Search for     in  

USER AGREEMENT

The following describes the terms on which Gling offers you access to our services.

Introduction

Welcome to Gling. By using Gling (including Gling.com and its related sites, services and tools), you agree to the following terms with Gling Inc and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our help section.

This Agreement is effective on July 1, 2009, for current users, and upon acceptance for new users.

Scope

Before you may become a member of Gling, you must read and accept all of the terms in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use Gling sites or services, or when you use the tools we make available to interact with Gling sites and services. If you use another Gling site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Gling sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

WHILE GLING STRIVES TO MAINTAIN ACCURATE PRODUCT INFORMATION, MANUFACTURERS PERIODICALLY AMEND THEIR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INGREDIENTS AND CONTENT THAN WHAT IS LISTED WITH GLING. BECAUSE OF THIS, PLEASE DO NOT SOLELY RELY ON THE GLING WEBSITE, AND INSTEAD, ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. PLEASE CONTACT THE MANUFACTURER FOR THE MOST ACCURATE INFORMATION ABOUT A PRODUCT. CONTENT ON THE GLING SERVICE IS FOR REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR THE MORE SPECIALIZED ADVICE GIVEN BY YOUR PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. DO NOT USE GLING OR MANUFACTURER INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE, AILMENT OR HEALTH CONDITION. NEITHER GLING, ITS SUPPLIERS, NOR ANY MANUFACTURERS ASSOCIATED WITH GLING ASSUME ANY LIABILITY FOR INACCURACIES ABOUT PRODUCTS.

YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THE GLING SERVICE IS NOT INTENDED NOR IMPLIED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE GLING SERVICE IS INTENDED TO BE OR WILL BE USED BY YOU FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU UNDERSTAND THAT YOU SHOULD NEVER DELAY IN SEEKING TREATMENT BASED ON THE INFORMATION CONTAINED IN THE GLING SERVICE.

Using Gling

While using Gling sites, services and tools, you will not:

  • post content or items in an inappropriate category or areas on our sites and services;
  • violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
  • use our sites services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the information systems (such as displaying, importing or exporting information off of the sites or using it for purposes unrelated to Gling);
  • transfer your Gling account ( ) and User ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Gling, or the interests or property of Gling users;
  • export or re-export any Gling tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the Gling sites, service or tools or Gling's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Gling

Gling and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Gling sites, services or tools.

Gling Purchase Protection

Purchases facilitated by Gling are exciting, rewarding and hassle-free. To those ends, Gling promotes a "no-hassle" return policy within the first 30-days of purchase.

Buyer Obligations:

  • Buyers agree to file claims in accordance with the conditions, exclusions and coverage limitations as further explained in the Gling User Agreement.
  • For covered claims that meet the conditions and are not excluded, Gling will reimburse eligible buyers by PayPal or by coupon redeemable on Gling, in Gling's discretion, based upon a number of factors, such as whether the buyer has a PayPal account, the type of payment made to the seller and the payment amount.
  • Buyers who Gling believes are not acting in good faith, abusing the program or a seller, attempting to commit or committing fraud, or trying to unjustly benefit from the program may become ineligible for Gling Purchase Protection. Buyers who become ineligible will be notified by Gling prior to ineligibility. Gling reserves the right to temporarily, indefinitely or permanently suspend the Gling Purchase Protection program immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the program.
  • Gling Purchase Protection doesn't cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where you have been or may be compensated from another third party. Please read the Gling Purchase Protection policy for more details.

Fees and Services

Joining Gling is free. We do not charge fees for using our services at this time. If, in the future, Gling announces added features and services you will be able to decide if you want to pay for those additional features and/or services.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Limitation of Liability

You will not hold Gling responsible for other food products Gling facilitates to sell you, other users' content, actions or inactions,. YOU AGREE TO TAKE ALL PRECAUTIONS NECESSARY TO RESEARCH THE FOOD PRODUCT INDEPENDENTLY OF GLING AND OBTAIN INDEPENDENT COUNSEL AND MEDICAL ADVICE FOR THE APPLICATION OF THE FOOD OFFERED BY GLING TO YOUR UNIQUE DIETARY NEEDS. You acknowledge that we are not a food store or retailer. . Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers.

Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Gling by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Gling and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Gling Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Gling Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or by any third party using your account or User ID or password, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Gling's national registered agent (in the case of Gling) or to the email address you provide to Gling during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and Gling, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Gling agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Gling must be resolved exclusively by a state or federal court located in San Diego County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Gling must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Gling may recover attorneys' fees and costs up to $1000, provided that Gling has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

  • Outage Policy -
  • Prohibited, Questionable & Infringing Item Policy -
  • Board Usage Policy -
  • Listing Policy -
  • Investigations
  • Community Content Policy (covers Reviews, Guides, Blog Entries, Wiki Articles and Member-Created Product Descriptions) -
  • Gling Groups Guidelines -

Each of these policies may be changed from time to time. Changes take effect when we post them on the Gling site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

Gling Inc. is located at 825 5th Street, San Diego, CA 92101. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Gling Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


Bookmark and Share

Advertisement