Terms of Service
1. Services and Pricing.
(a) Sale of Services. You may order Services from GlobalMeet through one or more Service Orders, Subscription License Agreements, other order forms offered by GlobalMeet, and, in narrow circumstances, custom agreements to which GlobalMeet agrees (collectively, the “Agreements”). You (hereafter, “Customer” or “You”) will pay Webcast Plus LLC, operating as GlobalMeet® (“GlobalMeet”) for all Services provided by GlobalMeet to You pursuant to all Agreements at the Rates, Pricing, Fees and other charges (“Prices”) as stated in those Agreements. The term “Services” is cumulative and includes all GlobalMeet services described in all Agreements between You and GlobalMeet. In the event of a conflict between these Terms of Service, any Agreement and any Pricing schedules, the terms of the Agreement and Pricing schedules for the particular Service shall control. Charges for use of Services shall be invoiced and due as stated on an applicable Agreement, and if not addressed in the Agreement, charges will be invoiced on a monthly basis and are due within thirty (30) days of the invoice date. GlobalMeet reserves the right to withdraw, suspend or discontinue any functionality or feature of the GlobalMeet Webcast Services.
(b) Taxes and Other Charges. GlobalMeet reserves the right, at any time and in its sole and absolute discretion, to do any one or more of the following, each of which is effective upon written notice: (i) change Prices for Services not yet purchased; (ii) institute new Prices or additional rates, charges and/or fees for access to or use of any new Services, new features or updated features; and (iii) change the required payment terms or billing methods. GlobalMeet may suspend Your access to Services if You have previously failed to timely remit one or more payments due to GlobalMeet or if GlobalMeet determines, in its sole and absolute discretion, that Your ability to meet Your obligations as they become due may be compromised. Prices stated in any Agreement or Pricing schedule are exclusive of taxes. You will pay, and GlobalMeet reserves the right to collect in arrears, all sales, use, consumption, goods and services, excise and other taxes of every kind (with the sole exception of taxes based upon GlobalMeet’s net income), fees, surcharges, charges for universal support mechanisms (including without limitation any and all federal and state Universal Service Fund and similar charges) and other charges of any nature whatsoever, now or hereafter imposed or assessed on GlobalMeet, by any foreign, domestic, federal, state/provincial, county or local government authority upon or with respect to the Services provided (“Taxes”). You agree to immediately indemnify GlobalMeet for any Taxes paid by GlobalMeet in connection with the Services provided to you. If You claim exemption from any Taxes, You must provide GlobalMeet with a current, valid exemption certificate from the applicable regulatory authority at the time of entering into an Agreement. A tax exemption does not negate your obligation to indemnify GlobalMeet for Taxes if You failed to provide a valid exemption certificate at the time of entering into an Agreement.
(c) Credit Cards. Notwithstanding any other provision herein, for any fees and/or charges You agree to pay by credit or debit cards, You agree if payment is not timely received by GlobalMeet from the card issuer or its agents, You will pay all amounts due within three (3) days of demand by GlobalMeet. Each time You use the Services, or allow or cause the Services to be used, You authorize GlobalMeet to charge Your designated card for those Services. YOU FURTHER AGREE THAT GLOBALMEET MAY SUBMIT CHARGES DUE UNDER ANY AGREEMENT BETWEEN YOU AND GLOBALMEET FOR SERVICES WITHOUT FURTHER AUTHORIZATION FROM YOU, AND THOSE CHARGES MAY BE SUBMITTED ON A MONTHLY, QUARTERLY OR ANNUAL BASIS, AS APPLICABLE UNDER THE SUBJECT AGREEMENT. That authorization will continue until You provide prior written notice (in accordance with GlobalMeet’s verification procedures, as may be established by GlobalMeet from time to time in its sole discretion) that You terminate this authorization or desire to change Your designated card. Such notices will not affect charges submitted before GlobalMeet reasonably could act on such notice. When You provide Your card information to GlobalMeet (or its designated licensees or subcontractors), You represent and warrant to GlobalMeet that: (i) You are the authorized user of the designated card; (ii) You agree to promptly notify GlobalMeet of any changes to Your designated card account number, its expiration date or Your billing address, as applicable; (iii) in the event your card is closed or replaced, You will immediately provide to GlobalMeet all billing information for a replacement card; and (iv) You agree to notify GlobalMeet if such designated card expires or is cancelled for any reason. For the avoidance of doubt, the designated card account holder is responsible for all charges incurred, including applicable Taxes, and all Services provided or contracted to be provided by GlobalMeet under an Agreement. WITHOUT LIMITING ANY OTHER REMEDY HEREIN, IF RECURRING FEES ARE NOT PAID IN A TIMELY MANNER, OR IF GLOBALMEET IS UNABLE TO PROCESS YOUR TRANSACTION(S) USING THE DESIGNATED CARD INFORMATION PROVIDED, GLOBALMEET RESERVES THE RIGHT TO SUSPEND AND/OR TERMINATE THE SERVICES.
