Gladly Terms & Conditions for Visitors

Welcome to Gladly™, where happiness meets your community. Gladly is owned and operated by Clear Community LLC (“Company” or “we”).

The following Terms & Conditions, together with our Privacy Policy (collectively, “Terms & Conditions”) govern your access to and use of the Company’s website gogladly.com, including any content (including document forms), functionality, and services offered on or through such website and platform (collectively, “Gladly”).

Gladly provides a centralized platform for homeowner, community, and/or neighborhood associations, cooperatives, and other common-interest communities (each referred to as a “community association”) to market, communicate, and organize their community while facilitating a streamlined means of payment. As a user of Gladly, “you” refers to you, a visitor of Gladly. By using Gladly, you represent and warrant that (i) you are at least 18 years of age and (ii) you will only use Gladly for legitimate purposes.

As you use Gladly, this creates a binding legal agreement between you and the Company. If you find these Terms & Conditions to be unacceptable, you must immediately terminate your use of Gladly.

The Company may update these Terms & Conditions at any time upon prior written notice (typically by email). Your continued use of Gladly after our written notice signals your acceptance to continue to be bound by these Terms & Conditions. If you find these updated Terms & Conditions to be unacceptable, you may not use Gladly.

  1. Accessing Gladly
    1. We reserve the right to withdraw or amend this Gladly, and any service or material we provide on the Gladly, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Gladly is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Gladly, or the entire Gladly, to users, including registered users.
    2. You are responsible for both (i) making all arrangements necessary for you to have access to the Gladly and (ii) ensuring that all persons who access the Gladly through your internet connection are aware of these Terms & Conditions and comply with them.
  2. Usage of Gladly
    1. We reserve the right to withdraw or amend Gladly in our sole discretion without notice. We will not be liable if for any reason all or any parts of Gladly is unavailable at any time or for any period.
    2. You may only use Gladly for informational purposes. Any personal use of Gladly is prohibited.
    3. You agree we may communicate with you for any purpose, including but not limited to product updates, service announcements, and marketing messages through Gladly.
  3. Code of Conduct for Users, Your Responsibility, and Gladly’s Response to Unacceptable Activity
    1. You agree not to use any or all parts of Gladly, including its content, functionality, or services, and any website created through Gladly, for any non-acceptable, illegal, not legitimate, and/or a prohibited use.
    2. You agree that all communications between you & us through Gladly must be conducted in a courteous and respectful manner. Any aggressive, threatening, offensive, disturbing, excessive, discriminatory, obscene, calumnious, hateful, or disrespectful communication between you and another user, whether explicit or implied, may cause us to take punitive action, which may include a permanent ban, solely at our discretion.
    3. Non-Acceptable and Prohibited Uses. You must abstain from the following or risk temporary or permanent suspension of/through Gladly:
      • Using Gladly for any purpose other than which it is intended.
      • Attempting to impersonate any person.
      • Using identifying information in any way that could be considered defamatory, threatening, aggressive, hateful, insulting, calumnious, discriminatory, obscene, or disrespectful.
      • Removing any proprietary notice or label on any labeled content (e.g. notice of intellectual property rights).
      • Using for the purpose of exploiting, harming, or attempting to exploit or harm minors.
      • Obtaining any unauthorized user information (e.g. profile) for any purpose.
      • Obtaining and/or compiling statistical information from Gladly concerning Gladly, Gladly users, user data, or otherwise.
      • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      • Using Gladly in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any user profile.
      • Using Gladly in any manner that could disable, overburden, damage, or impair Gladly or interfere with any other party’s use of Gladly.
      • Using Gladly for advertising, trading of goods or services, or other commercial use except as permitted by Gladly.
      • Uploading any programs that may cause a disruption to Gladly.
      • Taking any action that violates the laws of applicable local, state, federal or international governmental bodies.
    4. You acknowledge and agree that any legal documents provided by Gladly will be reviewed by you and your attorney. Gladly does not warrant or guarantee the sufficiency of any legal document provided by Gladly.
    5. If you have conducted any fraudulent, illegitimate, or any unauthorized activity, Gladly reserves the right to take any necessary legal action and you may be liable for monetary losses to Gladly, including litigation costs and damages.
    6. The Company will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity.
  4. Intellectual Property Rights
