<strong> TERMS OF USE </strong>
<br>
<strong>Last
updated</strong>
<strong>
</strong>
<strong>January 22, 2023</strong>
<br>
<br>
<br>
<strong>TABLE OF
CONTENTS</strong>
<br>
1.
AGREEMENT TO TERMS
2.
INTELLECTUAL PROPERTY
RIGHTS
3.
USER REPRESENTATIONS 4.
USER
REGISTRATION 5.
FEES AND PAYMENT 6.
FREE
TRIAL 7.
CANCELLATION 8.
PROHIBITED
ACTIVITIES
9.
USER GENERATED
CONTRIBUTIONS
10.
CONTRIBUTION LICENSE 11.
SOCIAL
MEDIA 12.
SUBMISSIONS 13.
U.S.
GOVERNMENT RIGHTS 14.
SITE MANAGEMENT 15.
PRIVACY POLICY 16.
TERM AND TERMINATION
17.
MODIFICATIONS AND INTERRUPTIONS 18.
GOVERNING LAW
19.
DISPUTE RESOLUTION
20.
CORRECTIONS
21.
DISCLAIMER
22.
LIMITATIONS OF LIABILITY
23.
INDEMNIFICATION
24.
USER DATA
25.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES 26.
CALIFORNIA USERS AND RESIDENTS 27.
MISCELLANEOUS
28.
CONTACT US
<br>
<br>
<strong>1.
AGREEMENT TO TERMS</strong>
<br> These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and GPTZero Inc.
(" <strong>Company</strong> ", “<strong>we</strong>”, “<strong>us</strong>”, or “<strong>our</strong>”),
concerning your access to and use of the
https://gptzero.me
website as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”).
We are registered in New Jersey
,
United States and have our registered office at
6800 Frist Center ,
Princeton ,
NJ 08544 .
You agree that by accessing the Site, you have read,
understood, and agree to be bound by all of these Terms of Use .
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE , THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
<br> Supplemental
terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference.
We
reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use from time to time.
We will alert you about
any changes
by updating the “Last updated” date of these Terms of Use
, and you waive any right
to receive specific notice of each such change.
Please ensure that you
check the applicable Terms every time you use our Site so that you
understand which Terms apply.
You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
<br> The
information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
<br>
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this Site.
You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
<br> The
Site is intended for users who are at least 18 years
old.
Persons under the age
of 18 are not permitted to use or register
for the Site.
<br>
<br>
<strong>2.
INTELLECTUAL PROPERTY RIGHTS</strong>
<br> Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions.
The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only.
Except as expressly provided
in these Terms of Use
, no part of the Site and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
<br> Provided
that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
<br>
<br>
<strong>3.
USER
REPRESENTATIONS</strong>
<br> By
using the Site, you represent and warrant that: (1)
all
registration information you submit
will be true, accurate, current, and complete.
(2) you
will maintain the accuracy of such information and
promptly update such registration
information
as
necessary.
(3) you
have the legal capacity
and you agree to comply with these Terms of Use
.
(4) you
are not a
minor in the jurisdiction in which you reside .
(5) you
will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise.
(6) you
will not use the Site for
any illegal or unauthorized
purpose.
and (7) your use of the Site
will not violate any applicable law or regulation.
<br> If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
<br>
<br>
<strong>4.
USER REGISTRATION</strong>
<br> You
may be
required to register with the Site.
You agree to
keep your password
confidential and will be responsible for all use
of your account and password.
We reserve the right to remove, reclaim, or
change a username you select if we
determine, in our sole discretion, that such
username is inappropriate,
obscene, or otherwise objectionable.
<br>
<br>
<strong>5.
FEES
AND PAYMENT</strong>
<br>
We accept the following forms
of payment: <br> -
Visa -
Mastercard -
American Express -
Discover -
PayPal <br> You may be
required to purchase or pay a fee to access some of our
services.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the
Site.
You further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed.
We bill you through an
online billing account for purchases made via the Site.
Sales
tax will be added to the price of purchases as deemed required
by us.
We may change prices at any time.
All payments shall be
in U.S.
dollars.
<br>
You
agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase.
If your purchase is subject
to recurring charges, then you consent
to our charging your payment method on a
recurring basis without requiring your
prior approval for each recurring
charge, until you notify us of your
cancellation.
<br> We reserve
the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We also reserve
the right to refuse any order placed through the Site.
<br>
<br>
<strong>6.
FREE TRIAL</strong>
<br> We
offer a 30-day free
trial to new users who register with the Site.
