1. The Bottom Line.
2. Modification to Agreement.
As the only thing constant is Change, so this policy will also change as we grow to help you better. We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Sites. Your use of our Sites after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes.
3. The GLUXUS Sites Do Not Provide Medical Advice or Allow the Exchange/Sale/Giveaway of Prescription items
The contents of the GLUXUS Sites, such as text, graphics, images, information obtained from GLUXUS’s licensors, Members, Users, and other material contained on the GLUXUS Sites are for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, including without limitation diabetes. Never disregard professional medical advice or delay in seeking it because of something you have read on the GLUXUS Sites.
If you think you may have a medical emergency, call your doctor or 911 immediately. GLUXUS does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be mentioned on the Sites. Reliance on any information provided by GLUXUS, GLUXUS employees, others appearing on the Sites at the invitation of GLUXUS, or other visitors to the Sites is solely at your own risk.
Also, we cannot allow the exchange, sale or giveaway of items that require a prescription from a licensed practitioner (such as a doctor, dentist, ophthalmologist or optometrist) in our communities. Examples of prescription items include but are not limited to: insulin pumps, insulin pump supplies and insulin. Any prescription items listed for sale, exchange or giveaway by any member will be deleted.
4. Use Common Sense.
Gluxus classifies a “Visitor” as someone who is just browsing through our website. Gluxus classifies a “Member” as someone who has registered with our Site(s). Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
Give careful thought to the information you post about yourself in your profile on our Sites and that you choose to share with other Users. Certain information should never be included in your Member profile, specifically telephone numbers, email addresses and street addresses.
During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your name, birth date, residence city, state, country, and email address (“Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of our Sites does not violate any applicable law or regulation.
You authorize GLUXUS to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. GLUXUS reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that GLUXUS cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.
You affirm that you are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess legal parental or guardian consent to use the Sites and register for Membership. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and that if you are older than 13 years of age but younger than 18 years of age, that your parent or legal guardian has read and accepted this Agreement.
The GLUXUS Sites are not intended for children under 13. If you are under 13 years of age, please do not use our Sites. There are many web sites out there that are appropriate for you, and you should talk with your parents or guardian about what sites are OK for you to visit. Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
6. Registration Information and Membership Security; Fees; Access to GLUXUS Sites
During the registration process, you will be asked to enter a screen name (“User Name”). Each Member is required to have a User Name. You may select as your User Name the name of another Member so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violate any trademark right, copyright, or other proprietary right; or a name which GLUXUS deems in its discretion to be vulgar or otherwise offensive. GLUXUS reserves the right to eliminate any User Name account for any reason or no reason. You are fully responsible for all activities conducted through your Membership or under your User Name.
During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another Member’s account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Sites. Your disclosure of your password to any other person is entirely at your own risk. Although GLUXUS will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.
Currently all the services offered by GLUXUS sites are free. Though it is not in our current plans, you acknowledge that we reserve the right to charge for some or all aspects of the GLUXUS Sites. You may cancel your Membership at any time. On your election to cancel, your Membership will be cancelled within 24-48 hours; however, if you have paid for access to specific Services in advance through a specific date, you will be permitted to use those Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of this Agreement, your access will be terminated and you shall not be entitled to the refund of any unused portion of fees.
GLUXUS has the right at any time for any reason or no reason to suspend or terminate your Membership, terminate this Agreement, and/or refuse any and all current or future use of the Sites without notice or liability to you. In the event that GLUXUS suspends or terminates your Membership or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership, or for anything else.
GLUXUS does not provide Internet access. You are solely responsible for any fees associated with your Internet connection.
GLUXUS reserves the right to interrupt the Sites with or without prior notice for any reason or no reason. You agree that GLUXUS will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. GLUXUS has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Sites as it sees fit in its sole discretion.
7. Non-Commercial Use, Surveys
The GLUXUS websites are for the personal use of Members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Sites, including collecting User Names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sites is prohibited. Commercial advertisements, affiliate links, market research, network marketing and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites.
It is OK to refer other members to other resources and talk about what you do to other members. It is NOT OK to advertise or promote products or services without the explicit consent of the site administrator(s). This includes promoting charities, asking for donations, linking to your blog where you stand to benefit commercially, or using one’s “My Page” for self-promotion purposes, without contributing back to the community. If you want to advertise your product(s), blog(s), or service(s) within TuDiabetes.org®, contact us. If you would like to post a link to your blog, but have commercial interests or products available for purchase on your blog, you are allowed ONE posting of your url on your main profile page in the field for “What is the address for your Twitter profile or other web site, if any?” You may not post links to your blog elsewhere in our forums, blogs, or other member activity areas or use links in your signature or member name.