(d) Disputes. Past-due balances not reasonably disputed in good faith as herein provided shall be subject to an interest charge of 2.0% per month computed from the due date of each invoice previously issued, or the maximum rate legally permitted, whichever is less, and You shall pay any collection costs, including reasonable attorneys’ fees, and other expenses incurred by GlobalMeet to collect any such sums due under this Agreement. You must notify GlobalMeet of any charge disputed in good faith, with supporting documentation, within thirty (30) days from the date of invoice, or You will be deemed to agree to such charges and no adjustments to charges or invoices will be made. You remain responsible to pay charges not reasonably disputed in good faith as herein provided by the due date. GlobalMeet reserves the right to suspend Your access to Services if any amount due is not timely paid.
(e) Beta Versions. With respect to any Beta version of any of the Services (the “Beta Services”) made available to You for purposes of evaluation and feedback, You acknowledge that the Beta Services may contain bugs, errors and other problems and are provided to You “as-is.” To the extent permitted by law, GlobalMeet disclaims any warranty or liability obligations to You of any kind with respect to the Beta Services. You further acknowledge the importance of communication between GlobalMeet and You during Your use of the Beta Services and hereby agree to receive related correspondence and updates from GlobalMeet and its suppliers. In the event You request to opt-out from such communications, Your use of the Beta Services may be canceled. You also hereby acknowledge that GlobalMeet has not made any representations, promises or guarantees that the Beta Services will ever be announced, made available to anyone in the future, or continue to be available to You and that GlobalMeet has no express or implied obligation to You to announce or introduce the Beta Services. With respect to any Beta Services, to the extent of any conflict between this paragraph and the remainder of this Agreement or the terms of any other agreement between You and GlobalMeet, this the terms of this paragraph will govern. In addition to and without limiting any other rights or remedies GlobalMeet has, if GlobalMeet determines, in its sole discretion, that You have violated any conditions of and/or limitations on the Beta Services, GlobalMeet reserves the right to terminate your access to the Beta Services immediately and without notice.
2. Term and Termination.
(a) Term. The Term and deadline to use Services is as set forth in the Agreement applicable to those Services.
