GDS Estimating Terms of Service
Revised May 16, 2017
Welcome to GDS Estimating (a division of Infinitive Solutions, LLC), your software solution for the glass industry. GDS Estimating offers a variety of products, both desktop and online based, that will help you with drawing, estimating, and fabricating commercial and residential glass products. The following are the terms and conditions for use of GDS Estimating website and services. Please read them carefully.
This service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain a GDS Estimating account. By clicking the "I AGREE" button and completing the registration process, or by downloading any software from this website, you are stating that you agree to be bound by all of the Terms and Conditions of GDS Estimating Terms of Service.
1. DESCRIPTION OF THE SERVICES
GDS Estimating currently provides its members access to internet applications and desktop applications on a fee paid basis. GDS Estimating also allows visitors to download parts of the GDS Estimating suite of applications. GDS Estimating may change, suspend or discontinue (temporarily or permanently) the services; any feature or aspect thereof, at any time; impose limits on features or aspects of the services; restrict the member access thereto, all without giving prior notice or incurring any liability to the subscribing organization, its members or any third party. Unless explicitly stated otherwise, any new applications or features and any changes to the current services shall be subject to these terms.
To open an GDS Estimating account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. The member warrants to Infinitive Solutions, LLC that GDS Estimating products and services will not be used for any purpose that is unlawful or prohibited by these terms and is responsible for all acts or omissions that occur under the member’s password.
Without limitation the member agrees that GDS Estimating products and services will not be used to:
Upload, store, post, email or otherwise transmit, distribute, publish or disseminate any site information or other information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous, or promotes such activity;
Upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any site information, content or other information or material that (or the transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others, violates any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or is otherwise objectionable;
Email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, "junk email," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise);
Provide inaccurate, incomplete, outdated or misleading registration information, create a false identity or manipulate identifiers to mislead others to disguise the origin of any information stored on the subscribing organization Site or transmitted through the services, or impersonate any person or entity, or otherwise misrepresent any affiliation with a person or entity;
Use, download or otherwise copy, or provide to a person or entity that is not one of the Subscribing organization's members any portion of the services or any content or any portion thereof;
Upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any material that contains software viruses, trojan horses, worms, time bombs, cancel-bots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices, or any other harmful or disruptive program, or any wares, cracks, hacks, associated utilities or other piracy related information;
Attempt to gain unauthorized access to the services, content, other subscribing organization sites or site information or personal information, or other computer systems, servers or networks connected to the Services;
Violate (intentionally or unintentionally ) any applicable local, state, national or international law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, (including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ), laws regarding the transmission through the services of technical data or software exported from the United States and/or the country in which the members reside, and all local laws and regulations regarding online conduct and acceptable content of the members' transmissions and site information.
Upload, store, post, email or otherwise transmit, distribute, publish or disseminate any site Information or other information that is harmful to minors in any way.
For any part of this service which is a paid service, you will be charged a fee at the end of the evaluation period.
You agree to notify Infinitive Solutions, LLC immediately of any unauthorized use of your account or any other breach of security. The member acknowledges that GDS Estimating does not monitor any of the information transmitted through the services, any site information or any use thereof except to the limited extent as may be permitted in the Privacy Statement. Infinitive Solutions, LLC shall have the right (but not the obligation) to delete, move or edit any information and require the user to delete, move or edit any site information that violates these terms.
GDS Estimating regularly backs up site information of members. GDS Estimating shall have no liability for any failure to backup or restore such site information, or for interruptions, delay or suspension of access to or unavailability of such site information, or any loss of site information, data or transmissions.