The account will be
charged according to the user’s chosen
subscription at the end of the free trial.
<br>
<br>
<strong>7.
CANCELLATION</strong>
<br> All purchases are non-refundable.
You can cancel your subscription at any time by logging into your account .
Your cancellation will take effect at the end of the
current paid term.
<br> If
you are unsatisfied with our services, please email us at team@gptzero.me .
<br>
<br>
<strong>8.
PROHIBITED ACTIVITIES</strong>
<br>
You
may not access or use the Site for any purpose other than that for which we make
the Site available.
The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
<br> As
a user of the Site, you agree not to:
<ul>
<li>Systematically
retrieve data or other content from the Site to create
or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.</li>
<li>Trick,
defraud, or mislead us and other
users, especially in any attempt
to learn sensitive account
information such as user
passwords.
</li>
<li>Circumvent,
disable, or otherwise interfere
with security-related features
of the Site, including features
that prevent or restrict the use
or copying of any Content or
enforce limitations on the use
of the Site and/or the Content
contained
therein.
</li>
<li>Disparage,
tarnish, or otherwise harm, in
our opinion, us and/or the
Site.
</li>
<li>Use
any information obtained from
the Site in order to harass,
abuse, or harm another
person.
</li>
<li>Make
improper use of our support
services or submit false reports
of abuse or
misconduct.
</li>
<li>Use
the Site in a manner
inconsistent with any applicable
laws or
regulations.
</li>
<li>Engage
in unauthorized framing of or
linking to the
Site.
</li>
<li>Upload
or transmit (or attempt to
upload or to transmit) viruses,
Trojan horses, or other
material, including excessive
use of capital letters and
spamming (continuous posting of
repetitive text), that
interferes with any party’s
uninterrupted use and enjoyment
of the Site or modifies,
impairs, disrupts, alters, or
interferes with the use,
features, functions, operation,
or maintenance of the
Site.
</li>
<li>Engage
in any automated use of the
system, such as using scripts to
send comments or messages, or
using any data mining, robots,
or similar data gathering and
extraction
tools.
</li>
<li>Delete
the copyright or other
proprietary rights notice from
any
Content.
</li>
<li>Attempt
to impersonate another user or
person or use the username of
another
user.
</li>
<li>Upload
or transmit (or attempt to
upload or to transmit) any
material that acts as a passive
or active information collection
or transmission mechanism,
including without limitation,
clear graphics interchange
formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other
similar devices (sometimes
referred to as “spyware” or
“passive collection mechanisms”
or
“pcms”).
</li>
<li>Interfere
with, disrupt, or create an
undue burden on the Site or the
networks or services connected
to the
Site.
</li>
<li>Harass,
annoy, intimidate, or threaten
any of our employees or agents
engaged in providing any portion
of the Site to
you.
</li>
<li>Attempt
to bypass any measures of the
Site designed to prevent or
restrict access to the Site, or
any portion of the
Site.
</li>
<li>Copy
or adapt the Site’s software,
including but not limited to
Flash, PHP, HTML, JavaScript, or
other
code.
</li>
<li>Except
as permitted by applicable law,
decipher, decompile,
disassemble, or reverse engineer
any of the software comprising
or in any way making up a part
of the
Site.
</li>
<li>Except
as may be the result of standard
search engine or Internet
browser usage, use, launch,
develop, or distribute any
automated system, including
without limitation, any spider,
robot, cheat utility, scraper,
or offline reader that accesses
the Site, or using or launching
any unauthorized script or other
software.
</li>
<li>Use
a buying agent or purchasing
agent to make purchases on the
Site.
</li>
<li>Make
any unauthorized use of the
Site, including collecting
usernames and/or email addresses
of users by electronic or other
means for the purpose of sending
unsolicited email, or creating
user accounts by automated means
or under false
pretenses.
</li>
<li>Use
the Site as part of any effort
to compete with us or otherwise
use the Site and/or the Content
for any revenue-generating
endeavor or commercial
enterprise.
</li>
<li>
Sell or otherwise transfer your profile.
</li>
<li>
Use the Site to advertise or offer to sell
goods and services.
</li>
</ul>
<br>
<br>
<strong>9.
USER GENERATED CONTRIBUTIONS</strong>
<br> The Site does not offer users to
submit or post content.
We may provide you with
the opportunity to create,
submit, post, display, transmit,
perform, publish, distribute, or
broadcast content and materials
to us or on the Site, including
but not limited to text,
writings, video, audio,
photographs, graphics, comments,
suggestions, or personal
information or other material
(collectively, "Contributions").
