These Terms of Service ("Agreement," "Terms" or "Terms of Service") are a legally binding agreement between you (the "Panelist," "User," "you," or "your") and GLocal Mind Inc., ("GLocal Mind," "GLocal Panel," "we," "us," "our"). You acknowledge and agree that your use of the GLocal Panel platform (the "Platform") through GLocal Panel's website at www.glocalpanel.com, (the "Website") including, without limitation, all content such as text, information, images, GLocal Panel or GLocal Mind branded products, pages, conversations, software and other information, services and materials (collectively, the "Materials") and all information made available to you or by you through this Website, App, or Platform by GLocal Panel and/or third parties, will be governed by this Agreement, our [Privacy Policy] , and any related terms.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@glocalmind.com.
Your use of our Website, App, or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our [Privacy Policy] referenced herein.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN ENTER INTO A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR [Privacy Policy] REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE, APP, OR PLATFORM.
Capitalized terms not defined herein shall have the same meaning ascribed to them under our [Privacy Policy] .
This Website is owned and operated by GLocal Mind, Inc., a US based business located at located at 4512 Legacy Dr, Ste 100, Plano, TX, 75024, with operations around the world. GLocal Panel is a professional online research portal, which adheres to PMRG guidelines in protecting respondent confidentiality along with ESOMAR (European Society for Opinion and Marketing Research) and BHBIA codes of conduct.
Our [Privacy Policy] describes how we handle the personal and business information you provide to us when you register for our Website, App, or Platform. You understand that through your use of our Website, App, or Platform, you consent to the collection and use (as set forth in the [Privacy Policy] ) of this information, processing and use by GLocal Panel and our affiliates.
To be eligible to access and/or use our Website, App, or Platform, you must meet the following criteria and represent and warrant that you:
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App, or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App, or Platform and content made available in or otherwise accessible through our Website, App, or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App, or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App, or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO FIFTY FIVE UNITED STATES DOLLARS (USD 55).
GLocal Panel may terminate this use license at any time if you are in breach of the terms of this Agreement or any related terms. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Website, App, and Platform.
You agree that our Platform, including but not limited to the Materials, which are owned by GLocal Panel and/or our licensors, including our customers, brands, and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information, or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App, or Platform, in any manner, and you will not exploit our Website, App, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App, or Platform to transmit any computer viruses, worms, trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App, or Platform.
You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App, or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App, or Platform, whether expressly, by implication, estoppel, or otherwise. GLocal Panel and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You can access and use our Website at www.glocalpanel.com . If you want to access and use our App, please go to your Google Play Store or Apple App Store to download the App. When downloading and using our App and Platform, you are required to provide us with registration information including personal information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our [Privacy Policy] . You agree to cooperate with us if the security of our Website, App, or Platform is compromised by you or another person through the use of our Website, App or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.
We collect personal and business information (as set forth in our [Privacy Policy] ), which we need, from you when you register to use our Website, App, or Platform. This information given at the registration is stored on our servers in an aggregated and depersonalized form. This information is necessary for us to provide our Website, App, or Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website, App, or Platform to you. Please send your requests to us at support@glocalmind.com .
To be enrolled as a member of GLocal Panel ("Member," or "Membership"), you must complete your personal profile ("Profile"). In completing your Profile, you will be asked to provide personal information about you and key profiling demographics that we need, at a minimum, to ensure you are eligible to become a Member, and to ensure that once you have successfully registered with GLocal Panel that you have an opportunity to be invited to the surveys as may be applicable. Providing additional information as part of your Profile, which is accessible on your personal member page, is not required but may further increase your chances of being invited to surveys relevant to you. You are responsible for ensuring that any information contained in your Profile or provided to GLocal Panel at any point are true, accurate and current.
As a Member, GLocal Panel (or its service providers or affiliates on GLocal Panel's behalf) may contact you multiple times via any and all contact information that you provide. You may only join GLocal Panel once and therefore Membership is personal to you and is not transferable to any other person. GLocal Panel has the right to refuse any GLocal Panel member inclusion in its Platform.
Upon enrollment/registration you will be provided with a unique identification code that will be used in all future communications with you and will help us keep your identity confidential when you participate in Opportunities (see Section 8(c)).
It remains your responsibility to ensure your login credentials (email, password, or the One Time Password) are kept confidential. GLocal Panel will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password.
Upon your successful enrollment as a Member, you may be eligible to participate in online market surveys ("Opportunities ") designed by GLocal Panel and its clients to provide your opinions based on your daily medical practices to various healthcare and pharmaceutical companies. Participation in Opportunities may include interactions on third party websites. GLocal Panel rewards its members who participate in Opportunities for the valuable time and expertise they provide us with honorarium, as per Section 9.