5. RISK OF LOSS
Infinitive Solutions, LLC shall have no liability for the loss of information or other data posted on its web site or other services and products, including but not limited to gdsestimating.com, cloudgds.com, ezcutlist.com, and solargds.com. Infinitive Solutions, LLC shall have no liability for any loss of productivity or business arising from an interruption or suspension of service or loss of data. Users should take steps to preserve content through other means in case of a loss. Infinitive Solutions, LLC will take steps to try to prevent access to user data by parties other than those to whom the user has given express permission but shall have no liability in the event that user data is accessed or tampered with by another user or third party. In the case of license sharing via the access granting process -- alternately know as the account sharing process or parent-child, manager-managed, or super-sub account process, the sharing/access-granting account holder agrees to give unrestricted and indefinite read/view and write/edit/modify/delete access to the user who is granted access for the purpose of collaborating on jobs and similar constructs. In addition, both account owners agree to share with one another some personally identifiable information, such as but not limited to name, email address, and company name.
6. TRIAL USERS
Trial users will have limited use of the GDS Estimating applications and will also have a time limitation to freely access their account information. Upon the purchase of a yearly subscription, trial users will be granted full access to GDS Estimating features and tools. Conditions and terms for licensed users are detailed throughout this document.
7. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, Infinitive Solutions, LLC expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description, deletion or unauthorized access to any of the member’s materials, any loss of data, transmissions or site information resulting from hardware or software outages or any other reason, any infringement of another’s rights, including without limitation, intellectual property rights, conduct of any of the members, any goods or services purchased or obtained from any sponsor, advertiser, content provider or partner or any third party whether based on contract, tort, negligence, strict liability or otherwise. Infinitive Solutions, LLC does not represent or warrant that the Service materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components.
8. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Infinitive Solutions, LLC be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service. You specifically agree that Infinitive Solutions, LLC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the service, the materials available on or through the service, or with any of Infinitive Solutions, LLC’s terms and conditions, your sole and exclusive remedy is to discontinue using GDS Estimating services.
LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, INFINITIVE SOLUTIONS LLC’S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.
You agree to indemnify and hold Infinitive Solutions, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Infinitive Solutions, LLC may terminate the Service with or without cause at any time and effective immediately. In addition, Infinitive Solutions, LLC, in its sole discretion, may terminate your account for violation of the letter or spirit of the Terms of Service.
If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, Infinitive Solutions, LLC may terminate your account for inactivity, which is defined as failing to log into the service for an extended period of time, as determined by Infinitive Solutions, LLC The amount of time that Infinitive Solutions, LLC currently views as an "extended" period of time is a first log-on 10 days or later after registration and after an initial log-on, 120 days since your last log-on. Upon termination of the service, your right to use the Service immediately ceases. Infinitive Solutions, LLC shall have no obligation to maintain any content in your account.
Infinitive Solutions, LLC may terminate the service for non-payment of dues at any time.
11. NO SPAM; DAMAGES
Infinitive Solutions, LLC will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay Infinitive Solutions, LLC liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Infinitive Solutions, LLC account, or Infinitive Solutions, LLC actual damages, whichever is greater.
12. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the service, by Infinitive Solutions, LLC, or Infinitive Solutions, LLC's advertisers or other content providers, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software.
13. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
Infinitive Solutions, LLC reserves the right to change the Terms of Service or policies regarding the use of the service at any time and to notify you by posting an updated version of the Terms Of Service on the gdsestimating.com and cloudgds.com sites.
The Terms of Service shall be governed by and construed in accordance with the laws of the state of California and the United States of America, excluding their conflict of law provisions. You and Infinitive Solutions, LLC agree to submit to the exclusive jurisdiction of the courts located in the County of San Diego in the state of California. If any provision(s) of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Your access and use of this service is governed by all applicable federal, state and local laws. All information available on this website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Infinitive Solutions, LLC's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Infinitive Solutions, LLC in writing.
You and Infinitive Solutions, LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
If you have question or comments about our privacy policies please feel free to contact us at:
Infinitive Solutions, LLC
Publisher of gdsestimating.com, cloudgds.com, ezcutlist.com, and solargds.com
2033 San Elijo Ave., #221
Cardiff by the Sea, CA 92007
Business Hours: 07:30 – 4:00 Pacific Time, Mon - Fri