Terms of Service
Acceptance of Terms
If you enter into this Agreement on behalf of a company, third-party, or other legal entity, you are acknowledging that you have the authority to bind said entity to this Agreement, and agree to the Terms on the entity’s behalf. In such cases, any terms or phrasing in this Agreement that refer to “you,” “your” or “client” will also refer to said entity.
Any participation in or accessing of this Website will constitute acceptance of this Agreement. If you do not agree to abide by the above, please do not use this Website.
By accessing and using this Website or any of the Services offered, you represent and affirm that (a) all information you submit to the Website for registration or communication is truthful and accurate; (b) you will maintain the accuracy of such information and notify the Company of any changes to your information while using our Services; and (c) you are 18 years of age or older. Children under the age of 18 are prohibited from using the Services on this Website, creating accounts on this Website, and purchasing, enrolling or accessing any of our Services. Any accounts or information provided by our Services may be terminated and deleted without warning, if we believe that you are below the age of 18.
All of the content and information on the Website and provided by our Services (collectively, the “Content”) is protected by intellectual property laws, including but not limited to copyright and patent laws. The content is intended for the use of the clients and customers of Gale Force Digital Technologies, Inc., only and any other uses of the Content not expressly permitted by these Terms constitutes a breach of these Terms and may violate intellectual property and other laws.
By using the Website and our Services, you understand that all of the Content is provided “as-is” and that your use of the Content is done so at your own risk. We make no express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Content or the Website or its functionality.
You may not reproduce the Content on the Website other than for your own personal, non-commercial use. With regard to any of the Content on the Website or provided by our Services, the following activities are prohibited: (1) using robots, spiders, or other automatic devices (or manual processes) to monitor, copy, scrape or otherwise reproduce the Content contained on the Website without our prior express written permission; (2) decompiling, reverse engineering, disassembling or otherwise making any attempt to obtain the source code for any software on the Website or software used to provide our Services; (3) engaging in any activity or taking any action that imposes an unreasonably large load on the hardware and software infrastructure of this Website or our Services.
Links to Other Sites
The Website and Services may contain links to other independent or third-party websites (collectively, “Linked Sites”). These Linked Sites are provided solely for the convenience of users on our Website and of our Services. Linked Sites are not under our control, and you understand and agree that we are not responsible for the content or accuracy of any information or materials found on said Linked Sites. We also do not make any endorsements of information or materials found on Linked Sites. Please make your own independent judgment on how to interact with Linked Sites.
Copyright, Patent and Other Intellectual Property
Gale Force Digital Technologies, Inc. owns all rights, titles and interests, including all copyright, patent and other intellectual property rights, in and to the Website. This includes, without limitation, any text, source code, programs, specifications, images, graphics, videos, audio files or other digital content, articles, news releases and blog posts. All information and content available through the Website, and the compilation of all such content, the arrangement and selection thereof, and the overall look and feel of the Website (collectively, the “Content”), and the Services we provide, are subject to this copyright notice. Any use of the Content, Website, or Services is subject to these Terms.
By visiting this website, you expressly acknowledge that the content, ideals, thoughts, methodology and processes are unique and of considerable value and that you and/or or any of your representatives or associates will in no way attempt to duplicate, imitate, emulate or in any way or manner attempt to reverse engineer or copy the content, ideas, thoughts, methodology, process and coding used on this website.
The email addresses that you upload to the Website will remain your property. The reviews generated by your use of the Website belong to us and are our intellectual property. We reserve the right to repost or propagate this content in full or in part to other websites of our choosing, including social media sites, with or without attributing the source at our discretion. Any raw data, information or content that we collect from or is made available to us by a third party (collectively, “Third Party Content”) is subject to existing copyrights. If we identify the source of Third Party Content, you agree it is not the Company’s responsibility to provide copyright information that is made available by the respective Third Party.
We respect the intellectual property of others and ask that you do the same when you engage in using our Services or accessing the Website. Our Company also has established a policy to help ensure that intellectual property is protected by providing for the removal of any infringing materials on the Website. Subject to our own internal investigation and other circumstances, we will terminate the access to our Services of any user who repeatedly infringes on the intellectual property rights of others. If you believe that a user of this Website, through use of our Services, is unlawfully infringing upon the copyrights of other works and you wish to have the allegedly infringing material removed, submit the following information in the form of a written notification pursuant to 17 U.S. Code § 512(c)(3) to our designated Copyright Agent.