If you want to conduct a survey with the participation of Members of the community (even if it’s not for commercial use), you need to obtain permission prior to the survey being published. To do so, please use the “Contact Us” form at the bottom of any page on the site. Surveys posted without prior approval can be removed without notification.
Listen. The web is full of temptations; don’t succumb. Please play nice with your and other people’s information.
8.1. Access to Content
You acknowledge that: (i) by using the Sites you may have access to pictures, digital images, graphics, music, video, audio, text and other creative output (collectively, “Content”), and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are “Content Providers”). GLUXUS does not pre-screen Content.
You acknowledge that GLUXUS, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Sites or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
8.2. Ownership of Content; License
In order for you to use this site, you have to load your stuff on it and we have to host it. That means you are giving us permission to host it. We don’t own it, we just have a digital copy of it. You retain copyright and other intellectual property rights with respect to your Content, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to GLUXUS and to other Users of the GLUXUS Sites.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and GLUXUS will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Sites, including without limitation any legal consequences relating to your intellectual property rights; and (iii) GLUXUS’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of GLUXUS’s intention not to require users of the Sites to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Sites, you do not own the Membership you use to access the Sites, nor do you own any data GLUXUS stores on GLUXUS’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Sites or any rights to data stored by or on behalf of GLUXUS.
8.3. Your Use of Content
The content available through the Sites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Sites and Content.
You may access User Content solely:
• for your information and personal use;
• as intended through the normal functionality of the GLUXUS Sites; and
• for Streaming (as in the case of photo slideshows and videos offered through GLUXUS Sites).
“Streaming” means a contemporaneous digital transmission of an audio or audiovisual work via the Internet from the GLUXUS Sites to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited.
Users have the opportunity to provide comments about Content, your profile and any number of topics on the Sites (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of the GLUXUS Sites. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the GLUXUS Sites or otherwise as prohibited under this Agreement.
You may access GLUXUS Content, User Content and other Content only as permitted under this Agreement. GLUXUS reserves all rights not expressly granted in and to the GLUXUS Content and the GLUXUS Sites.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Sites.
You agree not to circumvent, disable or otherwise interfere with security-related features of the GLUXUS Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GLUXUS Sites or the Content therein.
You understand that when using the GLUXUS Sites, you will be exposed to User Content from a variety of sources, and that GLUXUS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GLUXUS with respect thereto, and agree to indemnify and hold GLUXUS, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents -including but not limited to Administrators of our communities-, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Sites.
8.4. Membership Termination Policy
Please follow the rules and laws of your applicable areas while you’re on GLUXUS website or using our service. We, in our sole and commercially reasonable discretion, reserve the right to terminate a Member’s access to the GLUXUS Sites if, under appropriate circumstances, they are determined to be a repeat offender.
Although we’re not necessarily policing content, we reserve the right to decide whether Content is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate a Member’s access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
9. Digital Millennium Copyright Act.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the GLUXUS Sites can be identified and removed via GLUXUS’s DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
9.1. Filing a DMCA Notice
Please don’t abuse GLUXUS Information system, but if you truly believe your work has been infringed, you should file a DMCA notice. To file a DMCA Notice with GLUXUS, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must:
1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at
2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Sites. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
7. The Notice must be signed;
8. The Notice must be sent to our DMCA designated agent at the following e-mail address:
(In subject field, please write: Attention: DMCA NOTICE).
9.2. Filing a Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA.
Your Counter-Notice must:
1. Describe and list all material(s) that were removed by GLUXUS and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
2. Provide your name, address, telephone number and email address (if available);
3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
6. The Counter-Notice must be signed.
7. The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
(In subject field, please write: Attention: DMCA NOTICE)
10. Contests, Sweepstakes, Auctions, and Promotions
From time to time, GLUXUS, its partner(s) or the Sites’ operational service providers, suppliers, and advertisers may conduct promotions on or through the Sites, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Official Rules, which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. GLUXUS may also partner with another organization for contests or special events. You must review the specific Official Rules or Additional Terms for any such contests or special events.
11. General Use of the Sites
You have a nonexclusive, limited, revocable license to use the GLUXUS Sites while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that GLUXUS deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Sites and terminating the Membership of such violators.
You agree that you shall not:
• Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
• Impersonate any person or entity without their consent, including, but not limited to, a GLUXUS employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Make unauthorized use of any GLUXUS trademarks or service marks;
• Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
• Take any action or upload, post, e-mail or otherwise transmit Content as determined by GLUXUS, in its sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that GLUXUS considers in its sole discretion to be of such nature;
• Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
• Attempt to gain access to any other Member’s Membership account or password; or
• “Stalk,” abuse or attempt to abuse, or otherwise harass another User. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership.