If you no longer wish to be a Member, you may request to be removed from GLocal Panel at any time.
You can request your personal details to be removed from the GLocal Panel active database and to have your participation in GLocal Panel terminated by: (i) Deactivating your GLocal Panel account in your Account Settings; (ii) Sending us an e-mail at support@glocalmind.com from the e-mail address you registered with and with the words "Remove Me" in the subject line; or (iii) Clicking on the Unsubscribe Link in the Survey Invitation Page or the Login Page. Failure to follow the stated procedure correctly may result in delay in the removal of your information from the Panel databases. Your removal request will be dealt with promptly. However, there may be a gap of up to 1 month between your request to be removed and the cessation of the receipt of any further e-mails from GLocal Panel.
GLocal Panel reserves the right to suspend or cancel any Membership in GLocal Panel, together with any outstanding honoraria or incentives, if applicable, if one of the following events occurs:
Our Website, App, and Platform are currently provided to you at no cost. In the event that we change this in the future,] we will communicate such modification to you as per the procedure detailed under Section 21 or as otherwise specified in another agreement between GLocal Panel and you.
GLocal Panel rewards its members who participate in Opportunities for the valuable time and expertise they provide with honorarium. Should you participate as a Member to respond to surveys or other Opportunities as contemplated above, you may be entitled to compensation in the form of Honoraria ("Honoraria," "Honorarium," or "Incentive") for completed participation, depending upon the specifics of the survey or Opportunity. The value of your Honorarium, communicated to you prior to survey participation, is dependent on multiple factors, such as the length of the survey and the complexity of the research project, the type of survey, and any local regulations in your jurisdiction
Your completion an Opportunity does not constitute confirmation of GLocal Panel's obligation to compensate you for such participation. Compensation for such Opportunities shall be paid at the sole discretion and satisfaction of GLocal Panel. Compensation will only be paid if (i) the Opportunity is completed fully; (ii) the Opportunity is completed with answers of reasonably good quality; (iii) the Opportunity is completed to the satisfaction of GLocal Panel and its Clients; and (iv) you have received a confirmation on the Website or App indicating your Compensation is ready to be redeemed ("Redemption Confirmation").
No payments shall be made by GLocal Panel fulfillment of all these aforementioned conditions. The value of an Opportunity is subject to change at any time without notice. The criteria by which an Opportunity becomes eligible for payment is subject to change at any time. GLocal Panel reserves the right at any time to withhold or cancel any of your payments or fees due for any reason including any actions or omissions on your part that are not completed, unauthorized, fraudulent, or otherwise violate the terms of this Agreement.
Upon completion of an Opportunity for which you are entitled to an Honorarium in accordance with Section 9(c), the funds will be transferred to your GLocal Panel Account ("Account"). The Honorarium that you earn are accumulated until withdrawn. In order to withdraw your honoraria, you must (i) email GLocal Panel at support@glocalmind.com with the words "Redeem Honorarium" in the subject line ("Withdrawal Email"); (ii) specify your preferred mode of receiving the payment, that is specify if you would like to receive the payment in you between PayPal Account or your Amazon Pay account ("Payment Preference") in the Withdrawal Email; and (iii) attach the Redemption Confirmation in the Withdrawal Email.
GLocal Panel takes all reasonable measures to meet its goal that any applicable Honoraria payments are generally made to you within thirty (30) days after your Withdrawal Email is received by GLocal Panel, depending on your Payment Preference. The length of the payment time may vary depending on your country of residence and payment preference, as well as the particular survey sponsor. You are responsible to notify GLocal Panel if you do not receive an honorarium or incentive that you believe you are due, within 6 months of completion of the applicable survey. Failing to do so may further delay or result in the waiver of your payment. GLocal Panel shall not be liable for any losses suffered due to any errors in the administration of Honoraria due to incorrect payment details that you provide to GLocal Panel.
You are responsible to declare any taxes, if due, to your local financial authorities as a result of Honoraria that you receive as further set forth below. GLocal Panel will not be liable for any taxes or for providing any assistance on tax matters.
In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, such tax or deduction shall be paid by you, so that the payments by GLocal Panel shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property, and ad valorem taxes, which may be imposed or assessed with respect to payments made by GLocal Panel to you under this Agreement.