- Your physical or electronic signature
- Identification of the material(s) that you claim to have been infringed
- Identification of the material(s) that you claim is infringing and request be removed from our Website or Services
- Sufficient information to permit us to locate the material(s)
- Statement in good faith that the material(s) that you claim is infringing is not being used in a way authorized by the copyright owner, its agent or under the law
- Statement that the information in the notification you submit is accurate, and under penalty of perjury, that you are the owner of the copyright or authorized to act on behalf of the copyright owner
Our designated Copyright Agent is Gale Force Digital Technologies, Inc., Attention: DCMA Notification; 8895 North Military Trail, Suite B202, Palm Beach Gardens, FL 33410; Telephone: (561) 688-8155; Fax (561) 688-8156; Email: email@example.com
By accessing this Website or using our Services you agree to indemnify, hold harmless, and defend us, our officers, directors, employees, agents and third-party suppliers or affiliates, at your expense, against any and all third-party claims, proceedings, actions, and suits brought against us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorney’s fees and other ligation expenses) incurred by us or any of our offices, directors, employees, agents, third-party suppliers or affiliates, arising out of or relating to: (a) your breach of any term or condition of this Agreement; (b) your fraudulent or malicious use of the Website or Services; (c) your violation of applicable laws, rules, and regulations in connection with the Website or Services; (d) our use of any content, information, or data that you provided to us or was generated by our Website or Services. In such cases, we will provide you with written or electronic notice of such claim, suit or action. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Limitation of Liability
Gale Force Digital Technologies, Inc., shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
Injunctive Relief, Disputes & Governing Law
You understand that any attempt to reverse engineer or simulate the functionality of this website may give rise to irreparable injury to us, inadequately compensable in damages. Accordingly, we may seek and obtain injunctive relief of the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. All claims and disputes arising under or relating to this Agreement will be governed by the State of Florida and are to be settled by binding arbitration with Arbitration Resolution Services (ARS). The parties expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com. In the event that a party fails to pay any award, the award may be converted to judgment in a Court of competent jurisdiction within Palm Beach County, Florida, USA, unless it is deemed that no court in Palm Beach County has jurisdiction over the matter, in which case it will be entered into the nearest court having jurisdiction.
Amendments or Modifications to These Terms
We reserve the right to amend or modify the terms of the Agreement at any time. Any such amendment or modification will be made effective at the time we post the revised Terms on the Website. Your continued use of the Website or Services after such an amendment or modification implies your continued acceptance of these Terms in their latest version. No amendment or modification to this Agreement will be binding unless it is done so in writing and signed by an authorized representative of the Company or posted to the site by an authorized representative of the Company.
If you wish to send us notices or require customer support, please contact us.
Phone: (561) 688-8155
Mail: Gale Force Digital Technologies, Inc.
8895 North Military Trail
Palm Beach Gardens, FL 33410
Subscriptions will be billed monthly, 15 days prior to the monthly anniversary date. For example, if your subscription commenced on April 15, your anniversary date is May 15, and your subscription will be billed on May 1. To avoid interruption of service, we strongly recommend that you provide us with a credit card authorization for this purpose. If a subscription is not paid by the monthly anniversary date, access to the system will be suspended until payment is received.
Because Services are delivered on a monthly subscription basis, there are no refunds. Cancellation of services may be effected with 30 days written notice of intent to cancel to the following address:
Gale Force Technologies, Inc.
8895 N. Military Trail
Palm Beach Gardens, FL 33410
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you sign up for services or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
To personalize each user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To quickly process your transactions.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order, enters, submits or accesses their information to maintain the safety of your personal information.
For your convenience we may store your credit card information kept for more than 60 days in order to expedite future orders, and to automate the billing process.
Do we use 'cookies'?
• Understand and save user's preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It won't affect the user’s experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We may opt to use Google AdSense Advertising on our website.
We have implemented the following:
• Demographics and Interests Reporting
We along with third-party vendors, such as Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Users are able to change their personal information:
• By logging in to their account
Do not track signals
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Third party behavioral tracking
It's also important to note that we allow third party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 18, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 18.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 1 business day
We will notify the users via in site notification
• Within 1 business day
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CANSPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org
• Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
Gale Force Digital Technologies, Inc.
8895 N. Military Trail, Suite B202
Palm Beach Gardens
Last Edited on 2015-04-29