TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS AND CONDITIONS

Gobel Group provides its service to you, subject to the following Terms and Conditions ("T&C"), which may be updated without any notice. Different Terms and Conditions may apply to other services owned or operated by Gobel Group.

2. DESCRIPTION OF SERVICE

Gobel Group provides users with access to a rich collection of resources, including videos, various communications tools, mobile services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service").

Support & Help

Gobel Group Support is available by calling by 585-598-1174 during normal business days from 9:00AM EST to 6:00PM EST.

3. SERVICE USE

Gobel Group will provide the services in accordance with industry standards.

Gobel Group will publicize changes to the services which apply generally.

Gobel Group will give you advance notice of any known interruption of a service due to maintenance.

You must only use these services -

When you use our services, you must not -

We encourage the use and publicity of anti-spam policies.

We provide you with a login and password. Any security measures over and above these are your responsibility.

Although we provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without notice to you. You must test the specifications thoroughly on a regular basis, as we are not liable for specifications that may be incorrect or incomplete.

You - You must tell us immediately if there is any unauthorized use of your account or any other breach of security.
Message Delivery

Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that our software is programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.

Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

Privacy

Gobel Group will not use or share any information, , email messages, or other Licensee provided information.

Gobel Group will not send any messages directly to Licensee's end users or contacts unless initiated by Licensee or in direct response to an interaction from Licensee.

Support Services

Gobel Group shall use commercially reasonable efforts without unnecessary delays to correct the problems/defects reported or provide Licensee with a way to temporarily work around the critical problem if able to do so, or notify Licensee on a regular basis as to the progress of the corrective efforts, until such time as a correction can be made.

The Licensee, upon detection of any error, defect or nonconformity, shall if requested by Gobel Group, submit to Gobel Group a listing of output and any such other data which Gobel Group reasonably may request in order to reproduce operating conditions similar to those present when the error occurred or the defect or nonconformity was discovered, as the case may be.

Nondisclosure

Either party may disclose the general existence and nature of this Agreement, but may not disclose the specific terms of this Agreement without the prior consent of the other party. Gobel Group shall not issue a press release without first obtaining the cooperation and permission of the Licensee.

Term and Termination

Gobel Group may determine whether or not your conduct is consistent with the letter and spirit of the agreement and may end the service at any time if your conduct does not comply with the agreement.

4. ADDITIONAL TERMS FOR SALE
Invoicing and Payment

Invoices for payment of all license fees or other fees shall be payable on the dates set forth in the applicable Contract. Unless specified otherwise in a Contract, invoices are due and payable 30 days from Gobel Group’s invoice date.

All fees shall be deemed overdue if they remain unpaid 10 days from the date of the invoice and can cause an interruption in service.

Payments shall be in United States dollars.

If the Licensee's procedures require that an invoice be submitted against a purchase order before payment can be made, the Licensee will be responsible for issuing such purchase order 5 days before the payment due date. 

Prices are subject to change at any time.

Term and Termination

Gobel Group may determine whether or not your conduct complies with this agreement and may end the service at any time if your conduct does not comply with the agreement.

The termination of this Agreement or any license shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall such termination relieve the Licensee's obligation to pay all fees that accrued prior to such termination.

Upon termination, the Licensee must have all outstanding invoices and debts fully paid before an electronic output of the Licensee's complete contact database can be released. If asked, Gobel Group will deliver an electronic output of the Licensee's complete database within thirty (30) days from receiving payments for all outstanding debts. If the Licensee requires a custom extract of their data, an additional fee will be applied in order to extract the needed information.

Upon termination of this Agreement, Gobel Group will take all reasonable efforts to erase, remove and destroy the Licensee's complete contact database.

5. PRIVACY

Gobel Group respects your privacy.

Gobel Group does not monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.

Gobel Group will protect your privacy on systems and websites that we control to the extent possible.

Gobel Group does not warrant the security of the information which you transmit to us.

You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.

For more information about our collection, collation, processing, use and monitoring of your personal information, please see our Privacy Policy.

6. INDEMNITY

You agree to indemnify and hold Gobel Group, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOBEL GROUP EXPRESSLY DISCLAIMS 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.

GOBEL GROUP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOBEL GROUP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOBEL GROUP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOBEL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

9. FORCE MAJEURE

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any fire, flood, explosion, war, strikes, threatened strikes, stoppage of work, slowdowns, picketing, boycotts, embargoes, requirements imposed by governmental regulations, civil or military authorities, acts of God, or other causes that are beyond the reasonable control and without the fault of negligence of the Party unable to perform; provided that such Party gives reasonably prompt notice under the circumstances of such condition(s) to the other Party.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.

11. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this Agreement.

12. VIOLATIONS

Please report any violations of the T&C to our Customer Care group. (support@gobelgroup.com)