Contributions may be viewable by
other users of the Site and
through third-party websites.
As
such, any Contributions you
transmit may be treated in
accordance with the Site Privacy
Policy.
When you create or make
available any Contributions, you
thereby represent and warrant
that: <ul>
<li>
The
creation, distribution,
transmission, public display, or
performance, and the accessing,
downloading, or copying of your
Contributions do not and will
not infringe the proprietary
rights, including but not
limited to the copyright,
patent, trademark, trade secret,
or moral rights of any third
party.
</li>
<li>
You are
the creator and owner of or have
the necessary licenses, rights,
consents, releases, and
permissions to use and to
authorize us, the Site, and
other users of the Site to use
your Contributions in any manner
contemplated by the Site and
these Terms of
Use .
</li>
<li>
You
have the written consent,
release, and/or permission of
each and every identifiable
individual person in your
Contributions to use the name or
likeness of each and every such
identifiable individual person
to enable inclusion and use of
your Contributions in any manner
contemplated by the Site and
these Terms of
Use .
</li>
<li>
Your
Contributions are not false,
inaccurate, or
misleading.
</li>
<li>
Your
Contributions are not
unsolicited or unauthorized
advertising, promotional
materials, pyramid schemes,
chain letters, spam, mass
mailings, or other forms of
solicitation.
</li>
<li>
Your
Contributions are not obscene,
lewd, lascivious, filthy,
violent, harassing, libelous,
slanderous, or otherwise
objectionable (as determined by
us).
</li>
<li>
Your
Contributions do not ridicule,
mock, disparage, intimidate, or
abuse anyone.
</li>
<li>
Your
Contributions are not used to
harass or threaten (in the legal
sense of those terms) any other
person and to promote violence
against a specific person or
class of
people.<br>
</li>
<li>
Your
Contributions do not violate any
applicable law, regulation, or
rule.<br>
</li>
<li>
Your
Contributions do not violate the
privacy or publicity rights of
any third
party.<br>
</li>
<li>
Your
Contributions do not violate any
applicable law concerning child
pornography, or otherwise
intended to protect the health
or well-being of
minors.<br>
</li>
<li>
Your
Contributions do not include any
offensive comments that are
connected to race, national
origin, gender, sexual
preference, or physical
handicap.<br>
</li>
<li>
Your
Contributions do not otherwise
violate, or link to material
that violates, any provision of
these Terms of
Use , or any applicable law or
regulation.
</li>
</ul>
Any
use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use
the Site.
<br>
<br>
<strong>10.
CONTRIBUTION LICENSE</strong>
<br> You
and the Site agree that we may access, store, process,
and use any information and personal data that you
provide following the terms of the Privacy Policy and
your choices (including settings).
<br>
By
submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
<br>
We
do not assert any ownership over your Contributions.
You
retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions.
We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal
action against us regarding your Contributions.
<br>
<br>
<strong>11.
SOCIAL
MEDIA</strong>
<br> As
part of the
functionality of the
Site, you may link your
account with online
accounts you
have with third-party
service providers (each
such account, a
“Third-Party Account”)
by either: (1) providing
your Third-Party Account
login information
through the Site.
or (2)
allowing us to access
your Third-Party
Account, as is permitted
under the applicable
terms and conditions
that govern your use of
each Third-Party
Account.
You represent
and warrant that you are
entitled to disclose
your Third-Party Account
login information to us
and/or grant us access
to your Third-Party
Account, without breach
by you of any of the
terms and conditions
that govern your use of
the applicable
Third-Party Account, and
without obligating us to
pay any fees or making
us subject to any usage
limitations imposed by
the third-party service
provider of the
Third-Party Account.
By
granting us access to
any Third-Party
Accounts, you understand
that (1) we may access,
make available, and
store (if applicable)
any content that you
have provided to and
stored in your
Third-Party Account (the
“Social Network
Content”) so that it is
available on and through
the Site via your
account, including
without limitation any
friend lists and (2) we
may submit to and
receive from your
Third-Party Account
additional information
to the extent you are
notified when you link
your account with the
Third-Party Account.
Depending on the
Third-Party Accounts you
choose and subject to
the privacy settings
that you have set in
such Third-Party
Accounts, personally
identifiable information
that you post to your
Third-Party Accounts may
be available on and
through your account on
the Site.
Please note
that if a Third-Party
Account or associated
service becomes
unavailable or our
access to such
Third-Party Account is
terminated by the
third-party service
provider, then Social
Network Content may no
longer be available on
and through the Site.
