Terms of Service
Glazier Drive provides a personalized subscription service that allows our members to access content ("Glazier Drive content") streamed over the Internet to certain Internet-connected TV's, computers or other devices ("Glazier Drive ready devices").
1.1. Your Glazier Drive membership will continue and automatically renew until terminated. To use the Glazier Drive service you must have Internet access and a Glazier Drive ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid being charged membership fees for the next billing cycle (see "Cancellation" below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Glazier Drive membership by visiting our website and clicking on the "Account" link.
2. Free Trials
2.1. Your Glazier Drive membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by Glazier Drive at its sole discretion and we may limit the eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Glazier Drive membership are not eligible. We may use information such as device ID, method of payment or the account email address used with an existing or recent Glazier Drive membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. To view the applicable membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
3. Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Glazier Drive service, any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend upon the type of subscription that you choose when you register for the service. Membership fees are fully earned by Glazier Drive upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.2. Payment Methods. To use the Glazier Drive service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. Glazier Drive is not responsible for any non-sufficient funds related fees or other fees charged to your account even when a direct result of a charge processed by Glazier Drive to your Payment Method.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your Glazier Drive membership at any time, and you will continue to have access to the Glazier Drive service through the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Glazier Drive using your account with a third party as a Payment Method and wish to cancel your Glazier Drive membership, you may need to do so through that third party by, for example, visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Glazier Drive service through that third party. You may also find billing information about your Glazier Drive membership by visiting your account with the applicable third party.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. Glazier Drive Service
4.2. The Glazier Drive service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Glazier Drive membership, we grant you a limited, non-exclusive, non-transferable right to access the Glazier Drive service and view Glazier Drive content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances or viewing.
4.3. You may view Glazier Drive content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends upon your chosen subscription plan and is specified on the "Account" page.
4.5. The quality of the display of the Glazier Drive content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information regarding possible Internet data usage charges. Glazier Drive makes no representations or warranties regarding the quality of your watching experience on your display. The time it takes to begin watching Glazier Drive content will vary based upon a number of factors, including your location, available bandwidth at the time, the Glazier Drive content you have selected and the configuration of your Glazier Drive ready device.
4.6. Glazier Drive software may solely be used for authorized streaming and viewing of content from Glazier Drive through Glazier Drive ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Glazier Drive and related third-party software. If you do not accept the foregoing terms, you will not be eligible for the Glazier Drive service.
4.7. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Glazier Drive ready device for any issues related to the device and its compatibility with the Glazier Drive service. We do not take responsibility or otherwise warrant the performance of Glazier Drive ready devices, including the continued compatibility with our service. If your Glazier Drive ready device is sold, lost or stolen, please deactivate the Glazier Drive ready device. If you fail to log out or deactivate your device, subsequent users may access the Glazier Drive service through your account and may be able to access your account information.
4.8. Use of Communication Services. Glazier Drive may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, libel, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Glazier Drive has no obligation to monitor the Communication Services. However, Glazier Drive reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Glazier Drive reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Glazier Drive reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Glazier Drive’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Glazier Drive does not control or endorse the content, messages or information found in any Communication Service and, therefore, Glazier Drive specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Glazier Drive spokespersons, and their views do not necessarily reflect those of Glazier Drive.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
5. Passwords and Account Access. The member who created the Glazier Drive account and whose Payment Method is charged (the "Account Owner") has access and control over the Glazier Drive account and the Glazier Drive ready devices that are used to access our service and is responsible for any activity that occurs through the Glazier Drive account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Glazier Drive ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Glazier Drive or our partners from identity theft or other fraudulent activity. Glazier Drive is not obligated to credit or discount a membership for holds placed on the account by either a representative of Glazier Drive or by the automated processes of Glazier Drive.
6. Disclaimers of Warranties and Limitations on Liability
6.1. THE GLAZIER DRIVE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GLAZIER DRIVE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GLAZIER DRIVE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GLAZIER DRIVE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GLAZIER DRIVE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GLAZIER DRIVE READY DEVICES, AND GLAZIER DRIVE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GLAZIER DRIVE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7. Arbitration Agreement
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH GLAZIER DRIVE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Glazier Drive, by certified mail, a written Notice of your claim ("Notice"). The Notice to Glazier Drive must be addressed to: Springs Digital,LLC, 1880 Office Club Pointe, Colorado Springs, CO 80920 ("Notice Address"). If Glazier Drive initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Glazier Drive, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Glazier Drive and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Glazier Drive may commence an arbitration proceeding or file a claim in small claims court.
7.3. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Glazier Drive and you agree otherwise, any arbitration hearings will take place in El Paso County, Colorado. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.4. YOU AND GLAZIER DRIVE 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, unless both you and Glazier Drive agree otherwise, the arbitrator may not consolidate more than one 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 arbitration provision shall be null and void.
8.2. Unsolicited Materials. Glazier Drive does not accept unsolicited materials or ideas for Glazier Drive content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Glazier Drive. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Glazier Drive and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
8.3. Feedback. Glazier Drive is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Glazier Drive service, including the Glazier Drive website and user interfaces, worldwide and in-perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Glazier Drive service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
8.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact Customer Service at email@example.com.
8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
8.8 Enforcement. Enforcement of the rules set forth in these Terms of Service is solely at Glazier Drive's discretion, and failure to enforce such rules in some instances does not constitute a waiver of Glazier Drive's right to enforce such rules in other instances.