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These Terms of Service (these “Terms”) govern the use of all domains owned by Gladiator Homes (“Gladiator Homes”), including but not limited to this website (the “Website”). These Terms represent the entire agreement between Gladiator Homes and the individual or entity (“you” or “your”) using the services provided on the Website (the “Services”). Please read these Terms carefully. These Terms supplement Gladiator Homes’s Privacy Policy, available here: gladiatorhomes.com/privacy-policy.
By using the Services, you accept and agree to be bound by these Terms, which incorporate and include Gladiator Homes’s Privacy Policy, in addition to any other specific, written agreements you may have with Gladiator Homes relating to a particular product, service, or data. By using the Services, you represent and warrant that (a) you are 18 years of age or older; (b) you have the authority to enter into these Terms on your own behalf or on behalf of an entity; (c) your use of the Services and agreement to these Terms has been duly authorized by any entity you represent, if any; and (d) effective as of the date you first use the Services, these Terms constitute valid and binding obligations enforceable against you. If you do not agree to these Terms or cannot make the foregoing representations and warranties, you must not access or use the Services.
The information made available through the Services has been compiled from both internal and external sources. Such information may include data prepared by third parties or obtained from sources Gladiator Homes believes to be reliable. However, Gladiator Homes cannot and does not guarantee the accuracy, timeliness, or completeness of such information for any particular purpose. Such information is inherently subject to change without notice and may become outdated. You agree that Gladiator Homes is not responsible for any loss you experience as a result of your reliance on such information. Gladiator Homes uses reasonable efforts to ensure that the information available through the Services is accurate and up-to-date, but it does not represent or warrant that the information contained in the Services is accurate or complete. You should verify any information obtained through the Services before you act upon it.
The Services, including all displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned and provided by Gladiator Homes.
Gladiator Homes hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Services for internal business purposes only, subject to the restrictions in these Terms. Gladiator Homes reserves all rights not expressly granted to you in these Terms. You are solely responsible for hardware, interconnections, and telecommunications to access the Services.
Except as expressly authorized under these Terms, you may not:
(Same clauses a–k as before, just replaced Happe Homes with Gladiator Homes)
All charges for the Services shall be at the then-current prices. You must pay Gladiator Homes by direct charge to a credit or debit card. You authorize Gladiator Homes to charge your card on a monthly or yearly recurring basis, as applicable. You must notify Gladiator Homes of any changes to your payment method or billing details.
No refunds shall be given upon cancellation, discontinuation, termination, or expiration of your license to use the Services. There are no prorated refunds for unused time and no refunds for setup fees or custom code.
Gladiator Homes reserves the right to change its fee structure and refund policies at any time and for any reason.
Either you or Gladiator Homes may terminate your license to use the Services at any time. Upon termination, you must discontinue use immediately. These Terms will remain effective even after termination.
By uploading your data (“Data”) to the Website, you grant Gladiator Homes a royalty-free, perpetual, worldwide license to use, modify, display, and distribute your Data. Gladiator Homes has the right to retain and use your Data even after your license ends.
You represent and warrant that you have the authority to upload the Data and that it doesn’t infringe on any third-party rights.
You are responsible for keeping your account credentials confidential. Notify Gladiator Homes immediately at info@gladiatorhomes.com if you suspect any unauthorized use.
Gladiator Homes may disable your login at any time, with or without reason.
Gladiator Homes may change or discontinue the Services at any time without notice. If modified Services are offered, you may be asked to agree to new Terms.
All intellectual property related to the Services—including design, code, user interfaces, trademarks, and content—is owned solely by Gladiator Homes and protected by U.S. and international laws. You may not copy, replicate, or create derivative works from the Services.
Any feedback or suggestions you provide may be used by Gladiator Homes freely, without obligation.
You are solely responsible for the contents of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national, and international laws and regulations.
You agree to monitor the use of the Services by any other person, whether an employee, agent, or otherwise, who is acting on your behalf, at your direction, or using your online account, for any activity that violates applicable laws, rules, and regulations or any of these Terms, including any fraudulent, inappropriate, or potentially harmful behavior. You further agree to promptly restrict any offending users from further use of the Services. You agree to provide a resource for users of the Services to report abuse of the Services at your operations. You are responsible for all acts and omissions of your end users in connection with their use of the Services. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations. You further represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.
