Trust Center

These Gloo Interactive Services & Assessment Terms of Service (Terms), and the policies and other documents referenced in these Terms, together form an agreement (Agreement) between you and Gloo. Gloo will grant you access to its interactive services and assessments (Services) only if you agree to the terms of this Agreement.

This Agreement will form a binding agreement between you and Gloo regarding the Services as of the date you first accept these Terms, including electronically (Effective Date). You and Gloo are each a party to this Agreement and together are the parties to this Agreement.  

Please read these Terms carefully. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET ALL OF THE QUALIFICATIONS IN THESE TERMS, YOU MAY NOT ENTER THIS AGREEMENT OR ACCESS OR USE THE SERVICES.  

THESE TERMS CONTAIN AN ARBITRATION PROVISION WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.  

1. Interactive Services and Assessments
The Services enable you to access and participate in assessments and other interactive offerings made available by Gloo.  When these Terms refer to the Services, that includes all of the assessments and other interactive offerings you may receive access to and participate in through the Services (whether or not we have specifically included a reference to “assessments”).  

2. Your Use of the Services
You are entering into this Agreement solely on your own behalf (to use the Services yourself, for your own benefit). You are not entering into this Agreement on behalf of an organization or entity (so that the entity or organization can use the Services for its benefit). Any rights granted to you under these Terms are granted to you individually, for your own personal use, solely to enable you to participate in each assessment and the other Services as made available to you under these Terms. These Terms do not grant or provide any rights to any other individual or to any organization or entity, including your employer or any other organization or entity with which you are affiliated. You may not access or use the Services on behalf of any such organization or entity. 

3. Eligibility
In order to use the Services, you must be 18 years of age or have reached the age of majority applicable to the jurisdiction in which you reside. (Minimum Age). By using the Services, you confirm that you are at least the Minimum Age and you meet the additional eligibility requirements (if any) for each Service you access. The Services are not intended for you if you are under the Minimum Age. If you do not meet the eligibility requirements for a Service, you are not permitted to access or use that Service. We or our third party partners may further limit your ability to use a particular Service (in whole or in part), if it is determined that your use is not appropriate for that Service. If you are not at least the Minimum Age you may not use the Services. If you do not meet any of the requirements for any assessment or other Service, you may not access that assessment or other Service.

4. Additional Terms
Certain Services may be subject to additional terms or conditions (Additional Terms). When you access a Service having Additional Terms, those Additional Terms form a part of this Agreement. The Additional Terms control over this Agreement only as stated in the Additional Terms. You are responsible to review all Additional Terms applicable to the Services you use.  

5. Additional Agreements
An “Additional Agreement” is another separate agreement that you enter with Gloo regarding other services or offerings of Gloo and its service providers or other third party providers not covered by this Agreement. An Additional Agreement applies only to the offering(s) under that Additional Agreement and controls over this Agreement only as to the offering(s) covered by the Additional Agreement. This Agreement will continue to control all Services under this Agreement.  

6. Use of the Services
Access to and use of each Service is subject to the terms of this Agreement. You may participate in assessments and access and use the other Services solely for your own personal purposes and benefit, subject to the terms of this Agreement and only to the extent authorized in this Agreement.  

7. Accounts
An “Account” is an account created for you through which you may access the Services. Your Account (and the associated Account credentials) is personal to you and only for your own use. You are responsible for the access to each Account and all Services accessed through your Account. You agree that all information provided through your Account will be true and complete, and you will promptly update your information to keep it accurate and current. You will ensure the security and confidentiality of all Account credentials. You will immediately notify us at: support@gloo.us (with the subject: “Re: Interactive Services”) if you become aware of any known or suspected unauthorized access to or use of your Account or any other unauthorized use(s) or breach(es) of security of your (or any Account credentials). 

8. Acceptable Use
Access to the Services is also subject to the Gloo Services Acceptable Use Policy (AUP). In addition to the terms of this Agreement, You agree that you will access and use the Services only in accordance with the AUP. The Services may not be used for illegal activities or to violate the rights of others. Do not interfere with any Services or try to access them using a method other than the interface and the instructions that we provide. 

9. Interactions with Gloo and Others
The Services allow you to connect, interact and communicate with us and with other participants, organizations, resources, and third parties through Services. By connecting, interacting or communicating with us or with others, you are agreeing to allow us or those others to connect, interact and communicate directly with you, both on and off the Services. You are solely responsible for all of your connections, interactions, or communications through the Services. When you connect, interact or communicate with us or others through the Services, you consent to the sharing and disclosure of any information or other Content that you provide through that connection, interaction, or communication. We do not guarantee the confidentiality of your connections, interactions, or communications, and we assume no responsibility for any act, omission, or wrongdoing of any other participant, organization, resource or other third party in connecting, interacting, or communicating with you.  