(b) Promotional Term; Free Trial Term. If You use Services pursuant to a promotional offer granting free Services and/or a free trial for Services, which may include without limitation the waiver of certain fees and/or other charges as defined by a particular promotional offer (“Free Services”), You will receive use of the Free Services solely for a limited period of time and all use of all Free Services shall be subject to the terms herein and any and all other restrictions, limitations and conditions identified or communicated to You in connection with the specific Free Services offer, including without limitation, You are and will remain liable for all charges not otherwise designated as specifically and expressly waived pursuant to the applicable promotional offer. Notwithstanding any other provision in this Agreement, all Free Services are provided solely as an accommodation to You, and GlobalMeet reserves the right, at all times and in its sole discretion, to terminate or modify any Free Services at any time without notice, including without limitation for any abuse of the Free Services and/or Your failure to pay fees and charges not otherwise designated as specifically and expressly waived pursuant to the applicable promotional offer. TO THE EXTENT YOU SIGN UP TO PAY FOR SERVICES BY CREDIT OR DEBIT CARDS, YOU ACKNOWLEDGE AND AGREE THAT AS A CONDITION TO RECEIVE ANY FREE SERVICES, A FEE AND/OR CHARGE, AS APPLICABLE, WILL BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (MEANING THE AMOUNTS PRE-AUTHORIZED WILL NOT BE CONSIDERED AVAILABLE CREDIT OR DEBIT FUNDS IN SUCH ACCOUNT) AND, UNLESS THE PARTIES EXPRESSLY AGREE OTHERWISE, WILL BE IMMEDIATELY CHARGED TO YOUR CREDIT OR DEBIT CARD, WITHOUT FURTHER AUTHORIZATION FROM YOU, UPON THE EXPIRATION OF THE FREE SERVICES PERIOD, UNLESS YOU TERMINATE SERVICES IN ACCORDANCE WITH THE TERMS OF THE SPECIFIC PROMOTION AND/OR THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT AND NOTWITHSTANDING ANY OTHER PROVISION HEREIN, IN THE EVENT ANY PROMOTION HAS RATES AND/OR FEES NOT IMPLEMENTED UNTIL AFTER THE END DATE FOR FREE SERVICES (“RATE IMPLEMENTATION DATE”) AND GLOBALMEET AGREES TO MAKE AVAILABLE ANY FREE SERVICES TO YOU PRIOR TO SUCH RATE IMPLEMENTATION DATE, UNLESS THE PARTIES OTHERWISE EXPRESSLY AGREE IN WRITING, YOUR INITIAL APPLICABLE TERM FOR SERVICES SHALL BE EXTENDED BY THE LENGTH OF THE FREE SERVICES PERIOD; PROVIDED, HOWEVER, IF SUCH FREE SERVICES PERIOD WOULD RESULT IN YOUR INITIAL APPLICABLE TERM ENDING IN THE MIDDLE OF A BILLING CYCLE, THEN SUCH TERM SHALL BE EXTENDED TO THE LAST DAY OF THE BILLING CYCLE.
(c) Termination for Cause. Customer may terminate an Agreement if: (i) GlobalMeet materially breaches an Agreement by failing to provide Service and such failure is not excused by the Agreement, these Terms of Service or other terms between Customer and GlobalMeet, and (ii) GlobalMeet is unable to cure the breach within thirty (30) days after receipt of written notice from Customer of such breach. GlobalMeet may terminate this Agreement and/or suspend the provision of Services immediately: (i) for illegal, fraudulent, improper or abusive use of the Services (including without limitation Your use of the Services in contravention of Section 5, to be determined in GlobalMeet’s sole discretion); (ii) if deemed reasonably necessary by GlobalMeet to prevent interruption or disruption to GlobalMeet’s network, its business or other customers; (iii) if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due (including without limitation any minimum commitments); (iv) if You or one or more of your users breach these Terms of Services, any Agreement or any other terms presented to You or your users upon accessing the Services, or (v) for breach, not subject to cure. All terminations by GlobalMeet shall be effective as of the date designated in the termination notice, which the parties recognize may be delivered to Customer on a date after the termination, and GlobalMeet shall not be liable to You or any third party should GlobalMeet exercise its right to discontinue Services, in whole or in part, or terminate an Agreement pursuant to this Section 2(c).
(d) Effect of Termination. In the event of any termination, You remain responsible and liable for all Prices any and all other charges due and incurred through the termination effective date and will not be entitled to any partial month credits or refunds of any kind, including without limitation if You did not use previously purchased Services prior to the effective date of termination.
