SHIPPING PROTECTION TERMS & CONDITIONS OF USE

Last Updated: August 13, 2024

YOUR USE OF AND ACCESS TO GLIDECOAT SHIPPING PROTECTION SERVICES, AS DEFINED BELOW, ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, YOUR USE OF THE SERVICES IS PROHIBITED.

IMPORTANT NOTICE REGARDING ARBITRATION:
WHEN YOU AGREE TO THE TERMS OF USE, YOU ARE AGREEING, WITH LIMITED EXCEPTION, TO RESOLVE ANY DISPUTE THAT MAY ARISE BETWEEN YOURSELF AND GLIDECOAT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” FOR FURTHER DETAILS.

  1. Terms and Conditions of Use
    1. Please read these Terms and Conditions of Use (“Terms of Use”) and our Privacy Policy (https://glidecoat.com/privacy-policy) (“Privacy Policy”) carefully because they govern your (“Your,” “You,” or “Yours”) use of the website located at: https://glidecoat.com/ (“Site”), the related products (“Products”), and the order shipping, tracking, and other post-purchase services, including but not limited to our shipping protection. To make these Terms of Use easier to read, the Site, Products, the other products and services made available through the Site, and the content and materials available on them (the “Content”) are collectively called the “Services.”
    2. Please read these Terms of Use carefully before using our Services or Content. By accessing or using the Services, clicking on a button or taking any other action to signify Your acceptance of these Terms of Use, or completing our account registration process, You:
      1. agree to be bound by these Terms of Use and any future amendments and additions to these Terms of Use as published from time to time through the Site; and
      2. represent You are of legal age in Your jurisdiction of residence and capable of forming a binding contract with Glidecoat, and are not otherwise barred from using the Services under applicable law. These Terms of Use include the provisions in this document, as well as those in the Privacy Policy. If You accept or agree to these Terms of Use on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “You” and “Your” will refer and apply to that company or other legal entity in addition to You.
    3. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to You for Your acceptance when You sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.” Glidecoat may modify these Terms of Use at any time from time to time without prior notice and at our discretion. If we do, we’ll let You know by posting the updated Terms of Use on the Site, to the App, and/or may also send other communications. It’s important that you review the Terms of Use whenever we update them, or You use the Services. If You continue to use the Services after we have posted updated Terms of Use it means that You accept and agree to the changes. If You don’t agree to be bound by the changes, You may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without notice, at our sole discretion.
    4. See our current Privacy Policy, which also governs your use of the Services, for information and notices regarding our collection and use of personal information.
  2. Use of Services and Content
    1. The Services:
      As part of the Services, Glidecoat develops and makes available to You, as a consumer and end customer, we offer you the opportunity to add protection to your shipment (as described in the “Insurance” section below). For clarity, reference to “Consumer” is deemed a reference to “You” for purposes of these Terms of Use. Glidecoat Shipping Protection allows Consumers to file a notice of physical loss or damage from any external cause (“Loss”) and to track the location of their shipments. Upon an election to protect their shipments under Glidecoat Shipping Protection, Consumers will receive a link to file such notices of Loss and to track such shipments.
    2. Account:
      In order to access certain features of the Services, You may be required to create an account on the Services directly through the Services or by way of an account you may have with a third party, such as Google, (such Services account, the “Account”) and become a Registered User. For the purposes of this Agreement, You are a “Registered User” if You have registered for any Account. When registering an Account for the Services, You agree to provide only true, accurate, current and complete information about Yourself requested by the registration form (including your name and email address) (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that You are not barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You agree that You won’t misrepresent Your identity, use any other person’s image, likeness, or identity, or otherwise provide any deceptive or misleading profile information in connection with the creation and use of Your Account. If You create Your Account through the use of a third-party account, we may access certain personal information that the third party provides to us such as Your email address and name, as well as other data available in Your account. Further information about the use of third-party accounts is provided in the Privacy Policy. You also represent and warrant to us that You have the right to create Your Account and provide the data to us through such an account. You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the corporate member You represent) to access or use our Services on Your behalf. You are responsible for maintaining the confidentiality of Your user ID and password and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify us of any unauthorized use of Your user ID or password or any other breach of security. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your Account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by Onan Technologies Inc. DBA Glidecoat.
    3. Connecting Your Third-Party Account:
      As part of the Services, You will be asked to connect one or more portions of Your third-party mail account or Your third-party marketplace account to Your Account (including, without limitation, email or purchase activities). To the extent You connect Your third-party email account and/or Your third-party marketplace account with Your Account, You agree that we may access certain personal information and other data available in Your account. Further information about connecting Your third-party email account and/or You third-party marketplace account is provided in the Privacy Policy.
  3. Restrictions on Use of the Services:
    You agree not to do any of the following:

