5. SUBMISSION OF IDEAS GLAB policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to GLAB through this Site or otherwise shall be the property of GLAB, and may be treated by GLAB as non-confidential information. GLAB shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
7. YOUR ACCOUNT If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. GLAB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). GLAB does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. GLAB is not responsible for the Third-Party Pages or any ThirdParty Applications accessed through the Site. You agree that GLAB shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate the GLAB’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. GLAB makes no representations or warranties with respect to the content, ownership, or Privileged & Confidential Attorney-Client Communication legality of any such linked third party website. If you choose to leave the Siteto access any ThirdParty Pages or Third-Party Applications, you do so at your own risk.
10. MODIFICATION OR SUSPENSION OF THE SITES You agree that GLAB may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
13. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and GLAB or GLAB’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or GLAB may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND GLAB ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlinedarbitration. The Minimum Standards are available at https://www.jamsadr.com/consumerminimum-standards/. You and GLAB must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) GLAB will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, GLAB will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and Privileged & Confidential Attorney-Client Communication void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Massachusetts. Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration.
14. NOTICE AND TAKE DOWN PROCEDURES If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting GLAB (address identified below) and providing the following information: (a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (b) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission; (c) Your name, address, telephone number, and (if available) email address; (d) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law; (e) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and (f) A signature or the electronic equivalent from the copyright holder or authorized representative. In an effort to protect the rights of copyright owners, GLAB maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.