(e) Effect of Termination for Free Services. In addition to and without limiting any other rights or remedies GlobalMeet has herein or otherwise identified or communicated to You with the specific Free Services offer, if GlobalMeet determines, in its sole discretion and whether or not it has conducted an audit, that You have violated any conditions of and/or limitations on the Free Services or any associated software, GlobalMeet reserves the right to immediately terminate the Free Services and to charge and to collect from You the amount You would have been required to pay for the Free Services as a retail customer (applying then-current list rates and/or Standard Charges, as applicable) during the period of Your non-compliance. You agree to pay this amount to GlobalMeet, plus the cost of conducting any associated audits by GlobalMeet that in the sole discretion of GlobalMeet reveal non-compliance.
3. Proprietary Information and Non-Disclosure. Each party acknowledges that, in the course of performing its duties under this Agreement, it may obtain information from the other party that is of a confidential and proprietary nature (“Proprietary Information”). Such Proprietary Information may include, but is not limited to, trade secrets, know-how, inventions, techniques, processes, computer programs, schematics, data, customer lists, financial information, vendor sources, suppliers, sales and marketing, research and development, pilot programs, customer lists and data, future plans. Without limiting the foregoing, Agreement terms and Pricing shall be considered Proprietary Information of GlobalMeet. Each party and its employees and agents shall at all times, during the term of this Agreement and thereafter, keep in trust and confidence all Proprietary Information and shall not use such Proprietary Information other than in the course of their duties under this Agreement, nor shall either party or its employees or agents disclose any of such Proprietary Information to any individual or entity without the disclosing party’s prior written consent, and in that event, only to the extent the receiving party is subject to the same confidentiality obligations. Each party further agrees to immediately return to the other party or destroy all Proprietary Information in its possession, custody or control in whatever form held upon termination of this Agreement or at any time, or from time to time, upon the request of the other party.
4. Intellectual Property.
(a) The Services provided under this Agreement and all associated intellectual and proprietary rights are the sole property of GlobalMeet and/or its suppliers. Further, except as required for use of the Services, You have no right or license to use any of the trademarks or trade names owned by, licensed to or associated with GlobalMeet and its suppliers (the “GlobalMeet Marks”) except with the express written consent of an authorized representative of GlobalMeet. Even in the event of GlobalMeet’s written consent, You will immediately cease and desist using the GlobalMeet Marks upon notice from GlobalMeet or upon termination of the relevant Agreement for any reason. Any use by You of the GlobalMeet Marks other than as described above will constitute a breach of this Agreement for which, in addition to any other remedies available at law or in equity, GlobalMeet may terminate this Agreement. You agree that GlobalMeet may include You as a listed customer of GlobalMeet in any marketing material GlobalMeet may create from time to time. GlobalMeet will not use Your trademarks or trade names, other than the corporate name and/or logo or solely to the extent used in GlobalMeet’s marketing materials for purposes of identifying You as a customer of GlobalMeet and in internal business communications and presentations,.
(b) GlobalMeet welcomes feedback regarding the Services. Any ideas, suggestions, comments and/or other feedback You provide to GlobalMeet (“Feedback”) shall be deemed to be non-confidential and GlobalMeet shall be free to use such information on an unrestricted basis, including but not limited to development of new features, services, and products, and GlobalMeet will be the exclusive holder of all intellectual property rights resulting from the Feedback. The following terms apply to submissions of all Feedback: You agree that: (i) all submissions and their contents will automatically become the property of GlobalMeet, without any compensation; (ii) GlobalMeet may freely and irrevocably use, disclose, reproduce, license, sublicense, distribute or redistribute and otherwise commercialize the submissions and their contents for any purpose and in any way throughout the world, without royalty; (iii) there is no obligation for GlobalMeet to review the submission; and (iv) there is no obligation to keep any submissions confidential. For the avoidance of doubt, You will not submit any Feedback to GlobalMeet that (i) You have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any GlobalMeet product incorporating or derived from any Feedback, or other GlobalMeet intellectual property, to be licensed to or otherwise shared with any third party.