10. Restrictions
The assessments and other Services, and the software, hardware, databases, or other technology we use to operate or provide you with the assessments and other Services (Technology), are the valuable property of Gloo. You will not, and will not knowingly permit any third party to: (1) access or use your Account or any assessment or other Services except as expressly permitted by these Terms; (2) access or use your Account or any assessment or other Services in any unlawful or illegal manner; (3) use automated scripts to collect information or data from or otherwise interact with your account or any assessment or other Services or any Technology; (4) alter, modify, reproduce, create derivative works of your Account or any assessment or other Services or any Technology; (5) distribute, resell, lend, loan, lease, license, transfer, or otherwise make available to any third party access to your Account or to any assessment or other Services or any portion of the Technology; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in any Services or any of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any Services or any of the Technology; (8) interfere in any manner with the operation of any Services or any of the Technology or in any other manner that could damage or impair any Services or any of the Technology; or (9) alter, obscure or remove any copyright notice, copyright management information, or proprietary legend contained in or on any Services or Technology.

11. Your Content
“Content” is information, data, and other content (such as text, audio, video, photographs, illustrations, graphics and other media). “Your Content” is the Content that you provide or make available through your Account or in connection with the Services. You are solely responsible for Your Content and you will ensure that Your Content is accurate, complete, and updated. Gloo is not responsible for Your Content, including any errors or omissions in Your Content, any deletion, destruction, damage, or loss of Your Content, or any damage or liability suffered as a result of any use or disclosure of Your Content. We do not have any obligation to review any of Your Content, provided that we may review Your Content and we may remove or refuse to transmit or display any of Your Content that we reasonably believe may violate these Terms, our policies, or applicable law. When you provide or make available Your Content, you agree to obtain for Gloo, and you grant to Gloo, all rights, permissions, and consents necessary for Gloo and its affiliates, contractors, and subprocessors to access, use, provide, store, and process Your Content to manage and provide the Services and for any additional purpose specified in any Additional Agreement. Providing or making available Your Content does not otherwise affect your rights in Your Content.  

12. Gloo Content
Gloo Content is any Content made available through the Services, whether provided by Gloo, any of its providers, or any third party, other than Your Content. As between Gloo and you, Gloo Content is owned by Gloo and its third party providers. Gloo Content is for informational purposes only and Gloo is not responsible for any errors or omissions in any Gloo Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all Gloo Content and for your own use of all Gloo Content. You agree to comply with any additional requirements applicable to any Gloo Content. Subject to those requirements, you may access and use Gloo Content only in the form provided through the Services, solely for your own personal purposes, in connection with your use of those Services, subject to the responsibilities and restrictions specified in this Agreement.

13. Data Protection
While the Gloo Privacy Statement is not a part of this Agreement, all personal information (as defined in Gloo’s Privacy Statement) received or collected from you or regarding your use of the Services is subject to Gloo's Privacy Statement.  

The Gloo information security program applies to all Services and is described in the Gloo Security Statement. 

14. Text Messages & Short Codes
Gloo may provide the opportunity to participate in a text message service to receive notifications and information via text/SMS message (SMS Service). When you sign up or “opt-in” to an SMS Service, you acknowledge and agree that Gloo may send you an SMS message to confirm your sign up.

By opting in to an SMS Service you authorize Gloo to send one-time or recurring SMS messages to the mobile phone number you provided using automated technology. You can cancel the SMS Service at any time by replying "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" for help. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and us to you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

We may use third-party service providers to provide SMS Services. By interacting with an SMS Service, you agree you may be subject to the service provider’s terms and privacy policy. The service provider may process data sent or received through an SMS Service as an independent controller in certain circumstances. For example, Bandwidth is one of our service providers for SMS Services and its processing activities are described in its Privacy Notice, here (as may be updated from time to time).

For all questions about the SMS Services, you can send an email to support@gloo.us. If you have any questions regarding privacy, please read our Privacy Statement.

15. Warranties
Each party warrants and covenants to the other that: (1) it has the legal right and authority to enter into this Agreement; (2) this Agreement forms a binding legal obligation of that party; and (3) it has the legal right and authority to perform its obligations under this Agreement.  

We provide all of the Services using a commercially reasonable level of skill and care and we hope that you will enjoy participating in them. 