You agree that GLUXUS may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Sites in its sole discretion, without notice to you.
12. Dealing With Other Members; Limitation of Liability
GLUXUS is a service provider, which means, among other things, that we do not control each and every aspect of the Sites. You acknowledge that GLUXUS is a service provider that may offer Users opportunities to interact online regarding topics and content chosen by other Users. Generally, we do not regulate Users’ interactions with the Sites or communications with each other. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Sites. You are solely responsible for your interactions with other Users.
As a condition of access to our Sites, you release GLUXUS (and GLUXUS’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors including without limitation webmasters, web designers and web administrators) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Sites.
You further understand and agree that: (a) GLUXUS will have the right but not the obligation to resolve disputes between Users relating to the Sites, and GLUXUS’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent GLUXUS elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Sites and will not make judgments regarding legal issues or claims; (c) GLUXUS’s resolution of such disputes will be final with respect to the Sites but will have no bearing on any real-world legal disputes in which Users of the Sites may become involved; and (d) you hereby release GLUXUS (and GLUXUS’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, including without limitation webmasters, web designers and web administrators) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with GLUXUS’s resolution of disputes relating to the Sites.
13. Membership Termination.
This Agreement shall remain in full force and effect while you use the GLUXUS Sites or are a Member. You may terminate your Membership at any time, for any reason, by contacting us at info AT tudiabetes.org or removing yourself from the site through the mechanism designated for that purpose in the Settings section. GLUXUS may terminate your Membership at any time without warning. Even after Membership is terminated, this Agreement will remain in effect, including Sections 8, 11, 12, 14, 15, 16, and 17.
14. Transfer of Membership and Assignment.
A single Membership may be used by a single legal entity (such as a band whose legal entity is a partnership) at GLUXUS’s sole discretion and subject to GLUXUS’s requirements. You may not assign or transfer your Membership, this Agreement or any or all of your rights hereunder without the prior written consent of GLUXUS, and any attempt to do so is void. Notwithstanding the foregoing, GLUXUS will not unreasonably withhold consent to the transfer of a Membership in good standing by operation of a valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by GLUXUS.
All or any of GLUXUS’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Sites in a merger, acquisition or sale of all or substantially all of GLUXUS’s assets.
In the event a dispute arises between you and GLUXUS, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and GLUXUS agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Sites (a “Claim”) in accordance with one of the subsections below.
15.1. Governing Law.
This Agreement and the relationship between you and GLUXUS shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
15.2. Forum for Disputes
You and GLUXUS agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Francisco, California except as provided in Subsection 13.3 below regarding optional arbitration. Notwithstanding this provision, you agree that GLUXUS shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction
15.3. Optional Arbitration
For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.4. Improperly Filed Claims
All Claims you bring against GLUXUS must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, GLUXUS may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that GLUXUS has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
16. Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity.
16.1. No Liability for Accumulated Content
When using the Sites, you may accumulate Content that resides as data on GLUXUS’s servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON GLUXUS’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN GLUXUS’S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING THE GLUXUS SITES, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, GLUXUS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON GLUXUS’S SERVERS.
YOU UNDERSTAND AND AGREE THAT GLUXUS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
16.2. The GLUXUS Sites Are Provided “As Is”
GLUXUS PROVIDES THE SITES, YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, GLUXUS does not ensure continuous, error-free, secure or virus-free operation of the Sites or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on GLUXUS’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
16.3. Further Limitations of Liability
IN NO EVENT SHALL GLUXUS OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS, INCLUDING WITHOUT LIMITATION WEBMASTERS, WEB DESIGNERS AND WEB SITE ADMINISTRATORS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT GLUXUS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL GLUXUS’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that GLUXUS cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Sites.
16.4. Your Indemnification of GLUXUS
At GLUXUS’s request, you agree to defend, indemnify and hold harmless GLUXUS, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Sites, including without limitation webmasters, web designers and web side administrators) from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Sites. You agree to defend, indemnify and hold harmless GLUXUS, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors including without limitation webmasters, web designers and web side administrators, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Sites infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
17. General Provisions.
This Agreement is accepted upon your use of the GLUXUS Sites and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and GLUXUS regarding the use of the GLUXUS Sites.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The GLUXUS Sites are controlled and operated by GLUXUS from its offices within the State of California, United States of America. We make no representation that any aspect of the Sites or our Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Sites from other locations are responsible for compliance with applicable local laws.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
No consent or waiver by GLUXUS under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of GLUXUS. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of GLUXUS shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of GLUXUS.
GLUXUS may give notice to you by means of a general notice on our Sites, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you or required under this Agreement shall be mailed to us at: firstname.lastname@example.org