Effective Date: May 7th, 2021
BY USING ANY OF GD'S SERVICES YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS HEREUNDER TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD CEASE ALL ACCESS AND USE OF THE SERVICES.
AS DESCRIBED BELOW, USAGE AND LIMITATION OF SERVICES AND WARRANTY DISCLAIMERS DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Access to Services
Subject to these Terms, GD grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services.
GD may change, suspend or discontinue the Services at any time, including the availability of any feature or content. GD may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Products for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by any applicable law, then you are not authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law. Any software component embodied in the Products is licensed to you, and not sold.
GD reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that GD will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
The Services are intended for persons aged 18 years or older. We do not knowingly collect personal information from someone under 18. No one under age 18 may provide any personal information to GD or on the Services. If you believe that we have collected personal information from someone under age 18, please contact us at HYPERLINK "mailto:email@example.com" firstname.lastname@example.org or GD International Inc. at 8608 Utica Ave., #220, Rancho Cucamonga, CA 91730, and we will take appropriate steps to investigate and address the issue promptly.
You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Certain features or services offered on or through the Website and Mobile App may require you to open an account (including setting up a login and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify GD immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by GD or any other user of or visitor to the Website due to someone else using your GD login, password or account as a result of your failing to keep your account information secure and confidential.
Usage and Limitation of Services
The Services are intended to be accessed and used for non-critical information and control of Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to suspension, interruptions and failures for a variety of reasons beyond GD's control, including but not limited to WiFi intermittency, service provider uptime, mobile service carriers and any other related third parties. You acknowledge these limitations and agree that is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
The Services have been designed for use by residents of the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country where you access or use the Services. We are not liable or responsible if you violate any such law.
THE WARRANTY FOR PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND GD AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
You will indemnify and hold GD, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You agree that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Services are owned by GD or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. GD and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
Third Party Products and Services
GD may provide the opportunity for you to interface with products and services provided by a third party. GD Services also rely on or interoperate with third party products and services, which are beyond GD's control. The operation of the third party may impact or be impacted by the use and reliability of GD Services. You hereby acknowledge that your use of any third-party products and services is governed by separate terms and conditions provided by the operator(s) of the applicable third-party products and services. You acknowledge and agree that GD makes no representation or warranty about the operation, reliability, or safety of any third-party products or services. GD has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party products and services.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. At any time, GD may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you, if GD in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
If a dispute arises between you and GD, our goal is to learn about and address your concerns. You agree that you will notify GD in writing about any dispute you have with GD regarding these Terms and Conditions.
For any questions or claims, please contact GD.
You must first present any claim or dispute to GD, by certified mail, a written Notice of your claim ("Notice"). The Notice to Aspen should be addressed to GD International Inc., 8608 Utica Ave., #220, Rancho Cucamonga, California 91730, USA, Attn: Notice of Legal Claim.
Language. This Agreement may be translated into other languages otherwise than English. To the extent allowed by law, the English version of this Agreement is binding, and other translations are for convenience only.
Entire Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the entire agreement between you and us and supersedes all prior representations or agreements for the Services. Headings are for reference purposes only and do not form part of this Agreement.
Changes to these terms. GD reserves the right to make changes to these Terms. We will post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
Severability. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without GD's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. GD may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Governing Law. All matters relating to Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Bernardino County, State of California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
Failure or delay by GD to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.