The Services We Provide
In exchange for the fees you pay in advance,
we will provide document storage and preventive maintenance (PM) module to
manage of your residential, commercial & industrial assets, so long as you
abide by the terms and conditions that are set out on this page, and in any
other agreements that relate to the services we may provide to you. We will
provide the services according to the specifications listed for the asset care package
you select during the signup process or later. For clarity, on this page, the
term \"services\" refers to the residential, commercial &
industrial asset management services that we will provide to you and, if you
are an Affiliate, the services we provide to you in connection with that
program. The term \"Global Asset care\" or \"us\" or
\"we\" refers to globalassetcare.com.
Permission to Asset care Your Content
For us to provide Asset care of your asset, it
is necessary for you to upload your asset information, upload your documents
and create PMs of your assets to our servers. When you do this uploading, you
are creating one or more copies of your content on our system. By purchasing
asset care services from us, you acknowledge that these copies are being made,
and give us the permission (a license) to maintain these copies and make them
available to you through the Internet. You are solely responsible for providing
all of the content and other data that make up your asset care services.
When the Services Will be Available
We will attempt to provide the services 24
hours a day, 7 days a week for as long as you have paid for them. Sometimes,
however, for a number of reasons, the services may be unavailable to you. You
must recognize and acknowledge that due to the nature of internet technology,
occasional unavailability of the services cannot be avoided. Sometimes there
are equipment malfunctions. At other times we undertake periodic maintenance
procedures or repairs. Still other times, there are causes beyond our control
like power failures, interruption or failure of telecommunication or digital
transmission links, hostile network attacks, network traffic and other
occurrences. We have not promised to provide you with uninterrupted service.
Personal Information
When you place an order for our services, your
personal information, including your credit card information, is transmitted
via the use of Secure Socket Layer technology, the industry standard for
encrypting sensitive information. We take your privacy very seriously, and as
such, will not sell your personal information to third party (other than a
company that may purchase Global Asset Care services), and will take reasonable
steps to keep it from being disclosed to any third party. Read more in our
Privacy Policy, below.
30 Day Money-Back Guarantee
Each of the Asset care services managed in
cloud server carry a 30 day unconditional money back guarantee on them. If you
are not completely satisfied with our services within the first 30 days of your
service, you will be given a full refund of the contract amount. Remember, this
is only for packages and does not apply to any services to your property or any
other custom works.
Backups
A backup service
is provided as a courtesy to our customers, and is only limited to web content.
We will make every attempt to retain weekly backups. However, as with any data
storage systems, backups can fail. We strongly recommend our clients to perform
their own backups. We will not be responsible for files and/or data residing on
your account. You agree to take full responsibility for files and data
transferred, and to maintain all appropriate backup of files and data stored.
Unacceptable Use/Illegal Activity
·
Hacking, which
includes, for example penetrating or attempting to access, without
authorization, another computer or network. Port scans, stealth scans, and
fraudulent credit card \"phishing\" techniques are also prohibited.
·
Storage of files or document
data that infringes on another\'s copyright or other intellectual property
rights.
·
Uploading or linking
to any content that violates another\'s right of publicity or privacy.
·
Distributing hate
speech, or any other content that is obscene, abusing, which could be considered
libelous and defamatory.
·
False property
information related to assets.
·
Storing large amounts
of data on your account.
Content
All services provided by Global Asset care may
only be used for lawful purposes. The customer agrees to indemnify and hold
harmless Global Asset Care services from any claims resulting from the use of
our services. Use of our services to infringe upon any copyright or trademark
is prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of sale of
any counterfeit merchandise of a trademark holder will result in the immediate
termination of your account. Global Asset Care services, including all related
equipment, networks and network devices are provided only for authorized
customer use. Global Asset Care systems may be monitored for all lawful
purposes, including ensuring that use is authorized, for management of the
system, to facilitate protection against unauthorized access, and to verify security
procedures, survivability and operational security. During monitoring,
information may be examined, recorded, copied and used for authorized purposes.
Use of Global Asset Care system(s) constitutes consent to monitoring for these
purposes. We reserve the right to refuse service to anyone. Any material that,
in our judgment, is obscene, threatening, illegal, or violates our terms of
service in any manner may be removed from our servers (or otherwise disabled),
with or without notice. Failure to respond to email from our abuse department
within 48 hours may result in the suspension or termination of your services.
All abuse issues must be dealt with via support ticket/email and will have a
response within 48 hours. If in doubt regarding the acceptability of your site
or service, please contact us at abuse@globalassetcare.com and we will be happy
to assist you. Violations will be reported to the appropriate law enforcement
agency. It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set properly,
regardless of installation method. When at all possible, set permissions on
most directories as restrictive as possible. Users are ultimately responsible
for all actions taken under their account. This includes the compromise of
credentials such as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended until you
agree to use a more secure password. Audits may be done to prevent weak
passwords from being used. If an audit is performed, and your password is found
to be weak, we will notify you and allow time for you to change/update your
password.
These Terms of Service May Change
Due to our evolving business, and the changing
nature of the asset care service industry, these terms of service may change.
We will post the changes here, and your continued use of the service means you
accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium
Copyright Act, we have adopted a policy to suspend or terminate the accounts of
asset owners found to be in violation of copyright. We respect the intellectual
property of others, and we ask you to do the same. We may, in appropriate
circumstances and at our discretion, disable and/or terminate the accounts of
users who may be repeat infringers. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide our Copyright
Agent (identified below) the following information:
·
An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
·
A description of the
copyrighted work or other intellectual property that you claim has been
infringed;
·
A description of where
the material that you claim is infringing is located on the site;
·
Your address,
telephone number, and email address;
·
A statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
·
A statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner\'s behalf.
Our agent for notice
of claims of copyright infringement can be reached as follows:
By mail:
Management
Global Asset Care
172 Taradale Drive NE
Calgary, AB
Canada, T3J
By phone: 1-403-891-6669
By email: support@globalassetcare.com
Indemnification
Customer agrees that it shall defend,
indemnify, save and hold Global Asset Care harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney\'s fees
asserted against Global Asset Care, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless Global Asset
Care against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with Global
Asset Care;
(2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from Global Asset Care Service.
Disclaimer of Warranties
You may have noticed that up to this point
these terms of service have been kind of easy to read and understand. But our
lawyers tell us that this section, dealing in the disclaimer of warranties, has
to retain its legalese style. Sorry about that. Global Asset Care 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. SERVICES ARE PROVIDED ON AN \"AS
IS\" AND \"AS AVAILABLE\" BASIS. Global Asset Care MAKES NO
WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. Global Asset Care DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS
REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not
allow the disclaimer of implied warranties, in which event that foregoing
disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its
legalese. Simply stated, what this section is saying is that if something goes
wrong, Global Asset Care cannot be held liable for it. IN NO EVENT SHALL Global
Asset Care BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT
OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR
IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND
POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR
FILES OR OTHERWISE, EVEN IF Global Asset Care HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion
or limitation on liability for damages as contained in these terms of services.
In those states, our liability is limited to the full extent permitted by law.
You agree that in no event shall our maximum aggregate liability exceed the
total amount paid by you for the services in dispute purchased from us, or, in
the event of liability of Global Asset Care due to your enrollment in the
affiliate program.
Governing Law and Choice of Form
The laws of Canada of Alberta will govern this
Agreement, without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or provincial courts
located in Calgary, Alberta. This agreement becomes effective once you submit
your order with us or open an account with us for asset care services of any
kind or open an affiliate account at www.globalassetcare.com. If you are an
existing customer, and you do not agree with the terms herein, please cancel
your account. Otherwise, if you sign up for or continue to use the services,
you agree to what is written here. If you have any questions regarding these
terms of service, feel free to call us for clarification. By using Global Asset
Care you agree to the above terms of service.
About Us