to sensitive information.
You agree that GlobalPatron may terminate your GlobalPatron Service membership or suspend your access to all or part of the GlobalPatron Service, without notice, if GlobalPatron determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that GlobalPatron shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the GlobalPatron Service. You may discontinue your participation in and access to the GlobalPatron Service at any time.
Modifications To Terms
GlobalPatron may, in its sole and absolute discretion, change these Terms from time to time. GlobalPatron will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the GlobalPatron Service. Continued use of the GlobalPatron Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To GlobalPatron Service
GlobalPatron reserves the right to modify or discontinue the GlobalPatron Service with or without notice to you. GlobalPatron shall not be liable to you or any third party should GlobalPatron exercise its right to modify or discontinue the GlobalPatron Service.
By giving your email address to GlobalPatron you agree to receive administrative, announcements, newsletters, sales, and marketing emails from GlobalPatron. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails. Your email address will remain confidential and will never be sold or supplied to a 3rd party.
Links to External Resources
GlobalPatron provision of a link to any other website or Internet resource is for your convenience only and does not signify GlobalPatron endorsement of such other web site or resource or its contents. GlobalPatron shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
No Resale Of GlobalPatron Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which GlobalPatron agrees you retain all rights) of the GlobalPatron Service, use of the GlobalPatron Service, or access to the GlobalPatron Service.
GlobalPatron follows I.T best practices to ensure successful delivery of emails however GlobalPatron does not guarantee successful delivery of your email notifications as there are many factors affecting email delivery which are outside of our control.
GlobalPatron follows I.T best practices to ensure minimal downtime however GlobalPatron makes no warranty that forms provided by the GlobalPatron Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
Service Level Agreement
GlobalPatron customers on Enterprise Plans are covered under a Service Level Agreement that states that critical forms functionality will be available 99.9% of the time, per calendar month. Any month where this level of uptime is not met or exceeded will result in a 20% credit being added to the customers subscription length for that month.
Disclaimer of Warranties
You understand and expressly agree that use of the GlobalPatron Service is at your sole risk. the GlobalPatron Service is provided on an "as is" and "as available" basis. GlobalPatron expressly disclaims all warranties of any kind, whether express or implied, with respect to the GlobalPatron Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). GlobalPatron makes no warranty that the GlobalPatron Service will meet your requirements, or that the GlobalPatron Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of GlobalPatron is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from GlobalPatron or through the GlobalPatron Service shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that, to the extent permitted under applicable law, in no event will GlobalPatron or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the GlobalPatron Service.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that GlobalPatron may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GlobalPatron liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless GlobalPatron, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the GlobalPatron Service, (b) your (or anyone using your account's) use of the GlobalPatron Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
These Terms constitute the entire and exclusive and final statement of the agreement between you and GlobalPatron with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and GlobalPatron with respect to the subject matter hereof. These Terms and the relationship between you and GlobalPatron shall be governed by the laws of the State of New South Wales as applied to agreements made, entered into, and performed entirely in New South Wales by New South Wales residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the GlobalPatron Service shall be brought in the Federal or State courts located in New South Wales, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of GlobalPatron to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of GlobalPatron and you as reflected in the provision, and that the other provisions of these Terms 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 GlobalPatron Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the GlobalPatron Service.