    1. You acknowledge that Gladly and any underlying technology, text, graphics, icons, photographs, scripts, links, electronic art, animations, audio, photos, images, videos (which may include sound and/or music), graphics, and other data (together with the selection and arrangement of the aforementioned works, collectively, the “Gladly Content”) used in connection with Gladly, and all Gladly Content are provided by the Company or third-party providers and are the intellectual property of the Company and/or such third parties. Gladly Content is owned or licensed by the Company and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws.
    2. The Company grants you a limited license that is non-exclusive and not transferable to access, and use the Company’s Gladly Content for your business and commercial use in accordance with Section 2.2.
    3. You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of Gladly Content, in whole or in part, other than Gladly Comics (see Section 4.4). You may not store any portion of any Gladly Content owned by, or licensed to the Company in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” Gladly or any Gladly Content on any other server, website, application, platform, technology, etc.
    4. With regards to any Gladly Comics, the Company grants you a non-exclusive, non-transferable license to reproduce and display a Gladly Comic for a business or professional use provided that you attribute each Gladly Comic to Clear Community LLC, and you do not create derivative works of such Gladly Comics (including but limited to modifying, cropping, changing aspect ratio of any such Gladly Comic).
    5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Gladly and/or Gladly Content, your right to use Gladly will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Gladly or any Gladly Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of any Gladly Content not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
    6. The Company name, the term Gladly, the Company logo, and all related names, logos, domain names, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Gladly are the trademarks of their respective owners.
  5. Reliance on Information Posted
    1. The information presented on or through Gladly is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Gladly, or by anyone who may be informed of any of its contents.
  6. Third Party Services and Content
    1. Gladly may contain links through content, suggestions, advertising, and otherwise to third party websites, apps, platforms, and other resources (collectively (“Third Party Sites”). These links are made to Third Party Sites that are not under the control of, reviewed, monitored, or endorsed by the Company, and as such the Company is not responsible or liable for any information, content, or any other materials of any linked website. Such links are provided for convenience and/or general information purposes only. You agree that you are solely responsible and liable for any interactions you may have with such linked Third Party Sites. You acknowledge and agree that the Company shall not be responsible or liable, both directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third-party goods or services, or content, available through any Third Party Sites.
  7. Our Liability, Disclaimer of Warranty, And Limitations Of Liability
    1. You understand that we cannot and do not guarantee or warrant Gladly will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
    2. GLADLY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF GLADLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS GLADLY OR USE GLADLY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GLADLY’S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GLADLY, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GLADLY.
    3. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
    4. YOUR USE OF GLADLY, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH GLADLY, IS AT YOUR OWN RISK. GLADLY, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH GLADLY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT GLADLY, INCLUDING ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH GLADLY, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT GLADLY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT GLADLY MEETS YOUR NEEDS OR EXPECTATIONS.
    5. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, GLADLY, INCLUDING ANY CONTENT ON GLADLY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
    6. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES GLADLY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    7. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  8. Indemnification
    1. You agree to defend, indemnify, and hold harmless the Company and its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms & Conditions, (ii) your use of Gladly, (iii) your use of any information obtained from Gladly, and (iv) any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of Gladly.
  9. Miscellaneous
    1. This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. applicable to agreements executed and fully performed therein. It is agreed that any action or proceeding which involves a controversy will be brought only in a state court or the federal Southern District of New York.
    2. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
    3. No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
    4. Unless otherwise stated, all feedback, comments, requests for technical support, and other communications relating to Gladly should be directed to hello@gogladly.com.
    5. The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding Gladly and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Gladly.

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