    1. Use, display, mirror or frame the Services or any individual element within the Services, Glidecoat’s name, any Glidecoat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Glidecoat’s express written consent;
    2. Access, tamper with, or use non-public areas of the Services, or Glidecoat’s computer systems;
    3. Attempt to probe, scan or test the vulnerability of any Glidecoat system or network or breach any security or authentication measures;
    4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Glidecoat or any of Glidecoat’s providers or any other third party (including another user) to protect the Services;
    5. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Glidecoat or other generally available third-party web browsers;
    6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    7. Use any meta tags or other hidden text or metadata utilizing a Glidecoat trademark, logo URL or product name without Glidecoats’s express written consent;
    8. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
    9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
    10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    13. Impersonate or misrepresent your affiliation with any person or entity;
    14. Systematically retrieve data from any of the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission;
    15. Send or submit files that contain malware through the Services or while accessing or using the Services;
    16. Conduct activities that pose an unacceptable risk of loss as determined by Glidecoat in its discretion;
    17. Violate any applicable law or regulation; or
    18. Encourage or enable any other individual to do any of the prohibited activities above.

    Glidecoat is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Member Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Glidecoat reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.

  4. Insurance
    1. A summary of the Glidecoat Policy (Glidecoat’s cargo insurance policy) can be found at glidecoat.com/insurance. Glidecoat Shipping Protection is subject to and strictly limited by the terms of the Glidecoat Policy.
    2. The Glidecoat Policy extends coverage to online purchases that are lost or damaged while in transit or, “porch pirated” where the transportation of such purchases is tracked. Glidecoat’s offer of shipping protection is not intended to provide insurance to You directly. Glidecoat is not responsible for and has no liability to You for any acts or omission of Onan Technology Inc. with respect to Glidecoat Shipping Protection.
    3. Unless Glidecoat has provided Shipping Protection to You at no cost, Your election to protection to orders is entirely optional.  You have the option of obtaining protection from an alternative source or not at all. With respect to goods purchased on a subscription basis, adding Glidecoat to an initial subscription purchase will automatically add the Glidecoat premium and shipping protection to all subsequent installments of said subscription. To cancel shipping protection, you must cancel your original subscription.
    4. If You elect to add shipping protection, Glidecoat will provide You with a link to a summary of the protection and instructions to file a notice of Loss.
    5. Glidecoat is not liable for more than $5,000 for any one package or shipment.
    6. Any shipments that exceed Glidecoat’s Shipping Protection Limit will only be paid out up to the applicable Glidecoat Shipping Protection Limit.
    7. Glidecoat Shipping Protection attaches from the time the covered goods commence transit and/or are located anywhere incidental to transit and continues during the ordinary course of transit until transportation terminates at final destination or until Your interest ceases, whichever occurs first.
    8. Claims to recover a Loss (“Claims”) for packages marked “delivered” must be filed between 5 days after the date the package was marked “delivered” and before 30 days from the date the package was marked “delivered.”
    9. Claims for packages presumed to be lost (where the status is not “delivered”) must be filed after 7 days from the last checkpoint (20 for international) but before 30 days from the last checkpoint.
    10. If you have package protection for an order placed with Glidecoat, and experience a Loss, you agree to file a claim first, and follow the Claims process to its conclusion instead of filing a chargeback for the same loss with your credit card provider.  If you choose to file a chargeback for the Loss prior to the conclusion of the Claims process, Glidecoat reserves the right to refund you the cost of the package protection premium only, in lieu of any other compensation and in full satisfaction of Glidecoat’s obligations thereunder.