You will have the
ability to disable the
connection between your
account on the Site and
your Third-Party
Accounts at any time.
PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE
THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED
SOLELY BY YOUR
AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE
PROVIDERS.
We make no
effort to review any
Social Network Content
for any purpose,
including but not
limited to, for
accuracy, legality, or
non-infringement, and we
are not responsible for
any Social Network
Content.
You acknowledge
and agree that we may
access your email
address book associated
with a Third-Party
Account and your
contacts list stored on
your mobile device or
tablet computer solely
for purposes of
identifying and
informing you of those
contacts who have also
registered to use the
Site.
You can deactivate
the connection between
the Site and your
Third-Party Account by
contacting us using the
contact information
below or through your
account settings (if
applicable).
We will
attempt to delete any
information stored on
our servers that was
obtained through such
Third-Party Account,
except the username and
profile picture that
become associated with
your account.
<br>
<br>
<strong>12.
SUBMISSIONS</strong>
<br> You
acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and
shall become our sole property.
We shall own
exclusive rights, including all intellectual
property rights, and shall be entitled to the
unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or
compensation to you.
You hereby waive all moral
rights to any such Submissions, and you hereby
warrant that any such Submissions are original
with you or that you have the right to submit
such Submissions.
You agree there shall be no
recourse against us for any alleged or actual
infringement or misappropriation of any
proprietary right in your Submissions.
<br>
<br>
<strong>13.
U.S.
GOVERNMENT
RIGHTS</strong>
<br> Our
services are “commercial items” as
defined in Federal Acquisition
Regulation (“FAR”) 2.101.
If our
services are acquired by or on behalf of
any agency not within the Department of
Defense (“DOD”), our services are
subject to the terms of these Terms of Use in accordance with FAR 12.212
(for computer software) and FAR 12.211
(for technical data).
If our services
are acquired by or on behalf of any
agency within the Department of Defense,
our services are subject to the terms of
these Terms of Use in accordance with Defense
Federal Acquisition Regulation (“DFARS”)
227.7202-
3.
In addition, DFARS
252.227-7015
applies to technical data acquired by
the DOD.
This U.S.
Government Rights
clause is in lieu of, and supersedes,
any other FAR, DFARS, or other clause or
provision that addresses government
rights in computer software or technical
data under these Terms of Use .
<br>
<br>
<strong>14.
SITE MANAGEMENT</strong>
<br> We
reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use
.
(2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or
these Terms of Use
,
including without
limitation, reporting such user to law
enforcement authorities.
(3) in our sole
discretion and without limitation, refuse,
restrict access to, limit the
availability of, or disable (to the extent
technologically feasible) any of
your Contributions or any portion thereof.
(4)
in our sole discretion and
without limitation, notice, or liability, to
remove from the Site or otherwise
disable all files and content that are excessive
in size or are in any way
burdensome to our systems.
and (5) otherwise
manage the Site in a manner
designed to protect our rights and property and
to facilitate the proper
functioning of the Site.
<br>
<br>
<strong>15.
PRIVACY
POLICY</strong>
<br> We
care about data privacy
and security.
Please
review our Privacy
Policy: <strong> gptzero.me/privacy-policy.html </strong>.
By using the
Site, you agree to be
bound by our Privacy
Policy, which is
incorporated into these Terms of Use .
Please be
advised the Site is
hosted in the United States .
If you access
the Site from any other
region of the world with
laws or other
requirements governing
personal data
collection, use, or
disclosure that differ
from applicable laws in the United
States , then through
your continued use of
the Site, you
are transferring your
data to the United
States , and you agree
to have your data
transferred to and
processed in the United
States .
<br>
<br>
<strong>16.
TERM AND
TERMINATION</strong>
<br> These Terms of Use shall remain in full force and effect while you
use the Site.
WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE
,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE
OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
<br> If
we terminate
or suspend your account for any reason,
you are prohibited from registering and
creating a new account under your name,
a fake or borrowed name, or the name of
any third party, even if you may be
acting on behalf of the third party.
In
addition to terminating or suspending
your account, we reserve the right to
take appropriate legal action, including
without limitation pursuing civil,
criminal, and injunctive
redress.
<br>
<br>
<strong>17.
MODIFICATIONS AND
INTERRUPTIONS</strong>
<br> We
reserve the right to change, modify, or remove
the contents of the Site at any time or for any
reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Site.
We also reserve the
right to modify or discontinue all or part of
the Site without notice at any time.
We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site.
<br> We
cannot guarantee the Site will be available at
all times.
