Terms of Service

TERMS OF SERVICE

Effective Date: April 26, 2018

Last revised: April 25, 2018

Welcome!  Alltown’s websites, mobile apps and other online and/or offline services are owned and operated by Global Partners LP’s operating subsidiaries, including without limitation Global Montello Group Corp., Drake Petroleum Company, Inc., Warex Terminals Corporation, Global Companies LLC and/or Alliance Energy LLC (collectively, “Global,” “we” or “us”).

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE YOU USE THE SERVICES.  BY USING THE SERVICES, YOU AFFIRM THAT:

 

  • YOU HAVE READ AND UNDERSTAND THESE TERMS;
  • YOU WILL COMPLY WITH THESE TERMS; AND
  • YOU ARE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.

 

IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “WARRANT DISCLAIMER,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION” below for more information.

 

By using the Services, you are electronically signing these Terms. You understand and agree that your electronic signature is the legal equivalent of your manual signature.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

  1. When do these Terms apply?

These Terms apply to your use of alltown.com, the Alltown Advantage™ Program, and any mobile application, website or other digital service in or to which these Terms are posted or linked.  For simplicity, we refer to all of these as “Services.”  If a particular Service links to different terms and conditions of use, then those terms and conditions — and not these Terms – apply.

Certain Services may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using these Services. These Terms and the additional terms will apply equally.  If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail but solely to the extent of that inconsistency.

  1. Will these Terms ever change?

The Effective Date of these Terms is set forth at the beginning.  We are constantly trying to improve the Services.  As we add new features, we may revise or supplement these Terms.  We will provide you with at least 10 days’ advance notice of any revision to these Terms that we believe is material by posting a notice in the Services, sending you an email or by some other means that we believe will notify you.  We will not make revisions that have a retroactive legal effect unless we are legally required to do so or to protect other users of the Services.  Your continued use of the Services after the Effective Date constitutes your acceptance of these Terms, as amended.  As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.

 

  1. What about my privacy?

We take your privacy seriously.  For our current Privacy Policy, please go to www.alltown.com/privacy-policy

Without limiting the terms of our Privacy Policy, you understand that Global does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure.  Except as expressly required by law, Global is not responsible or liable to you for any lack of privacy or security you may experience.  You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services.  Global reserves the right at all times to disclose any information as Global deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the security of personal information and the Services.

 

  1. What are the basics of using the Services?

The online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE ONLINE SERVICES. By accessing, using and/or submitting information to or through the online Services, you represent that you are at least age 13.  Anyone between age thirteen (13) and eighteen (18) may only use the online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

 

You must have a user name and personal identification number or password (“Account”) in order to access and use certain features of the Services, such as the Alltown Advantage™ Program (see Section 8).

If you choose login credentials, then please do not select as your login credentials a name that you don’t have the right to use or another person’s name with the intent to impersonate that person.  You may not transfer your Account to anyone else without our prior written permission.  Please do not share your Account or password with anyone.  You are responsible for the security of your Account and any activity associated with your Account.  You are responsible for keeping the information associated with your Account up to date.  Please notify us if you discover or otherwise suspect that the security of your Account is compromised.

If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that the other person agrees to be responsible to us if you, she or he violates these Terms.

 

If you agree to these Terms, then Global grants you a limited, non-exclusive, and nontransferable license to download, install and/or use the Services and the Content (see Section 5) for your personal, non-commercial use on your personal computer, mobile device or tablet (your “Device”).  Other than as expressly authorized by Global, you may not use the Services for the commercial benefit of any third party.

 

You must use the Services in compliance with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.  We cannot and will not be responsible for your use of the Services in a way that breaks the law.

 

You represent, warrant and agree that you will not use the Services to do any of the following:

(a)        Infringe or violate the intellectual property or other rights of any person or entity (including Global);

(b)        Violate any law;

(c)        Do any act that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;

(d)        Jeopardize the security of your or anyone else’s Account (such as allowing someone else to log in to the Services as you);

(e)        Attempt in any manner to obtain the Account or other security information from any other user;

(f)         Breach, test, circumvent (or attempt to breach, test or circumvent) any security protection or access management feature in the Services or otherwise attempt to gain unauthorized access to the Services or Global’s computer systems or networks;

(g)        Run any bot or process that runs or is activated while you are not logged into the Services or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h)        Crawl, scrape, index or extract web data from any part of the Services or one of Global’s other digital properties;

(i)         Use the Services to send unsolicited messages or advertisements;

  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any feature or functionality of the Services (including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one Device at any time);
  • Transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware or any other program that may be harmful or dangerous, whether accidentally or intentionally;
  • Reformat or frame any portion of the Services without Global’s written consent;
  • Collect or store personal information about or of any other user without his or her express prior written consent or otherwise invade his or her privacy; and
  • Decompile, reverse engineer, decode or otherwise attempt to derive or obtain the source code or underlying ideas or information of or relating to the Services (unless applicable laws specifically prohibits this restriction).