    11. Should the Claim be approved, it will be deemed to be in full settlement and satisfaction of all claims and demands by You (the “Claimant”). For clarity, Glidecoat reserves the right in its sole discretion to refuse to allow for a Claim to be paid out to You if Glidecoat reasonably believes or makes a determination that such Claim is fraudulent. In consideration of this payment, the Claimant hereby releases and discharges Glidecoat and each of their respective principals, executives, agents, employees, representatives, successors, assigns, subsidiaries, and affiliated companies, from any and all further claims existing and/or arising in the future relating to the above-referenced merchandise. If there is a Loss while the package is under the control of a Common Carrier including but not limited to FedEx, UPS, USPS, or DHL, and Glidecoat makes a payment to You related to that Loss, Glidecoat shall have the exclusive right to seek recovery from the Common Carrier.
    12. The Claimant agrees to cooperate with and to assist Glidecoat and, to provide all documentation or other information which may be needed and to execute in the customer’s name any documents which may be necessary to evaluate and process any Claim.
    13. In exchange for this Claim payment, the Claimant agrees that any monies collected from any such carrier, vessel, person or corporation, whether received in the first instance by the Claimant or by Glidecoat, shall be the property of Glidecoat; and that the acceptance of this claim payment shall not prejudice or take away any rights or remedies which Glidecoat would otherwise have by virtue of such payment.
    14. In the event of a covered Claim, Glidecoat shall approve that the merchandise be either replaced or refunded. Both replacement and refund options are part of the Terms of Use and have been agreed as such. Glidecoat Package Protection or other shipping protection does not extend shipping protection to orders, shipments, or merchandise other than as paid for by You as the Consumer on a per transaction basis. Glidecoat is not otherwise liable for any claims, or reimbursement or reorder obligations, to You in respect of any orders, shipments, or merchandise.
  5. Third-Party Services
    Your use of the Services may contain links to and allow You to access third-party websites, resources, or services (“Third-Party Services”). We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party resources.
  6. Intellectual Property
    1. Feedback: We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If You choose to submit Feedback, You agree that we are free to use it without any restriction or compensation to You.
    2. Glidecoat Intellectual Property: We own and retain all rights, title, and interest in and our Services (except for any licensed content, trademarks, and software components included in the Services, which are the property of their respective owners). Subject to the limited rights expressly granted in these Terms of Use, no rights are granted to You under these Terms of Use (whether by implication, estoppel, exhaustion, or otherwise). You understand and agree that You have no ownership interest in the Services. Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Glidecoat in the U.S. and/or other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We also reserve the right to determine and control all aspects (including all functionality) of the Services and our trade dress, as well as the right to re-design, modify and remove any or all aspects of them.
    3. Your Intellectual Property and Aggregate Data: You retain all right, title and interest in and to
      1. all graphics, images, files, data and other information transmitted by You to Glidecoat in connection with its use our Services and
      2. reports and other materials generated by our Services following such transmission (collectively, “Member Data”), provided.

      However, by using the Services, You acknowledge and agree that Glidecoat may derive or aggregate in de-identified form any data from:

      1. the Member Data; or
      2. Your use of the Services, including, without limitation, any usage data or trends with respect to the Services.

      As between You and us, we own and retain all title, ownership, and intellectual property rights in and to the Aggregate Data.

  7. Termination
    We may suspend or terminate Your access to and use of the Services, including suspending access to or terminating Your Account, at our sole discretion, at any time and without notice to You. You may delete Your Account at any time. Upon any termination, discontinuation or cancellation of the Services or Your Account, the following Sections will survive: 3, 6, 8, 9, 10, 12, 13, 14, and this sentence of 7.
  8. Indemnification
    You agree to indemnify, defend, and hold Glidecoat, its parents, subsidiaries, affiliates, and service providers, and each of their respective officers, employees, contractors, agents, and business partners (collectively, the “Glidecoat Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) incurred in connection with any judicial or non-judicial claim, demand or action (each a “Claim”) relating to or arising out of:

    1. Your access to, use of, or misuse of the Services;
    2. Your violation of this Agreement;
    3. Your violation of any rights of another party, including any Merchants and/or other Consumers; or
    4. Your violation of any applicable laws, rules or regulations.

