Mobile Apps Terms and Conditions
By installing and using this mobile software application (the “App”), you affirmatively consent to installation of the App on your mobile device and agree to the following terms and conditions that govern your use of the App (“Terms”). We may amend the Terms at any time. Do not install the App if you do not want it on your mobile device or if you do not agree to these Terms. You agree that you have read and you accept the Terms.
“You” (and any variants thereof) means anyone who downloads or uses the App and “we,” “us” or “Gleason” means Gleason Corporation and its subsidiaries and affiliates. If you use or intend to use the App for a company or business (“Company”) with which you are affiliated, you acknowledge that you have the right to bind that Company or business to these Terms and that these terms will bind you and that Company and that “you” includes the Company. You are responsible for ensuring that all persons who access our App through your device are aware of these Terms and other applicable terms and conditions and that they comply with them.
Mobile Application and Terms. We offer you access to various product- and service-related Gleason content and functionalities. The App includes upgrades and support as may be made available and any other software or documentation that enables the use of the App. The App may be used on Apple devices running iOS. Content is available in English or further languages. The App is currently made available to you free of charge for your use on your mobile device.
Push Notifications. By registering with the App, you will on occasion receive push notifications from us notifying you of new offers and/or promotions, as well as other account information that may be important to you. If you no longer wish to receive these types of communications, you may opt-out from receiving them by turning them off at the device level through the settings of the device.
E-mail and Privacy. We may require that you enter certain login information (e.g. username and password) to register to use this App and we will only use this information to allow you access to the App content. You are responsible for maintaining the confidentiality of login information and for restricting access to your mobile device and the App and you agree to accept responsibility for all activities that occur through use of the App on your mobile device.
You also may be required to enter other information to use certain aspects of the App, including your name, contact information (i.e. phone number, e-mail, company name, location), machine related information and service issues.
This information may be used by us to respond to your inquiries and supply you with requested information on our products and services. In addition, we will collect general information (such as the type of operating system and device you use, the service and geographic area from which you access or use the App, the time and length of your visit/use and the pages you visited) to improve the App as well as for marketing research and other marketing purposes. While we may share this information with our affiliates, we will not sell your personally-identifiable information to any other entity.
We may also use third-party tracking applications to determine how and where this App is being used.
You are responsible for the accuracy of all information you provide to us using the App. We do not have to verify the accuracy of any such information and are not responsible for any damages to you caused by our inability or delay in contacting you because of inaccurate information. If you choose to respond directly to us with any information, including comments, questions, suggestions, ideas or the like, relating to this App or our products and services, you agree that (i) such information shall be deemed non-confidential, and (ii) we shall have no obligation to respond to you.
License. All trademarks, service marks, copyright, database rights and any other intellectual property rights contained within the App, together with the underlying software code, are owned either directly by us or by our third-party provider. The only rights you obtain under these Terms are the limited and terminable right and license to install the App on your mobile device and to use it according to these Terms.
Restrictions. You agree not to, nor will you allow any third party on your behalf to, (i) make or distribute copies of the App, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App, (iii) create derivative works of the App, or (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App.
Mobile Network Provider/Platform Provider. The terms of your agreement with your mobile network provider will continue to apply when using the App. We have no control over what you are charged for access to network connection services for the duration of the connection while accessing the App, or other third party charges that may apply. You accept responsibility for any such charges and acknowledge that we are not responsible in any way. We have no control over the privacy policies or terms and conditions of any third party provider and direct you to such third parties for that information.
Availability. We will use reasonable efforts to make the App available at all times, but factors outside our reasonable control affect availability, such as availability of the Internet and mobile networks. We will not be liable to you if for any reason our App is unavailable or functions poorly (including communications issues) for any reason, at any time or for any period.
Suspension, Termination, etc. We may suspend or terminate your use of the App at any time by giving you notice. We may also suspend, withdraw, discontinue or change all or any part of our App without notice and at our discretion. You may terminate your use of this App by deleting the App from your mobile device. Upon termination, your right to use the App will cease and you must stop all use of the App. Suspension or termination will not limit any of our rights or remedies at law or in equity.
Disclaimer and Limitation of Liability. The App and any content provided on or through the App are provided “AS IS”, without any kind of warranty. We are not liable for any errors, delays, inaccuracies or omissions in this App or any sites that are linked to, or referred to by, this App, or for any damage or alteration to your equipment including, but not limited to, any handheld or mobile device as a result of the installation or use of the App. In no event will we be liable for any damages caused by or in connection with use of this App or use of any site linked to this App. Although the App allows you to submit service related information to us as a convenience, you are still required to submit service requests to us through your regular Gleason service representative and otherwise in the manner proscribed under any applicable service contract you may have with us. Additionally, no functionality of the App or statement contained in any pages you may access using the App modifies or expands your service rights or our service obligations.
Gleason assumes no liability for and cannot guarantee the accuracy of formulas, calculations, etc. provided in the App. Gleason disclaims any responsibility for the suitability or usability of the App for the purpose intended by the user of the App; use of the App is at the user’s own risk. Gleason recommends that the App not be used as the sole tool for the planning and design of components. In addition, Gleason cannot accept and hereby disclaims any responsibility for ensuring that the actual manufacturing or use of a component which was planned or calculated using the App does not infringe any rights of third parties, such as patent rights, or for ensuring that a component which can be calculated can actually be manufactured. Included information and specifications are subject to change without notice.
WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE APP, USE OF THE APP AND THE INFORMATION CONTAINED IN THE APP, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no responsibility for errors or omissions in the App or other documents which are referenced by or linked to from the App. Changes, deletions and additions may be made to the information contained in or from the App by us at any time without notice, and we may change the products or services described in or provided from the App any time without notice. Not all products or services referenced in this App are available in all areas.
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION) BASED ON ANY USE OF THE APP.
These Terms are governed by New York law, excluding its conflict of law provisions. Gleason and you agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of New York. If any provision herein is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions herein shall remain in full force and effect. These Terms do not modify any terms of purchase or service terms applicable to any product or service you have purchased from us. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not litigate any claims against us or our affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You further agree that any cause of action arising out of or related to the App must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms, including any other polices or terms referenced herein, shall, as the same are amended from time to time, constitute the entire agreement that governs your use of the App and supersedes any prior agreements between you and us with respect to the use of the App. We may modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the App or by notifying you in another manner, such as e-mail, so that they are accessible via a link on the home page, and that your use of the App after we have posted or notified you of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the App. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the App from that point forward. By using the App, you agree to the Terms and any modifications thereto.
© 2015 Gleason Corporation. All Rights Reserved. Last modified August 04, 2015