Terms And Condition
GLOBE Customer Portal Agreement
This Customer Portal Agreement (“Agreement”) is made by and between Globe Machine Manufacturing Company (“GLOBE”) and the authorized Customer (“You”) effective immediately upon your acceptance of the following terms and conditions of use:
GLOBE provides a voluntary secure internet site (“Customer Portal” or the “Portal”) to permit easy and secure electronic access to certain information and documents (may include confidential documents) created or maintained by GLOBE.
GLOBE has sole discretion to decide which types of documents can be uploaded or viewed on the Customer Portal.
Acceptance of Terms and Conditions of Use
GLOBE’s Customer Portal is offered to you conditioned upon your acceptance of the terms, conditions, and notices contained here. By using the Portal, you also agree to the storing of cookies on your device to enhance site navigation and measure site usage. GLOBE may modify, suspend, discontinue, or restrict the use of any portion of the Portal, including the availability of any portion of the content at any time, without notice or liability.
Description of Service
The Portal provides authorized Customers with access to information displayed on the Portal for deliveries of information and documents for their account only. The information and documents on the Portal are provided as a convenient resource to Customers and may be used for informational purposes only. The information and documents contained on the Portal should NOT be used as a substitute for consultation with GLOBE’s engineers, other technical or sales staff, or another competent GLOBE advisor.
GLOBE will use commercially-reasonable efforts to provide 24-hour daily availability of the Customer Portal. However, GLOBE makes no representation or warranty that 24-hour service will be available. You acknowledge and agree that the Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. GLOBE shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to the Portal. GLOBE is not responsible for any problems or technical malfunctions of any telephone or fiber network or lines, computer on-line systems, servers or providers, computer equipment, software, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials from the Portal.
User Password and Security
Using the Portal requires the use of a user name and password for each authorized employee. The confidentiality of the user name, password, and account itself are the responsibility of the Customer. Any activities that occur under your user accounts are your responsibility. You agree to notify GLOBE immediately of any unauthorized use of accounts or any other breach of security. The use of another Customer’s user name and password is expressly prohibited.
You acknowledge that the use of a user name and password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, and controlling access to and maintaining strict confidentiality of your user name and password, (2) not allowing an unauthorized person to use your user name or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your user name and password, and (4) promptly informing GLOBE in writing of any need to deactivate a user name due to security concerns or otherwise.
GLOBE is not liable for any harm related to the misuse or theft of user names or passwords, disclosure of user names or passwords, or the Customer’s authorization to allow another person or entity to access and use the Customer Portal using its user name or password. You shall immediately notify GLOBE of any unauthorized use of your user name or password and any breach of confidentiality. Until GLOBE receives this notification from you, you will be held liable for any harm ensuing from the unauthorized use of your user name or password on the Portal.
GLOBE will use its best efforts to make the Customer Portal secure from unauthorized access. The Customer Portal server operating system and applications software will be updated and virus-scanned regularly. However, you recognize that no completely secure system for electronic data transfer has yet been devised. GLOBE MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE CUSTOMER PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE CUSTOMER PORTAL.
Termination of Logon Account
The Customer agrees to notify GLOBE immediately when its account is to be terminated. GLOBE will make every effort to terminate access immediately. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from GLOBE.
Accuracy of Content and Liability Disclaimer
To the maximum extent permitted by applicable law, all such information and documents are provided “as is” without warranty or condition of any kind. GLOBE and its suppliers hereby disclaim all warranties and conditions regarding such information and documents, including without limitation, all implied warranties or conditions of merchantability, fitness-for-a- particular-purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall GLOBE, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the Portal, with the delay or inability to use the Portal, whether based in contract, tort, negligence, strict liability, or otherwise, even if GLOBE or its suppliers has been advised of the possibility of damages. Certain states do not permit these types of limitations, so the above limitations may not apply to you.
Given the changing nature of federal and state laws and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in the Customer Portal. As such, no information on the Portal should be used as a substitute for consultation with GLOBE’s engineers, other technical or sales staff, or another competent GLOBE advisor.
If you are dissatisfied with any portion of the Portal, information, or documents on the Portal, or with any of these terms and conditions of use, then your sole and exclusive remedy is to cease using the Portal and the information and/or documents obtained from the Portal.
Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively, the “Marks") displayed on the Portal are registered and common law trademarks of GLOBE or others. Nothing contained on the Portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Marks displayed on the Portal without the written permission of the owner. The Customer’s use of any of the Marks displayed on the Portal or displayed on any content on the Portal is strictly prohibited.
You should assume that everything you see or read on the Portal is copyrighted and/or is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the Portal without the written permission of GLOBE or its suppliers.
Changes to Terms and Conditions of Use
GLOBE reserves the right to modify the terms, conditions, and notices under which the Portal is offered. Your continued use of the Portal after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes.
Confidentiality, Information Protection, and Protection of Data
Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and GLOBE, you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession using the Portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the Portal concerning your account, you agree to maintain the strict confidentiality of access of the Portal and its data to you and your authorized employees and to indemnify and hold harmless GLOBE and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from your use of the Portal or because of violation of these terms and conditions of use.
No Unlawful or Prohibited Use
You are prohibited from using the Portal to damage, disable, or overburden GLOBE’s servers or network or impair the Portal or interfere with any other party’s use of the Portal. Hacking, password mining, or any other means to gain unauthorized access to the Portal, Portal accounts, computers, or network is prohibited.
This is the entire agreement between GLOBE and you regarding its subject matter. This Agreement does not modify or affect any existing or future purchase agreement or confidential disclosure agreement between you and GLOBE. In the event any of the provisions of the terms and conditions of use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from this Agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the terms and conditions of use or any other notice, directive, or rule otherwise posted on the Portal shall constitute a consent to any prior or subsequent breach. These terms and conditions of use will be governed by the laws of the State of Washington, United States of America.
Term and Termination
This Agreement and the services contemplated by it may be terminated by either GLOBE or you with or without notice at any time. GLOBE may at any time terminate in whole or in part the Customer Portal without notice or liability.
By checking “I Accept,” you hereby acknowledge that you have read the terms and conditions of use portions of this Agreement and that you agree to these terms and conditions of use. If you do not agree with these terms and conditions of use, then do not click “I Agree” and do not access the Customer Portal. For the sake of clarity, this Agreement does not modify or affect any existing or future purchase agreement or non-disclosure agreement between you and GLOBE.