You acknowledge that the Services are general purpose online services and are not specifically designed to facilitate compliance with any specific law. You agree that you are solely responsible for determining whether any laws apply to you or your use of or access to the Services. You warrant and covenant to Gloo that your use of and access to the Services will comply with all such laws and all rights of third parties and will not cause Gloo itself to violate any applicable law or third party rights. You further warrant and covenant that your use of and access to the Services will comply with all applicable professional standards (e.g., licensure requirements) and mandatory reporting obligations (e.g., obligations to report certain issues about children, at risk adults or others to law enforcement or others).  

You warrant and covenant to Gloo that you have (or will obtain) all rights, permissions, authorizations and consents necessary to provide Your Content to Gloo for the use of Your Content by Gloo as permitted under this Agreement and/or as needed for the Services. You further warrant and covenant to Gloo that if you collect or obtain Content from or relating to individuals, or from organizations which collect or maintain Content from or relating to individuals, you will provide those individuals with a legally sufficient privacy notice and any legally required notices, permissions, authorizations or consent(s) necessary for your collection, use or sharing of that Content under applicable law.  

16. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THE WARRANTIES SECTION, THE ASSESSMENTS AND SERVICES, AS WELL AS THE OTHER OBLIGATIONS OF GLOO AND ITS PROVIDERS UNDER THIS AGREEMENT, ARE PROVIDED BY GLOO AND ITS PROVIDERS "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS. GLOO AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND COVENANTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS AGREEMENT AND ALL SERVICES AND OTHER OBLIGATIONS HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GLOO DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT REGARDING ANY THIRD PARTY SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLOO OR ITS REPRESENTATIVES WILL CREATE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS UNLESS CONFIRMED IN WRITING BY GLOO AS AN AMENDMENT TO THIS AGREEMENT. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GLOO PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THIS AGREEMENT OR ANY ASSESSMENTS OR OTHER SERVICES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: "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."

Gloo will not be liable to you or any other third party for any Content under any applicable Law, including the Communications Decency Act, 47 U.S.C. § 230.  

17. Indemnity
If a third party brings a claim, allegation, or action against Gloo based on or relating to (1) your access to or use of any Services, (2) Your Content, (3) your breach of this Agreement, any applicable law, or the rights of a third party, or (4) your negligence or willful misconduct, you will in each instance indemnify and hold harmless Gloo from and against such claim, allegation, or action and any losses, damages, demands, expenses, fines, penalties, or other amounts (including reasonable attorneys' fees and court costs) that are due to or arise out of any such claim, allegation, or action. Gloo will use commercially reasonable efforts to notify you of any such claim, allegation, or action. Unless otherwise agreed upon by Gloo in writing, Gloo may elect whether to control the defense and settlement of any such claim, allegation, or action, including mitigation efforts, or to require you to do so.  

18. Limitation of Liability
THE TOTAL CUMULATIVE LIABILITY OF GLOO AND ITS PROVIDERS UNDER THIS AGREEMENT OR RELATING TO ANY OF THE SERVICES, INCLUDING FOR ALL CLAIMS RELATED TO THIS AGREEMENT OR ANY SERVICES, WILL NOT EXCEED THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES UP TO A MAXIMUM OF THE GREATER OF $100 AND THE AMOUNTS (IF ANY) YOU PAID GLOO FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE 3 MONTH PERIOD PRECEDING THE EVENTS INITIALLY GIVING RISE TO SUCH CLAIM, REGARDLESS OF THE BASIS OF THE CLAIM. UNDER NO CIRCUMSTANCES WILL GLOO OR ITS PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY KIND OR NATURE, INCLUDING ANY LOST REVENUE, PROFITS, BUSINESS, DATA, VALUE, GOODWILL, OR SAVINGS. UNDER NO CIRCUMSTANCES WILL GLOO OR ITS PROVIDERS BE LIABLE FOR ANY CLAIMS RELATED TO ANY THIRD PARTY SERVICES. These limitations apply to Gloo and its providers, as well as their respective affiliates, contractors, and subprocessors. These limitations do not apply to damages that cannot be limited under applicable Law. IN ALL CASES, GLOO AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

19. Cancellation and Termination
You may ask Gloo to cancel your Account at any time. If you also wish to cancel your Account, you may contact Gloo at: support@gloo.us (with the subject: “Re: Interactive Services”) to request that your Account be cancelled. Cancellation of your Account will serve as termination of this Agreement. Gloo may terminate this Agreement if you are in materially breach of this Agreement. Gloo may also terminate this Agreement at any time if Gloo discontinues any of the Services. Upon any termination of this Agreement: (1) your rights to your Account and any Services will cease; (2) you will cease use of and access to all Services; (3) any fees or other amounts you owe Gloo or its providers will become due and owing; and (4) you will cease use of and delete any Gloo Content obtained through the Services. Any terms of this Agreement that by their nature extend beyond the termination of this Agreement remain in effect following any termination.  