5. Your Compliance and Indemnification.
(a) You acknowledge that GlobalMeet has no control over the content of information published, posted, uploaded, exchanged, recorded or otherwise transmitted through the Services (whether visual, written or audible) and that GlobalMeet does not examine the use to which You put the Services or the nature of the information You or Your users send or receive. You shall comply with and agree it is solely Your responsibility to ensure the Services are used in accordance with all applicable foreign, domestic, federal, state/provincial and local laws relating to use of the Services under this Agreement (including without limitation, data privacy, export and control laws and regulations and laws relating to the use of VoIP-based services). Without limiting the foregoing, You agree that the use of the Services is subject to U.S. and local export control laws and regulations. Services may allow You to record meetings and to collect and utilize identifying information about Your participants. If You or Your users use the Services for direct marketing purposes or collect personal information through use of Services, You shall do so under Your responsibility and You hereby agree to indemnify, defend and hold GlobalMeet harmless from any and all claims, losses, damages, penalties and costs (including without limitation reasonable attorney’s fees and costs including but not limited to those incurred on appeal) arising out of Your or Your users’ violations of applicable privacy laws including obtaining all necessary consents and providing all appropriate notices. You represent that You are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You are responsible: (i) for any and all activities that may occur under Your account, including without limitation, ensuring no content published, posted, uploaded, exchanged, recorded or otherwise transmitted through the Services infringes any third party’s intellectual property rights or is unlawful, threatening, abusive, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, vulgar, obscene or otherwise contains objectionable material of any kind or nature; and (ii) to maintain the confidentiality and security of Your Host ID and/or access numbers, keys and passwords/passcodes. You agree to notify GlobalMeet immediately if there has been an unauthorized use of any Host ID and/or access numbers, keys and/or passwords/passcodes or any other breach of security. You shall be liable and will defend, hold harmless and indemnify GlobalMeet for any damages caused by any compromise to your Host IDs, access numbers, keys and/or passwords/passcodes. You acknowledge that GlobalMeet may from time to time monitor bridge activity relating to the Services for quality assurance and fraud detection and may further gather system data. Further, and notwithstanding confidentiality provisions herein, GlobalMeet may disclose information about Your use of Services to satisfy any law, regulation, government agency request, court order, search warrant, subpoena or other legal process.
(b) You acknowledge that GlobalMeet does not provide traditional telephone service, and the services are not intended to support or carry any emergency calls to any emergency services of any kind. You need to make additional arrangements in order to access emergency services. Additionally, use of conference recording or taping any use of the Services may subject You to laws or regulations. You acknowledge and agree that You may not record or tape any Web, video or telephone conversation in connection with the services unless You are in compliance with all laws relating to the recording of communications and protecting the privacy of communication for all parties to the conversation. GlobalMeet has not and is not expected to provide You with any analysis, interpretation or advice regarding Your compliance with the above, and You are solely responsible and obligated to provide any required notifications to participants prior to commencement of conferences.
(c) You shall indemnify, defend and hold GlobalMeet, its officers, directors, employees, affiliates and its suppliers harmless from any claims, losses, damages, penalties or costs (including without limitation reasonable attorneys’ and costs, including on appeal) arising out of Your (or any individual or entity accessing the Services through You or Your account): (i) use of the Services; (ii) violation or alleged violation of any applicable laws or regulations with respect to the Services; or (iii) infringement of any intellectual property or any other rights of any third party. The obligations contained in this paragraph shall survive any termination or suspension of the Services and the expiration or termination of any Agreement.