 

We can terminate your right to use the Services if you violate any of the above rules.

You are responsible for the Device and internet services that you need to access and use the Services.  You are responsible for any and all message, data and other fees related to use of the Services through your Device.

Based on your settings, when you use one of our mobile applications on your Device connected to the internet, updates automatically download and install or you may receive notice of or be prompted to download and install available updates.  Please promptly download and install all updates to ensure that the Services operate properly.

 

  1. What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including information, text, graphics, data, photos, images, illustrations, User Information (defined in Section 6) and Linked Services (defined in Section 9) (collectively, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services and not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates the rights of another person or entity (including Global).  You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notice contained in the Services.

You agree not to copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in Section 4), create derivative works based on or otherwise exploit any of the Content or Services.

You understand that Global owns the Services.  We license (but do not sell) the Services to you.

  1. Do I have to grant any license or other rights to Global or to other users?

Anything you send, upload, share, store or otherwise provide through the Services is your “User Information.”  Some User Information is personal information and governed by our Privacy Policy www.alltown.com/privacy-policy

Some User Information may be viewable by one or more third parties, such as when you post on one of our social media pages.  In order to display your User Information on the Services and to allow other users to view it (where applicable), you grant Global a license to translate, modify (for technical purposes, such as to ensure that submissions are viewable on your Device) and reproduce and otherwise act with respect to User Information, in each case to enable us to provide you with the Services as described in these Terms.  This is a license only – your ownership in your User Information is not affected.  Also, your license to us is subject to our Privacy Policy www.alltown.com/privacy-policy when your User Information is also personal information.

You may be able to share User Information so that more than just you or certain specified users can view it on or otherwise through the Services.  If you share User Information in this manner or if you provide us (in a direct email or otherwise) with any feedback, suggestion, improvement, enhancement and/or features relating to the Services (each of the foregoing, a “Submission”), then you grant Global the license above, as well as a license to display, perform and distribute your Submission for the purpose of making your Submission accessible to all users.  You also grant us all other rights necessary to use and exercise all rights in your Submission in connection with Global’s business.  And, you grant all other users of the Services a license to access that Submission and to use the Services and to exercise all rights in it, as permitted by the functionality of the Services.

 

Global encourages you to use caution when you publicly disclose any personal information in a Submission or otherwise through the Services because other people may see and use your personal information in unforeseen ways.

 

You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, irrevocable and worldwide.  When you delete the Services, we may continue to use information derived from your User Information and Submission for the purpose of creating, improving or developing the Services.

 

Finally, you understand and agree that Global may need to make changes to your User Information and Submissions to conform and adapt the User Information to the technical requirements of networks or other connections, your Device, other services or media and the licenses you granted above include the rights to do so.

 

  1. Who is responsible for what I see through the Services?

Any Content you receive through the Services is provided “AS IS.”   We are not liable for errors or omissions in Content or for any damage or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use Content or what actions you may take as a result of having been exposed to the Content.  You hereby release us from all liability for Content.

You are responsible for all User Information and Submissions that you provide to Global and you represent and warrant that you have all rights necessary to grant us the rights that you grant us by these Terms.

 

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY OR THESE TERMS, GLOBAL IS NOT RESPONSIBLE OR LIABLE FOR ANY USER INFORMATION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON USER INFORMATION PROVIDED BY OTHERS.

 

Remember: you are responsible for maintaining all information associated with your Account and for all of your activity through the Services.

 

  1. What terms apply to the Alltown Advantage™ Program and Global’s promotions?

From time to time, Global may offer you the opportunity to participate in discounts, offers or other promotions (collectively, “Promotions”).  Global also offers the Alltown Advantage Program (“Alltown Advantage™ Program”).

Alltown Advantage™ Program Account: The Alltown Advantage Program is offered at our convenience stores and through our application and website.  You may create an account for the Alltown Advantage Program (“Alltown Advantage™ Account”).  If you create more than one Alltown Advantage Account, Global reserves the right to cancel the duplicate account and all associated Points.