20. Suspension
Without cancelling your Account or terminating this Agreement, we may suspend and disable access to your Account and any of the Services, with or without notice, upon any actual, threatened, or suspected breach of these Terms or applicable law, or if we reasonably believe your conduct is inappropriate or detrimental to Gloo, any other participant, or any third party. Any suspension will not limit any other right or remedy available to Gloo under this Agreement or applicable law. 

21. Ownership
This Agreement does not grant or provide you with any rights to any assessments or other Services or any of the Technology, other than the limited right to access the Services as specified in this Agreement. All rights (including intellectual property rights) in the Gloo Content, any Services, or any Technology remain owned by Gloo and its providers. These Terms do not grant you any rights in any trademarks or other branding of Gloo or its providers or any trademarks or branding used in connection with any assessment.  

22. Feedback
Providing suggestions, comments, ideas or feedback (Feedback) to Gloo about any assessment or other Service or any other topic is voluntary. By providing Feedback, you irrevocably and perpetually grant to Gloo and its affiliates a worldwide, non-exclusive, fully paid, royalty-free, transferable, sublicensable right and license to utilize the Feedback in any way and for any purpose without any attribution or other obligation to you. Gloo is under no obligation to use any Feedback.  

23. Disputes
“Disputes” are any disputes or claims between you and Gloo arising under or relating in any manner to the Services, this Agreement, or our dealings under this Agreement, including disputes or claims relating to this section. Both parties agree to attempt to resolve all Disputes amicably. 

24. Binding Arbitration 
If any Dispute cannot be amicably resolved within 30 days after either party notifies the other party of a Dispute, the parties agree to resolve the Dispute through a binding arbitration (Arbitration) rather than in court. Any Arbitration will be conducted under the commercial arbitration rules (“Rules”) of Judicial Arbitration and Mediation Services, Inc. (JAMS). Either party may commence an Arbitration by delivering a request to the other party as specified in the Rules. Each Arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on a single arbitrator within 30 days after any request for Arbitration, a neutral arbitrator will be selected as provided in the Rules. Any Arbitration will be conducted exclusively in the English language. If the value of the Dispute is $1,000 or less, either party may decide to have the arbitration conducted via telephone or based solely on written submissions. Such a decision will be binding on both parties, unless the arbitrator decides to require an in-person Arbitration. Any other Arbitration will be held in-person at a site selected by Gloo in Denver, Colorado, U.S.A. The award of the arbitrator in any Arbitration will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrator will require payment of the costs, fees, and expenses incurred by the prevailing party in the Arbitration by the non-prevailing party (including the filing and administrative costs of the Arbitration). Judgment upon an Arbitration award may be entered in any court or governmental body having jurisdiction. Any additional costs, fees or expenses incurred in enforcing an Arbitration award may be charged against the party that resists its enforcement. An arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other customers or users of Gloo or any Services.  

25. Waiver of Collective Action
BOTH PARTIES AGREE THAT EACH OF US ONLY MAY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE, AN ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS IN AN ARBITRATION, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.  

26. Waiver of Jury Trial
The parties desire to avoid the time and expense relating to a jury trial of any Dispute. Accordingly, the parties, for themselves and their successors and assigns, hereby waive trial by jury of any Dispute. The parties acknowledge that this waiver is knowingly, freely, and voluntarily given, is desired by both parties and is in the best interests of both parties.  

27. Injunctive Relief
You agree that the limitations and restrictions in these Terms are necessary and reasonable to protect Gloo, and that monetary damages may not be a sufficient remedy for your breach of these Terms. You therefore agree not to assert, with respect to an action or motion of Gloo for injunctive relief with respect to such breach, that monetary damages would be sufficient remedy for such a breach. In addition to any Arbitration, you agree that Gloo will be entitled to seek temporary and permanent injunctive relief against any threatened violation of such limitations or restrictions or the continuation of any such violation in any court of competent jurisdiction, without having to prove actual damages.

28. Governing Law
The interpretation of this Agreement, any Dispute between the parties, including any Arbitration, will be governed by the Laws of the State of New York, USA, as such Laws apply to contracts between New York residents performed entirely within New York, without regard to its conflict of laws principles. Subject to the Binding Arbitration section above, you will bring any action relating to this Agreement only in the state or federal courts located in Denver, Colorado, USA. You irrevocably submit to the exclusive personal jurisdiction and venue of these courts in any such action or proceeding brought in these courts by Gloo.  