    Glidecoat reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Glidecoat in asserting any available defenses. You will not settle any Claim without Glidecoat’s prior written consent.

  9. Disclaimer of Warranty
    YOUR USE OF ANY OF OUR SERVICES AND ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO SERVICES, POLICY INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES (WHICH INCLUDE THE CONTENT). THE SERVICES (WHICH INCLUDE THE CONTENT) IS PROVIDED “AS IS”, “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR CONTENT WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES OR ANY OF THE CONTENT, NOR THE ADEQUACY, ACCURACY, QUALITY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT OR RELIABILITY OF ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES OR CONTENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  10. Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OURSELVES AND THE OTHER GLIDECOAT PARTIES, AND OUR SERVICE PROVIDERS I EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING OR INABILITY TO ACCESS OR USE ALL OR ANY PART OF ANY OF OUR SERVICES OR ANY OF THE CONTENT, OR YOUR RELIANCE ON SUCH SERVICES AND/OR CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH SERVICES AND/OR CONTENT, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF, IRRESPECTIVE OF THE THEORY ON WHICH THEY ARE BASED (E.G. NEGLIGENCE, TORT, STRICT LIABILITY), AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GLIDECOAT OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF:

    1. $100; AND
    2. THE AMOUNT OF ANY LOSS THAT WE ARE REQUIRED TO PAY UNDER THESE TERMS OF USE.

    THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

    THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GLIDECOAT AND YOU.

  11. International Users
    The Site can be accessed from countries around the world and may contain references to the Services that are not available in Your country. These references do not imply that Glidecoat intends to announce or promote the availability of such Services in Your country. The Services are controlled and offered by Glidecoat from its warehouses in the United States of America. Glidecoat makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law(s).
  12. Governing Law and Forum Choice
    This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent the parties are permitted under this Agreement to initiate litigation in a court (other than small claims), or if You are located outside of the United States, both You and Glidecoat agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in Florida.
  13. Dispute Resolution
    Please read the following arbitration agreement in this Section carefully. It requires You to arbitrate disputes with Glidecoat and limits the manner in which You can seek relief from us.

    1. Mandatory Arbitration of Disputes: We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Glidecoat agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and that You and Glidecoat are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.
    2. Exceptions: As limited exceptions to Section 13-A above:
      1. we both may seek to resolve a Dispute in small claims court if it qualifies; and
      2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
    3. Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

      Any arbitration hearings will take place in the county (or parish) where You live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

    4. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds Your Dispute frivolous. If we prevail in arbitration (i.e., we are the party whose major positions taken could fairly be said to have prevailed over Your major positions on material disputed issues), we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from You.  If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    5. Injunctive and Declaratory Relief: Except as provided in Section 13-B above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that You or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    6. Class Action Waiver: YOU AND GLIDECOAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    7. Severability: With the exception of any of the provisions in Section 13-F of these Terms of Use (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms of Use is invalid or unenforceable, the other parts of these Terms of Use will still apply.
  14. Miscellaneous
    1. The communications between You and Glidecoat use electronic means, whether You visit Services or send Glidecoat emails, or whether Glidecoat posts notices on Services or communicates with You via email. For contractual purposes, You
      1. consent to receive communications from Glidecoat in an electronic form; and
      2. agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Glidecoat provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect Your statutory rights.
    2. This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Glidecoat’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Glidecoat may freely assign, delegate or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
    3. Glidecoat is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    4. Where Glidecoat requires that You provide an email address, You are responsible for providing Glidecoat with Your most current email address. In the event that the last email address You provided to Glidecoat is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, Glidecoat’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Glidecoat at the following address:

      Onan Technologies Inc. DBA Glidecoat,
      7812 SW Jack James Dr.
      Stuart, FL 34997

      Such notice shall be deemed given when received by Glidecoat by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

    5. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    6. If any portion of these Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    7. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous discussions between the parties with respect to such subject matter.  Glidecoat reserves the right to clarify or amend this Agreement by publicly publishing a new version of them on its or any of its successors’ website.
    8. Glidecoat is a registered business in Florida, USA.
  15. Contact Information
    If You have any questions about these Terms of Use or the Services, please contact Glidecoat at customersupport@glidecoat.com.

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