Once you create your Alltown Advantage Account, you can accumulate promotional points (“Points”) on purchases (“Qualifying Purchases”) and redeem your Points for certain eligible items at participating Alltown stores.  Certain purchases (such as alcohol, tobacco, lottery, gift cards (including reloadable phone cards), and milk (in certain states) are excluded and are not Qualifying Purchases.  The number, type and frequency of Points awarded for Qualifying Purchases are based on a number of different factors determined by Global in its discretion, such as purchase of specific products or at participating Alltown stores. To add Points to your Account, you can (i) swipe your Alltown Advantage™ loyalty card (or hand it to an Alltown cashier to be scanned), or (ii) provide an Alltown cashier with the telephone number associated with your Account, or (iii) provide a valid digital bar code or a QR code generated from the Alltown Advantage™ Program application.

Points do not accrue for any transaction for which Points are redeemed or for which coupons or other discounts or promotional codes are used.  Taxes and fees also are not eligible for Points accrual.  Points have no cash value and are not transferrable or redeemable except as described by Global or required by applicable law.  Global’s decisions about Qualifying Purchases, Points and the rewards offered for redeeming Points through the Alltown Advantage™ Program are final and not subject to review.  As required by applicable law, taxes are calculated and payable on the full amount of the Qualifying Purchase price before any reduction for redeemed Points.  After you make a Qualifying Purchase, please allow up to 3 days after the Qualifying Purchase for Global to credit Points to your Alltown Advantage™ Account.  Points expire 270 days from the date that they are earned.

If you return any part of a Qualifying Purchase, Global may deduct the Points awarded.  We reserve the right, in our sole discretion, to limit the number of transactions per day for which Points may be awarded. Global is not responsible for loss or unauthorized transactions through your Alltown Advantage™ Account.  Some of our Promotions specifically require that you create an Alltown Advantage™ Account.  Please see www.alltown.com/advantage or the Alltown Advantage™ Program application for information about current offers.

By creating an Alltown Advantage™ Account, you consent to receive electronic communications from Global, such as notices about Promotions and your Account.

General Terms for Promotions and Alltown AdvantageTM Program:  Our Promotions and the Alltown Advantage™ Program are open to employees (and their immediate family members or members of the same household) of Global and its affiliates, agents and advertising and promotion agencies.  You may not transfer, assign, sell, trade or barter any prize, premium or other benefit you receive through the Alltown Advantage™ Program or our Promotions. Unless required by law, any prize, premium, reward or other benefit may not be combined with any other discount or other benefit received from Global.  ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM GLOBAL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Only humans may participate in the Alltown Advantage™ Program and our Promotions.  No machines, scripts or automated services may be used to participate.

If you violate these Terms or other rules that apply to the Alltown Advantage™ Program and our Promotions, Global may close your Alltown Advantage™ Account and cancel any and all accrued rewards in your account or prizes won.

 

We reserve the right to modify, terminate or suspend the availability of the Alltown Advantage™ Program, the Alltown Advantage™ Program application and/or any Promotion, and to correct errors or inconsistencies in promotional materials.  We may disqualify any individual who tampers with the Alltown Advantage™ Program or a Promotion.  CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF the ALLTOWN ADVANTAGE™ PROGRAM OR A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  global RESERVEs THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

You agree to be bound by Global’s decisions about the Alltown Advantage™ Program or any Promotion, which are final and binding.  The Alltown Advantage™ Program and any Promotions are subject to all applicable federal, state and local laws, rules and regulations and are void where prohibited, restricted or taxed.

 

BY PARTICIPATING IN A PROMOTION OR THE ALLTOWN ADVANTAGE™ PROGRAM, YOU AGREE TO RELEASE GLOBAL AND ITS AGENTS AND AFFILIATES FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE AND/OR MISUSE OF ANY REWARD, PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

 

  1. What about other websites and services that are linked to the Services?

Some Content of the Services may contain links or connections to third-party websites or services that are not owned or controlled by Global (“Linked Services”).  If you decide to use Linked Services, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Service that you visit or utilize.

Global has no control over and is not responsible for the content, accuracy, privacy policy or practices of any Linked Service with which you interact through the Services.  Global does not and cannot monitor, verify, censor or edit the content of Linked Services.  By using the Services, you accept the risks and release and hold harmless Global from any and all liability arising from your use of Linked Services.

  1. Will Global ever change the Services?

We’re always trying to improve the Services so they may change over time.  We may suspend or discontinue any part of the Services or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.  We reserve the right to remove any Content or User Information from the Services in our sole discretion and without notice.

  1. Does the Services cost anything?

The Services are currently provided to you at no cost.  This does not mean that what we offer through the Services is free — only that Global does not charge a fee to access and use the Services.

Some of the Services offer text messaging (SMS or MMS) services.  Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us.  MESSAGE AND DATA RATES MAY APPLY. All charges are billed by and payable to your wireless service provider.  Please contact your wireless service provider for pricing plans and details.  Text message services are provided on an “as is” basis and may not be available in all areas at all times.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT GLOBAL USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

  1. What if I want to stop using the Services?

You may stop using the Services at any time for any reason.

Global reserves the right immediately to suspend or terminate your access to the Services without notice if Global believes you violated these Terms.  Global reserves the right to notify other users about the termination of your access to the Services.  Global has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

 

We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important User Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of Global.

If you have deleted a Global mobile application or your Account by mistake, please contact us immediately at customerservice@alltown.com or by telephone at 1-800-480-0088. We will try to help, but unfortunately cannot promise that we will be able to recover or restore anything.

Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following provisions will survive termination: any limitation on our liability, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us.

  1. What else do I need to know?

Warranty DisclaimerNeither Global nor its licensors or suppliers make any representations or warranties concerning any content of or accessed through the Services.  We are not responsible or liable for the accuracy, copyright compliance or decency of Content contained in or accessed through the Services.  THE SERVICES AND CONTENT ARE PROVIDED BY GLOBAL (AND ITS LICENSORS AND SUPPLIERS) “AS IS,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GLOBAL AND ITS REPRESENTATIVES, AGENTS AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“GLOBAL PARTIES”) ARE AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES  OR CONTENT.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL GLOBAL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, GLOBAL PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Global would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

Governing Law; Dispute Resolution.  These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.  You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts, USA in all disputes (a) arising out of, relating to, or concerning the Services and/or these Terms, (b) in which the Services and/or Terms are at issue or a material fact, or (c) in which the Services and/or Terms are referenced in a filing with a court, tribunal, agency or other dispute resolution organization.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GLOBAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification.  You agree to defend, indemnify and hold harmless the Global Parties from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against any of them by any third party arising out of or related to your violation of these Terms or use of the Services.  Global reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.  No settlement that affects the rights or obligations of Global may be made without Global’s prior written approval.

Global agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party’s U.S. patent, copyright or trademark right.

 

Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without Global’s prior written consent.  We may transfer, assign or delegate these Terms and our rights and obligations without consent.

Services Platform Terms.

When you download the Services from a third-party applications store (the “Services Platform”), you acknowledge and agree that:

  • These Terms are an agreement between us and not with the Services Platform. As between Global and the Services Platform, Global is solely responsible for the applications.
  • The Services Platform has no obligation to provide any maintenance and support services with respect to the applications.
  • In the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the Services Platform and the Services Platform may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the Services Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Global and the Services Platform, Global’s responsibility.
  • The Services Platform is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications.
  • If a third party claims that an application infringes another party’s intellectual property rights, as between the Services Platform and Global, Global is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The Services Platform and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of the terms and conditions of these Terms, the Services Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the applications.

 

U.S. Government Rights. The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101.  Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

 

Miscellaneous Legal Terms.  You are responsible for paying, withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services (if any).  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further right hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and Global agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Global and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If Global is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only.  These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls. Except as expressly set forth in the Services Platform Terms subsection, you and Global agree that there are no third party beneficiaries intended under these Terms.

NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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.”

 

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

 

The provider of the Services is: Global Montello Group Corp., 800 South Street, Suite 500, Waltham, MA 02453.

 

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to customerservice@alltown.com or to Alltown Customer Service, 800 South Street, Suite 500, Waltham, MA 02453.

 

Copyright Policy

If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright agent using the contact information below.  Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement in the Services; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

 

Please contact us at:

 

Legal Department – Attn: Copyright Agent

Global Partners LP

800 South Street, Suite 500

Waltham, MA  02453

Phone: 781-398-4211

Email: copyrightagent@globalp.com

 

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services are infringing, we suggest that you contact an attorney prior to sending notice.

No Investment Advice

No materials presented within the Services should be regarded as investment advice. Global does not offer to sell or solicit offers to buy securities through the Services. If you are interested in purchasing securities in Global, it is recommended that you contact a licensed investment advisor and review all SEC submitted documents, such as 10-Ks and 10-Qs, before making a purchase of any securities. Data and information is provided for informational purposes only, and is not intended for trading purposes.

 

Your Electronic Signature

You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide Global any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing.  You also agree that no third party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Services constitutes your agreement to be bound by Global’s Terms of Service and Privacy Policy as they exist on the date of your electronic signature.

 

QUESTIONS ABOUT THESE TERMS?

If you have any questions, comments or concerns regarding these Terms or the Services, please contact us:

by e-mail at customerservice@alltown.com, or

by telephone at 1-800-480-0088, or

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