29. Export Restrictions
The Services are subject to U.S. export controls. The Services and Technology may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country subject to U.S. sanctions applicable to the export or re-export of goods; or (2) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or Nonproliferation Sanctions List. By participating in any assessment, using any Services, or accessing your Account, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.

Further, you agree that you are not a person barred from participating in any assessment or accessing or using any technology under the laws of the United States or other countries including the country in which you are resident or from which you use the Services or access or use the technology.

30. Notices
Except where we have indicated in these Terms that you may contact Gloo at support@gloo.us, any notices to Gloo relating to the Services or this Agreement must be in writing sent to Gloo at 831 Pearl Street, Boulder, Colorado 80302, Attn: Interactive Services via (1) personal delivery, (2) overnight courier service (with signature required), or (3) first class U.S. mail (with postage paid, return receipt requested). Notices provided to us will be deemed given when actually received by us. 

Gloo may provide notices to you electronically via your Account, by e-mail or text message to any address or number Gloo has on file for you or, if the notice applies to multiple users of the Services, by providing the notice through the Services. You agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you revoke your consent to receive communications electronically, we may terminate this Agreement and your right to access your Account and use the Services. Notices from Gloo are deemed given 24 hours after we provide such notice through your Account, via e-mail or text or through the Services. 

31. Modifications and Changes
Gloo may modify any assessment or other Service at any time. Gloo may also modify this Agreement at any time. Any modifications to the Services or changes to this Agreement are effective upon notice to you as permitted under these Terms. If you do not approve of any such modifications or changes, you may discontinue your use of any Services or your Account at any time as specified in the Section titled Cancellation and Termination. Your continued access to or use of the Services or your Account following any such modification or change will constitute your acceptance of and agreement with such modification or change. Except as noted in this paragraph, all amendments or modifications to this Agreement must be in writing accepted by both parties.  

32. Relationship
Gloo is an independent contractor, not your agent, joint venturer, partner, or fiduciary. You have no authority to bind Gloo to any obligation or responsibility or to take any action on behalf of Gloo. Gloo is not responsible or liable for any of your obligations under applicable law, including any mandatory reporting obligations.

Any use of the term “partner” or “member” in any communication by or between the parties to describe their relationship is intended solely in the colloquial sense of a valued business relationship, and does not indicate the existence of or an offer to enter into a legal partnership, joint venture, agency, or other relationship involving common ownership or joint and/or several liability.  

33. Force Majeure
Gloo will not be liable for delay, failure or interruption in performance resulting directly or indirectly, in whole or in part, due to any cause or condition beyond Gloo's reasonable control, including acts of God, governmental action, war, terrorism, strikes, boycotts, quarantine, pandemic, labor disputes, fire or other loss of facilities, or accident. Gloo will use commercially reasonable efforts to notify you of any such event.  

34. Additional Terms
This Agreement replaces and supersedes any other agreements or understandings (oral or written) between you and Gloo regarding the assessments and other Services. Our waiver of a breach of any provision of this Agreement will not operate or be interpreted as our waiver of any other or later breach. If any provision of this Agreement is held to be unenforceable under applicable law, the provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise (including through any sale, acquisition, merger, or change of control), without the prior written consent of Gloo. Any assignment in violation of the prior sentence will be null and void. No term of this Agreement will be construed to confer any third-party beneficiary rights on any non-party. All rights and remedies under this Agreement are cumulative with each and every other right and remedy herein or under applicable law. Where approval, acceptance, consent, access, cooperation or similar action by either party is required, such action will not be unreasonably conditioned, delayed or withheld. This Agreement is in the English language only, which language will be controlling in all respects. As used in this Agreement, the words "include," "includes" and "including" means "include," "includes," or "including," in each case, "without limitation." Gloo and its providers may use subcontractors and other resources to enable and support the delivery of the Services, provided that Gloo and its providers remain responsible for their obligations under this Agreement. Except as expressly set forth in this Agreement, you are not granted any licenses or other rights by Gloo or in or to any Services, Technology or Gloo Content.  

35. Copyright Infringement 
If you believe in good faith that your copyrighted work has been reproduced through any Offering without your permission in a way that infringes your copyright, you may notify Gloo's designated copyright agent by mail to: Gloo Platform, Attn: Copyright Infringement Agent, 831 Pearl Street, Boulder, Colorado 80302. Please provide the following information in your notice: (1) the name and a description of your copyrighted work and of the allegedly infringing work; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of your copyrighted work is not authorized by you (or the owner) or by law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature.