Terms & Conditions
These are the Terms & Conditions for Gladys Ato of Gladys Ato International, Inc. (“Gladys Ato, Inc.” or “Company“).
Last Updated on July 21, 2022
NOTICE: These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions carefully prior to purchase, use or access of any of our Programs, Products, or Services. These Terms and Conditions apply to all Gladys Ato International, Inc. content and services.
By accessing or using the Gladys Ato, Inc. Website, the Gladys Ato, Inc. Service, including any Programs, Products, Services, or software applications made available by Gladys Ato, Inc. (together, the “Website” or “Service“), however accessed or used, you agree to be bound by these terms (the “Terms of Service” or the “Agreement“). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between Gladys Ato, Inc. and you concerning your use of the Service. We encourage you to print the Agreement or save it to your computer for reference.
Arbitration and Remedies. These terms contain a mandatory arbitration of disputes provision that 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. See Dispute Resolution section for full details.
By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.
Corporate Use. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
Subject to your compliance with these Terms of Service, Gladys Ato, Inc. grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Gladys Ato, Inc. websites (located at https://gladysato.com), and to use the Service. The Service, including any portion of the Gladys Ato, Inc. Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of Gladys Ato, Inc.. All rights not expressly granted in this Agreement are reserved by Gladys Ato, Inc.. Without limitation, this Agreement grants you no rights to the intellectual property of Gladys Ato, Inc. or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if you breach, actually or potentially, in the sole judgment of Gladys Ato, Inc., any provision of this Agreement.
No Professional Medical Service or Advice. Gladys Ato, Inc. provides the Website for informational purposes only. The Website does not contain or constitute, and should not be interpreted as, medical advice or opinion. Gladys Ato, Inc. is not a medical professional, and does not provide medical services or render medical advice. The Website and Service are not a substitute for the advice of a medical professional, and the information made available on or through the Website and Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional.
No Doctor-Patient Relationship. Your use of the Website does not create a doctor-patient relationship between you and Gladys Ato, Inc..
No FDA or Other Government Review. Statements on the Website have not been evaluated by the Food and Drug Administration.
Not for Treatment of Disease. The products sold on the Website are not intended to diagnose, treat, cure, or prevent any disease.
No Reliance on Third Party Content
Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Gladys Ato, Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Gladys Ato, Inc. be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
Assumption of Risk; Release
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Gladys Ato, Inc. and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
Consent to Receive Electronic Communications from Company
By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Gladys Ato, Inc., over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to firstname.lastname@example.org. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
Third Party Websites
The Service is linked with the websites of third parties (“Third Party Websites“), some of whom may have established relationships with Gladys Ato, Inc. and some of whom may not. Gladys Ato, Inc. does not have control over the content and performance of Third Party Websites. Gladys Ato, Inc. has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, Gladys Ato, Inc. does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Gladys Ato, Inc. disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
Your Responsibility for Defamatory Comments
You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the Service that is deemed defamatory or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, Gladys Ato, Inc. is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Service.
If you raise or file any claim against Gladys Ato, Inc. for conduct that a Court of Competent Jurisdiction later finds to constitute an “exercise of a publisher’s traditional editorial functions,” or the legal equivalent, you agree to fully and immediately compensate Gladys Ato, Inc. for all losses, liability, damages, costs, and expenses, including without limitation all attorneys’ fees and expenses in defending the action and resolving the matter. If you fail to compensate Gladys Ato, Inc. for any such claim, you agree and authorize Gladys Ato, Inc. to report your Personal Information, including without limitation your unpaid claim, to consumer credit reporting services, collection agencies, and others.
Gladys Ato, Inc. imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:
- harassing or stalking any person, or contacting any person who has requested not to be contacted
- providing false, misleading, or inaccurate information to Gladys Ato, Inc. or any other person in connection with the Service
- impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity
- modifying or changing the placement and location of any advertisement posted through the Service
- harvesting or otherwise collecting information about users, including email addresses and phone numbers
- without express written permission from Gladys Ato, Inc., using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites
- accessing content or data not intended for you, or logging into a server or account that you are not authorized to access
- attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization
- interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities
- using the Service to send unsolicited email, including without limitation promotions or advertisements for products or services
- forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
- while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising
- attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable
- creating additional accounts to promote your (or another’s) business, or causing others to do so
- paying anyone for interactions on the Service
Compliance with Law: You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Trademarks: Gladys Ato, Inc. and the Gladys Ato, Inc. logo (collectively, the “Company Marks“) are trademarks or registered trademarks of Gladys Ato, Inc.. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of Gladys Ato, Inc., and you agree to assign, and do assign, all such goodwill to Gladys Ato, Inc.. You shall not at any time, nor shall you assist others to, challenge Gladys Ato, Inc.’s right, title, or interest in, or the validity of, the Company Marks.
Copyrighted Materials; Copyright Notice. All content and other materials available through the Service, including without limitation any program, service, or subscription content and materials, Gladys Ato, Inc. logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Gladys Ato, Inc. or are the property of Gladys Ato, Inc.’s licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
DMCA Policy. As Gladys Ato, Inc. asks others to respect Gladys Ato, Inc.’s intellectual property rights, Gladys Ato, Inc. respects the intellectual property rights of others. Gladys Ato, Inc. follows the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“).
If you believe content located on or linked to by the Service violates your copyright, please immediately notify Gladys Ato, Inc. by emailed DMCA takedown notice (“Infringement Notice“), providing the information described below. If Gladys Ato, Inc. takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to Gladys Ato, Inc..
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107, available at https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015), available at https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Gladys Ato, Inc. to find and positively identify that material;
- Your name, address, telephone number, and email address; and
- A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
- Infringement Notices should be sent to email@example.com with the subject line “DMCA Notice: (INSERT YOUR NAME OR YOUR COMPANY’S NAME)”.
- Gladys Ato, Inc. will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
- Disclosure. All received Infringement Notices may be posted in full to the Lumen database (https://lumendatabase.org/), previously known as the Chilling Effects Clearinghouse.
Disclaimers; Limitation of Liability
No Warranties. Gladys Ato, Inc., on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Gladys Ato, Inc. nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. Gladys Ato, Inc. disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Gladys Ato, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Gladys Ato, Inc., Company Parties, or Gladys Ato, Inc. users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data. You agree that your use of the Service is at your sole risk. You will not hold Gladys Ato, Inc. or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
Limitation of Liability. In no event shall Gladys Ato, Inc. or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Gladys Ato, Inc. or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Gladys Ato, Inc. and you. The Service would not be provided without such limitations.
Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Gladys Ato, Inc. or between you and any of Gladys Ato, Inc.’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Gladys Ato, Inc.’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
Your Representations and Warranties
You represent and warrant that your use of the Service will be in accordance with this Agreement and any other Gladys Ato, Inc. policies, and with any applicable laws or regulations.
Indemnity by You
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor“) agree to defend, indemnify, and hold harmless Gladys Ato, Inc. and the Company Parties (collectively, the “Indemnitees“) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim“, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Gladys Ato, Inc., including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Gladys Ato, Inc., whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to Gladys Ato, Inc. or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
Without limitation, the Indemnitor also agrees to compensate Gladys Ato, Inc. for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of the Prohibited Uses section, including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under any affiliate advertising agreement.
Purchases and Online Commerce
Certain sections of the Website or its Content may allow you to make purchases from Gladys Ato, Inc. or from other merchants. If you make a purchase through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that Gladys Ato, Inc. shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
You give Gladys Ato, Inc. permission to automatically charge your credit or debit card as payment for the purchase of any Program, Product, or Service without any additional authorization when paying by PayPal, Stripe, debit card, or credit card, for which you will receive an electronic receipt. If provided with an invoice, you are required to pay it by the date due on the invoice or the Program, Product, or Service will be put on hold until payment is made. In the event that payment is not received by the due date, you will have a three (3) day grace period to make the payment otherwise the Program, Product, or Service will not continue, and you may lose your access immediately and permanently. “Lifetime access” is voided when you have a delinquent balance with us.
If you fail to make payment in a timely manner in accordance with these Terms of Service or voluntarily decide to withdraw from our Programs, Products, or Services at any time or for any reason, you remain fully responsible for the full cost of the Programs, Products, and/or Services. All information obtained during your purchase or transaction for the Programs, Products, and/or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both Gladys Ato, Inc. and our payment processing company.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products, or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products, and Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that Gladys Ato, Inc. shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from those used by Gladys Ato, Inc.. We have no responsibility or liability for the independent policies of the payment processing companies or Merchants. In addition, when you make certain purchases through Gladys Ato, Inc., you may be subject to the additional terms and conditions of a payment processing company or Merchant. Please visit the payment processing company or Merchant’s Website or contact the payment processing company or Merchant directly for more information regarding any terms and conditions that may apply.
You agree to only purchase our Programs, Products, or Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, or Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Gladys Ato, Inc. has a clear and explicit Refund Policy in these Terms of Service that you have agreed to prior to completing the purchase of our Programs, Products, or Services. Gladys Ato, Inc. does not tolerate or accept any type of chargeback threat, reversal of payment, payment cancellation, actual chargeback or claim from your credit card company, PayPal, Stripe, financial institution or any other payment service. In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, Gladys Ato, Inc. reserves the right to report the incident to all three credit reporting agencies, or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Gladys Ato, Inc. reserves the right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.
You release Gladys Ato, Inc., our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website.
It is important to Gladys Ato, Inc. that you are satisfied with your Program, Product, or Service. Because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, and Services, there is a no refund policy. Unless otherwise provided by law, you acknowledge that Gladys Ato, Inc. does not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, and/or Services, you understand and agree that all sales are final and no refunds will be provided.
By Company. Without limiting any other provision of this Agreement, Gladys Ato, Inc. reserves the right to, in Gladys Ato, Inc.’s sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
Automatic Termination Upon Breach by You. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Gladys Ato, Inc..
By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Gladys Ato, Inc. notice of your intention to do so, in the manner required by the Notices section.
Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, Gladys Ato, Inc. may, but has no obligation to, in Gladys Ato, Inc.’s sole discretion, rescind any services and/or delete from Gladys Ato, Inc.’s systems all your Personal Information and any other files or information that you made available to Gladys Ato, Inc. or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
After termination, Gladys Ato, Inc. reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Legal Action. If Gladys Ato, Inc., in Gladys Ato, Inc.’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Gladys Ato, Inc. will be entitled to recover from you as part of such legal action, and you agree to pay, Gladys Ato, Inc.’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
Binding Arbitration. If you and Gladys Ato, Inc. cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, Gladys Ato, Inc. will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Gladys Ato, Inc. for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Gladys Ato, Inc. may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.
Restrictions Against Joinder of Claims. You and Gladys Ato, Inc. agree that any arbitration shall be limited to each Claim individually. You and Gladys Ato, Inc. agree that each may only bring claims against the other in your or Gladys Ato, Inc.’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Gladys Ato, Inc. from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Gladys Ato, Inc. from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of California.
Venue for any Judicial Proceeding. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Francisco, CA. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
All notices required or permitted to be given under this Agreement must be in writing.
Gladys Ato, Inc. shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Gladys Ato, Inc.. You agree that any notice received from Gladys Ato, Inc. electronically satisfies any legal requirement that such notice be in writing.
You bear the sole responsibility of ensuring that your email address on file with Gladys Ato, Inc. is accurate and current, and notice to you shall be deemed effective upon the sending by Gladys Ato, Inc. of an email to that address.
You shall give any notice to Gladys Ato, Inc. by email to firstname.lastname@example.org.
Entire Agreement. This Agreement constitutes the entire agreement between Gladys Ato, Inc. and you concerning your use of the Service.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Gladys Ato, Inc., or by the unilateral amendment of this Agreement by Gladys Ato, Inc. along with the posting by Gladys Ato, Inc. of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Gladys Ato, Inc.. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Gladys Ato, Inc. are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; Gladys Ato, Inc.’s licensors and suppliers (to the extent expressly stated in this Agreement); and to the extent stated in the following Sections: No Reliance on Third Party Content, Third Party Websites, Application of Disclaimers.
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Gladys Ato, Inc. and Gladys Ato, Inc.’s licensors and suppliers, and would therefore entitle Gladys Ato, Inc. or Gladys Ato, Inc.’s licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.