6. Warranty and Limitation of Liability. ALL SERVICES PROVIDED BY GLOBALMEET ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GlobalMeet SHALL NOT HAVE ANY LIABILITY TO ANY PARTY, INCLUDING BUT NOT LIMITED TO YOU, FOR THE CONTENT OF INFORMATION TRANSMITTED BY YOU THROUGH THE SERVICES OR ANY LOSS, DELAY, INTERRUPTION, OR INACCURACY OF SUCH COMMUNICATIONS. GlobalMeet DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT REGARDING THE SERVICES. WITHOUT LIMITING THE FOREGOING, GlobalMeet MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY MATERIAL AND/OR DATA DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. GlobalMeet ALSO DOES NOT MAKE ANY WARRANTY OR GUARANTEE FOR ANY PRODUCTS OR SERVICES PROVIDED BY VENDORS SUGGESTED BY GlobalMeet. NEITHER GlobalMeet NOR GlobalMeet’S vendors or providers SHALL IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OTHER MONETARY LOSS; LOSS OR INTERRUPTION OF DATA, RECORDINGS, COMPUTER TIME OR VOICE TRANSMISSIONS; ALTERATION OR ERRONEOUS TRANSMISSION OF DATA; ACCURACY OF DATA; inability to use the services to contact emergency services; UNAUTHORIZED ACCESS TO OR USE OF VOICE OR DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE SERVICE; OR PROGRAM ERRORS) EVEN IF GlobalMeet IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. GlobalMeet SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ITS OBLIGATIONS UNDER THIS AGREEMENT CAUSED BY REASONS BEYOND GlobalMeet’s CONTROL. IN NO EVENT SHALL GlobalMeet’S TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT, WHETHER SUCH THEORY OF LIABILITY IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO THE CHARGES (CALCULATED ON A PRO-RATED BASIS FOR ADVANCED PAYMENTS OF ALL CHARGES) paid by you to GlobalMeet FOR THE PARTICULAR SERVICE PERFORMED BY GlobalMeet or, if not tied to a particular event, DURING THE ONE MONTH PERIOD concluding on THE DATE OF EVENT, ACT OR OMISSION GIVING RISE TO THE LIABILITY. In the event some or all of the foregoing limitations in this Section 6 may not be effective in the applicable jurisdiction, the terms will be deemed limited only to the extent necessary to be compliant with applicable law, and to the extent the applicable law mandates additional terms of art to give effect to the obvious intent of the terms of this paragraph, those terms of art will be deemed by the parties to have been included.
7. Notices. Notices to You for billing or account management purposes will be addressed to the address provided to GlobalMeet in the Agreement. Notifications to GlobalMeet shall be addressed to: Webcast Plus LLC, Attn: Legal Services Department, 3200 E. Camelback Road, Suite 295, Phoenix, AZ 85018 USA. Any notice required or permitted to be given under this Agreement must be written in English and shall be deemed given and effective upon delivery if sent by personal delivery, email or by facsimile transmission (with confirmation of successful delivery), two (2) days after deposit with a nationally-recognized overnight delivery service or, if sent from a location within the United States, five (5) days after posting sent by certified United States mail, return receipt requested, with postage pre-paid and addressed as above-provided or to such other addresses as may be designated by notice from one party to the other. Please refer to https://helpgm.webcasts.com for information regarding notices. You hereby grant GlobalMeet express consent to contact all individual account holders and moderators to communicate information regarding GlobalMeet’s Services, including without limitation, upgrades, enhancements, end-of-life, modifications and/or other feature changes. Without limiting the foregoing, You grant GlobalMeet express consent to periodically contact You and/or to forward to the e-mail address(es) related to Your account on file information regarding GlobalMeet’s Services and products, including without limitation, upgrades, enhancements, end-of-life, modifications and/or other feature changes and/or various promotional and advertising materials regarding other GlobalMeet’s products, services, marketing plan and other business related items.