We may experience hardware, software,
or other problems or need to perform maintenance
related to the Site, resulting in interruptions,
delays, or errors.
We reserve the right to
change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any
reason without notice to you.
You agree that we
have no liability whatsoever for any loss,
damage, or inconvenience caused by your
inability to access or use the Site during any
downtime or discontinuance of the Site.
Nothing
in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections,
updates, or releases in connection therewith.
<br>
<br>
<strong>18.
GOVERNING
LAW</strong>
<br> These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of Delaware applicable
to agreements made and to be entirely performed
within the State of Delaware , without regard to its conflict
of law principles.
<br>
<br>
<strong>19.
DISPUTE RESOLUTION</strong>
<br>
<strong>Informal
Negotiations</strong>
<br> To
expedite resolution
and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each
"Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration.
Such informal
negotiations commence upon written notice from one Party
to the other Party.
<br>
<strong>Binding
Arbitration</strong>
<br> If the Parties are unable
to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org.
Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the arbitrator to
be excessive, we will pay all arbitration fees and
expenses.
The arbitration
may be conducted in
person, through the submission of documents, by phone, or online.
The arbitrator
will make a decision in writing, but need not provide a statement of reasons
unless requested by either Party.
The arbitrator must follow applicable law, and
any award may be challenged if the arbitrator fails to do so.
Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Delaware .
Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate,
or enter judgment on the award entered by the arbitrator.
<br>
If for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and
federal courts located in Delaware , and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts
.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms of Use
.
<br> In no event shall
any
Dispute brought by either Party related in any way to the Site be
commenced more than one (1) years after the
cause of action arose.
If
this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
<br>
<strong>Restrictions</strong>
<br>
The
Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually.
To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding.
(b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures.
and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other
persons.
<br>
<strong>
</strong>
<strong>Exceptions to Informal
Negotiations and Arbitration</strong>
<strong>
</strong>
<br> The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
and (c) any claim for injunctive relief.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
<br>
<br>
<strong>20.
CORRECTIONS</strong>
<br>
There
may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information.
We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any
time, without prior notice.
<br>
<br>
<strong>21.
DISCLAIMER</strong>
<br>
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
<br>
<br>
<strong>22.
LIMITATIONS OF LIABILITY</strong>
<br>
IN
NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT
PAID, IF
ANY,
BY
YOU
TO US DURING
THE SIX
(6) MONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING .
CERTAIN
US
STATE
LAWS
AND
INTERNATIONAL
LAWS
DO
NOT
ALLOW
LIMITATIONS
ON
IMPLIED
WARRANTIES
OR
THE
EXCLUSION
OR
LIMITATION
OF
CERTAIN
DAMAGES.
IF
THESE
LAWS
APPLY
TO
YOU,
SOME
OR
ALL
OF
THE
ABOVE
DISCLAIMERS
OR
LIMITATIONS
MAY
NOT
APPLY
TO
YOU,
AND
YOU
MAY
HAVE
ADDITIONAL
RIGHTS.
<br>
<br>
<strong>23.
INDEMNIFICATION</strong>
<br>
You
agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) use of the Site.
(2) breach of these Terms of Use
.
(3) any breach of your representations
and warranties set forth in these Terms of Use
.
(4) your violation of the rights of a
third party, including but not limited to intellectual property rights.
or (5) any overt
harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
<br>
<br>
<strong>24.
USER DATA</strong>
<br>
We
will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as data relating to your
use of the Site.
Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site.
You agree that we shall have no liability to you for any loss
or corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
<br>
<br>
<strong>25.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES</strong>
<br>
Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications.
You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
<br>
<br>
<strong>26.
CALIFORNIA USERS AND RESIDENTS</strong>
<br>
If any
complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
<br>
<br>
<strong>27.
MISCELLANEOUS</strong>
<br>
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us.
Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such
right or provision.
These Terms of Use operate to the fullest extent permissible
by law.
We may assign any or all of our rights and obligations to others at any time.
We
shall not be responsible or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control.
If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions.
There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by
virtue of having drafted them.
You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use
.
<br>
<br>
<strong>28.
CONTACT US</strong>
<br>
In
order
to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
<br>
<strong>GPTZero Inc.</strong>
<strong>
35 Olden St<strong>
</strong>
</strong>
<strong>
Princeton<strong> , NJ </strong>
<strong> 08544 </strong>
<strong>
</strong>
</strong>
<strong>United States</strong>
<strong>
<strong>
<strong>
</strong>
<strong>
</strong>
</strong>
</strong>
<strong>
</strong>
<strong>team@gptzero.me</strong>