You agree to immediately notify Gladiator Homes of and indemnify and hold Gladiator Homes, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, including the unauthorized use of your account or any other breach of security known to you, the violation of these Terms by you, or the infringement by you, or another user using your computer, of any intellectual property or other right of any person or entity.
You agree that use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis, and Gladiator Homes (including, without limitation, its independent consultants, subcontractors, distributors, and clients (collectively, the “Third Parties”)) assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any of your communications, data, or personalization settings.
Gladiator Homes and the Third Parties hereby disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, quiet enjoyment, title, merchantability of computer programs, and informational content.
Neither Gladiator Homes nor the Third Parties make any warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error or virus free. Nor do Gladiator Homes or the Third Parties make any warranty as to the results that may be obtained from the use of the Services, the accuracy or reliability of any information obtained through the Services, or that defects in the software driving the Services will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the Services is done at your own discretion and risk, and that you will be solely responsible for any resulting damage to a computer system or loss of data. Gladiator Homes does not guarantee the security of the Services or protection against loss, alteration, or improper access to your account information or data, or that the Services will be free of viruses or other harmful components.
Gladiator Homes may modify, suspend, or discontinue offering the Services at any time and for any reason without notice or compensation to you. The Services may become unavailable due to maintenance, outage, or any other reason whatsoever. Gladiator Homes makes no representation or warranty whatsoever relating to or resulting from the use or inability to use the Services, mistakes, omissions, service interruptions, deletion of files, loss or modification of content or data, errors, defects, delays in operation or transmission, or any failure of performance, communication failure, theft, destruction, or unauthorized access to any server, records, programs, or services, whether or not limited to circumstances beyond Gladiator Homes’ control.
The Services may contain links to third party websites not affiliated with Gladiator Homes in any way. These links are provided to you only as a convenience. Gladiator Homes is not responsible for the contents of any linked website, or any link contained on a website linked through the Services. The links provided do not imply any endorsement of any third party website.
Gladiator Homes makes no representation or warranty that the information on the Website is appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
No advice or information, whether oral or written, obtained by you through the Services shall create any warranty not expressly made in these Terms.
In no event will Gladiator Homes, its parents, subsidiaries, affiliates, officers, and employees, or any of its Third Parties be liable to you for any special, exemplary, indirect, incidental, or consequential damages, including but not limited to those for loss of profits, revenue, or goodwill, use, data, or other intangibles, whether the claim is based upon contract, breach of warranty, tort, or other theory, resulting from or concerning the use or the inability to use the Services or your failure to comply with these Terms, even if advised of the possibility of such damages. In no event shall the total and aggregate liability of any party under these Terms for any cause of action or reason exceed your past six months of fees paid to Gladiator Homes. Your sole and exclusive remedy under these Terms is to discontinue the use of the Services. The liability of any party under these Terms shall be cumulative and not per incident.
Gladiator Homes disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to:
Any errors in or omissions in the Services and its content, including but not limited to technical inaccuracies and typographical errors;
Any errors or omissions from resulting from your use of the Services;
Any third party websites or content therein directly or indirectly accessed through links in the Website;
The unavailability of the Services, the Website, or any portion thereof;
Your use of the Services and/or any errors or omissions in Data entered by you; or
Your use of any equipment or software in connection with the Services.
You must commence any cause of action or claim you may have arising out of or relating to these Terms or the use of the Services within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Unless otherwise provided herein, notices given by Gladiator Homes to you will be given by email. Notices will be sent to the email address you provide to Gladiator Homes as part of the registration process, or to updated addresses which you provide to Gladiator Homes via notice consistent with this paragraph. Notices given by you to Gladiator Homes must be given by email to info@gladiatorhomes.com or such updated address and number as Gladiator Homes may provide you consistent with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to Gladiator Homes shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally:
(i) consent to submit to the exclusive jurisdiction of the state and federal courts of Iowa (the “Iowa Courts”) for any litigation or controversy arising out of or relating to these Terms,
(ii) agree not to commence any litigation arising out of or relating to these Terms except in the Iowa Courts and
(iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms may be assigned in whole or in part by Gladiator Homes. These Terms may not be assigned in any manner by you without the express, prior written permission of Gladiator Homes.
Gladiator Homes may revise these Terms at any time in its sole discretion by posting such revised Terms on the Website. Please review the Website’s Terms of Service webpage on a regular basis for changes. Continued use of the Website following any change constitutes your acceptance of the change.
If you have questions regarding these Terms, please contact email info@gladiatorhomes.com.
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