8. Miscellaneous. You agree to be bound by these Terms of Service by entering into an Agreement with GlobalMeet, with the sole exception that, in the event You and GlobalMeet have executed custom Terms of Service or an amendment to these Terms of Service, those custom Terms of Service or the amended Terms of Service (as applicable) will govern. If any provision of these Terms of Service is held by a court to be illegal, invalid or unenforceable, the remaining terms shall not be affected or impaired thereby, and the illegal, invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risk. Any failure by a party to comply with these Terms of Service may be waived by the other party, but any such waiver must be in writing signed by the waiving party and will not be deemed a waiver of any subsequent failures or of any other obligations, agreements or conditions contained herein. The parties’ relationship to each other shall be that of independent contractors. Neither party shall or shall be deemed to be an agent, employee, partner of, or joint venturer with the other party. Each party enters into this Agreement solely for its own benefit and purpose, and except for GlobalMeet’s suppliers, this Agreement in no way confers any rights upon, or imposes obligations on either of the parties toward, any third party, including but not limited to any recipient of content transmitted through the Services. These Terms of Service are binding upon and inure to the benefit of the parties’ successors, legal representatives and authorized assigns. GlobalMeet may assign its rights and obligations under this Agreement to an entity that either now or in the future controls, is controlled by or is under common control with GlobalMeet or in connection with a merger, acquisition, change of control, stock sale, or asset sale. You may not assign Your rights and obligations under this Agreement without GlobalMeet’s prior, written consent, which may be withheld in GlobalMeet’s sole and absolute discretion. Your obligations under these Terms of Service survive any cancellation, termination, expiration or suspension of the Agreement(s). This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Arizona, without regard to any conflicts or choice of law rules. The English language version of this Agreement controls. Agreements provided in languages other than English are provided for ease of reference only. If You are in Canada, it is the express wish of both parties that this Agreement, and any associated documentation, be written and signed in English.
9. Entire Agreement. All attached Schedules and exhibits are hereby incorporated into these Terms of Service. These Terms of Service supersede any previous versions of the Terms of Service. If You require use of a non-GlobalMeet-form purchase order in connection with any of the GlobalMeet Services, You hereby acknowledge and agree that to the extent such purchase order contains any pre-printed or other terms and conditions, such terms and conditions, whether in addition to or in conflict with this Agreement, shall have no effect whatsoever and this Agreement shall govern the relationship between GlobalMeet and You. Without limiting any other rights in this Agreement, GlobalMeet may amend at any time the provisions of this Agreement by, at GlobalMeet’s election: (i) delivering revised terms and conditions (“Amended Terms”) to You at the address, fax or e-mail address provided herein (such delivery may be included in invoices for the Services delivered to You); or (ii) by other reasonable means as permitted by applicable laws. All Amended Terms shall automatically be effective the earlier of: (i) the date indicated on the delivery notice or (ii) Your next billing cycle following delivery to You. BY USING THE SERVICES AFTER DELIVERY OF AMENDED TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY SUCH AMENDED TERMS. You expressly agree that GlobalMeet’s amendment to these Terms of Service shall not constitute a default or termination by GlobalMeet of any Agreement, nor shall such amendment serve as a basis for Your termination of any Agreement.
FOR THE AVOIDANCE OF DOUBT, NO GLOBALMEET WEBCAST SERVICES ARE BEING ORDERED OR PURCHASED PURSUANT TO THIS AGREEMENT, WHICH ONLY DESCRIBES CERTAIN TERMS APPLICABLE TO SERVICES.
CUSTOMER ACKNOWLEDGES THAT THE GLOBALMEET SERVICES AND PRICING PROVIDED BY GLOBALMEET OR AN AFFILIATE MAY DIFFER FROM THAT PROVIDED TO OTHER CUSTOMERS OF GLOBALMEET.
11. Limitations on Use. Customer may not rent, lease, grant a security interest in, or otherwise transfer any rights in the use of the Platform or the GlobalMeet Services. Customer shall not allow someone other than Customer or GlobalMeet to manage a GlobalMeet Webcast Event (as defined in an Agreement). Customer is prohibited from reselling or acting as a service broker for any of the GlobalMeet Webcast Services. Customer shall not reverse engineer, modify, decompile, disassemble, translate, or otherwise attempt to derive source code from any part of the Services or GlobalMeet or its vendors’ services, software, processes, code or Proprietary Information. Customer shall not remove, alter, or obscure in any way any proprietary rights (i.e., copyright) notices of GlobalMeet or its vendors.