GLocal Panel reserves the right to withhold or cancel your balance of Honoraria due, in whole or in part, if it suspects fraud, foul play or breach of any of the clauses set out in this Agreement. GLocal Panel reserves the right, to amend or withdraw any funds credited to your Account in error. GLOCAL PANEL RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PAYMENT AND OTHER TERMS PROVIDED BY THIS WEBSITE, APP, AND PLATFORM, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE, APP, AND PLATFORM OR BY E-MAIL DELIVERY TO YOU.
As a condition to access our Website, App, or Platform, you agree to this Agreement and to strictly observe the following:
You understand and agree that you may receive information and push notifications from GLocal Panel via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not GLocal Panel.
You agree to indemnify, defend, and hold GLocal Panel and our officers, employees, managers, directors, customers, and agents (the "Indemnitees") harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneysâ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against GLocal Panel and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations; or (v) an unauthorized use by you or your employees, agents, contractors or invitees of the Intellectual Property of any third-party or the Intellectual Property of GLocal Panel.
Neither the content nor any other service offered by or through this Website, App, and Platform is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that GLocal Panel, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. GLocal Panel does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Website, App, and Platform. Your reliance upon the Materials obtained or used by you is solely at your own risk.
Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App, or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform; and (iv) whether our Website, App, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, App, or Platform, will create any warranty or representation not expressly made herein.
GLOCAL PANEL DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE, APP, OR PLATFORM, BUT GLOCAL PANEL WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL GLOCAL PANEL BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND GLOCAL PANEL SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
The Website, App, and Platform is not intended, nor does it permit the transmission, storing, review or receipt of confidential patient information ("Patient Information").
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE WEBSITE, APP, AND PLATFORM OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO GLOCAL PANEL) THAT IN OUR SOLE DISCRETION VIOLATES THESE TERMS.
We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website, App, or Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our [Privacy Policy] , (ii) you create risk or possible legal exposure for GLocal Panel; or (iii) our provision of our Website, App, or Platform to you is no longer commercially viable. We will make commercially reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website, App, or Platform.
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA Takedown Notice")) must be provided to our designated Copyright Agent.
GLocal Panel's Copyright Agent to receive DMCA Takedown Notices is Meghamala Hegde, support@glocalmind.com , at GLocal Panel, Attn: DMCA Notice, GLocal Mind Inc., 4512 Legacy Dr, Ste 100, Plano, TX, 75024. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by GLocal Panel in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement, in whole or in part, or any benefits, rights, interests, or obligation hereunder to any other party or legal entity. Any attempted assignment on your part shall be void.
You agree and acknowledge that GLocal Panel may assign this Agreement, in whole or in part, in its sole discretion.
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act, and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, "Export") our Website, App, or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our Website, App, or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Website, App, or Platform shall constitute your consent to such changes and modified Terms.
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind GLocal Panel to any obligation, agreement, debt, or liability. The User shall not hold itself out as an agent or representative of GLocal Panel.
This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware. for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 24 of these Terms.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GLOCAL PANEL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and GLocal Panel agree (a) to waive your and GLocal Panel's respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, App, or Platform, resolved in a court, and (b) to waive your and GLocal Panel's respective rights to a jury trial. Instead, you and GLocal Panel agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
You and GLocal Panel agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website, App, or Platform is personal to you and GLocal Panel and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and GLocal Panel agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and GLocal Panel agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and GLocal Panel agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
You and GLocal Panel agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to GLocal Panel shall be sent by certified mail or courier to GLocal Panel, Attn: Meghamala Hegde, GLocal Mind Inc., 4512 Legacy Dr, Ste 100, Plano, TX, 75024. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your GLocal Panel account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you may be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and GLocal Panel cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or GLocal Panel may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND GLOCAL PANEL AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR GLOCAL PANEL WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND GLOCAL PANEL WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and GLocal Panel agree that (a) any arbitration will occur in Delaware, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
As limited by the FAA, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys fees and expenses, to the extent provided under applicable law.
The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: GLOCAL MIND, INC., RE: OPT-OUT, GLOCAL MIND INC., 4512 LEGACY DR, STE 100, PLANO, TX, 75024. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 23.
This Agreement along with our Privacy Policy constitutes the entire agreement between you and GLocal Panel and supersedes any prior agreements between you and GLocal Panel with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to GLocal Panel shall be given by certified mail, postage prepaid and return receipt requested to GLocal Panel at GLocal Mind Inc., 4512 Legacy Dr, Ste 100, Plano, TX, 75024. Any notices to you shall be provided to you through our Website, App, or Platform or given to you via the email address or physical address you provide to GLocal Panel during the registration process.
Copyright ©2019 GLocalpanel.com. Reproduction is forbidden unless authorized. All rights reserved.
Copyright ©2019 GLocalpanel.com.
