EFFECTIVE DATE: January 3, 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS; AND
- YOU ARE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
By using the Site, you are electronically signing these Site Terms. You understand and agree that your electronic signature is the legal equivalent of your manual signature.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
1. When do these Terms apply?
Certain features of the Site may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using the features to which the additional terms relate. These Terms and the additional terms will apply equally. If any additional term is inconsistent with any provision of these Terms, the additional term will prevail but solely to the extent of that inconsistency.
2. Will these Terms ever change?
The Effective Date of these Terms is set forth at the beginning. As we add new features to the Site, we may revise or supplement these Terms. We will provide you with at least 10 days’ advance notice of any revision to these Terms that we believe is material by posting a notice in the Site, sending you an email or by some other means that we believe will notify you. We will not make revisions that have a retroactive legal effect unless we are legally required to do so or to protect other users of the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.
3. What about my privacy?
4. What are the basics of using the Site?
The Site is not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. By accessing, using and/or submitting information to or through the Site, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the Site under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are using the Site on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and such person agrees to be responsible to us if you, she or he violates these Terms.
If you agree to these Terms, then Global grants you a limited, non-exclusive, and nontransferable license to download, install and/or use the Site and the Content (see Section 5) for your personal, non-commercial use on your own computer, mobile device or tablet (the “Device”). Other than as expressly authorized by Global, you may not use the Site for the commercial benefit of any third party.
In order to access and use them, certain features of the Site (such as your ability to access your Schedule K-1 information if you own Global common units) may require you to have a user name or password (an “Account”). If you choose login credentials for your Account, then please do not select as your login credentials a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. Please do not share your Account or password with anyone. You are responsible for the security of your Account and any activity associated with your Account. You are responsible for keeping the information associated with your Account up to date. Please notify us if you discover or otherwise suspect that the security of your Account is compromised.
You must use the Site in compliance with all laws that apply to you. If your use of the Site is prohibited by applicable laws, then you are not authorized to use the Site. We cannot and will not be responsible for your use of the Site in a way that breaks the law.
You represent, warrant and agree that you will not use the Site to do any of the following:
- Infringe or violate the intellectual property or other rights of any person or entity (including Global);
- Violate any law;
- Do any act that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
- Jeopardize the security of your or anyone else’s Account (such as allowing someone else to log in to the Site as you);
- Attempt in any manner to obtain the Account or other security information from any other user;
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security protection or access management feature in the Site or otherwise attempt to gain unauthorized access to the Site or Global’s computer systems or networks;
- Run any bot or process that runs or is activated while you are not logged into the Site or that otherwise interferes with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure);
- Crawl, scrape, index or extract web data from any part of the Site or one of Global’s other digital properties;
- Use the Site to send unsolicited messages or advertisements;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any feature or functionality of the Site (including through time-sharing, use of service bureau or by otherwise making the Site available on a network on which it is accessible by more than one Device at any time);
- Transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware or any other program that may be harmful or dangerous, whether accidentally or intentionally;
- Reformat or frame any portion of the Site without Global’s prior written consent;
- Collect or store personal information about or of any other user without his or her express prior written consent or otherwise invade his or her privacy; and
- Decompile, reverse engineer, decode or otherwise attempt to derive or obtain the source code or underlying ideas or information of or relating to the Site (unless applicable laws specifically prohibits this restriction).
We can terminate your right to use the Site if you violate any of the above rules.
You are responsible for the Device and internet services that you need to access and use the Site. You are responsible for any and all message, data and other fees related to use of the Site through your Device.
5. What are my rights in the Site?
The materials displayed or performed or available on or through the Site, including information, text, graphics, data, photos, images, illustrations, User Information (defined in Section 6) and Linked Sites (defined in Section 8) (collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates the rights of another person or entity (including Global). You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notice contained in the Site.
You agree not to copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in Section 4), create derivative works based on or otherwise exploit any of the Content or Site.
You understand that Global owns the Site. We license (but do not sell) the Site to you.
6. Am I required to grant a license or other rights to Global or to other users?
If you share User Information or provide us (in a direct email or otherwise) with any feedback, suggestion, improvement enhancement and/or comment relating to the Site (each of the foregoing, a “Submission”), then you grant Global the license above, as well as a license to display, perform and distribute your Submission for the purpose of making your Submission accessible to all users. You also grant us all other rights necessary to use and exercise all rights in your Submission in connection with Global’s business. And, you grant all other users of the Site a license to access that Submission and to use the Site and to exercise all rights in it, as permitted by the functionality of the Site. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable and worldwide.
Global encourages you to use caution when you publicly disclose any personal information in a Submission or otherwise through the Site because other people may see and use your personal information in unforeseen ways.
7. Who is responsible for what I see through the Site?
Any Content you receive through the Site is provided “AS IS.” We are not liable for errors or omissions in Content or for any damage or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for Content.
You are responsible for all User Information and Submissions that you provide to Global and you represent and warrant that you have all rights necessary to grant us the rights that you grant us by these Terms.
8. What about other websites and services that are linked to the Site?
The Site may contain links to third-party websites. These links are provided for convenience and informational purposes and are not controlled by Global, nor is the content monitored by Global. While we try to link to websites that share our high standards and respect for personal privacy, Global is not responsible for the content or the privacy practices of any third party. Use of any linked third-party website that you access through the Site is at your own risk.
9. Will Global ever change the Site?
We are always trying to improve the Site, so it may change over time. We may suspend or discontinue any part of the Site or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Site. We reserve the right to remove any Content or User Information from the Site in our sole discretion and without notice.
10. What if I want to stop using the Site?
You may stop using the Site at any time for any reason.
Global reserves the right immediately to suspend or terminate your access to the Site without notice if Global believes you have violated these Terms. Global reserves the right to notify other users about the termination of your access to the Site. Global has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
We will try to provide advance notice to you prior to our terminating your access to the Site so that you are able to retrieve any important User Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of Global.
Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination. By way of example, all of the following provisions will survive termination: any limitation on our liability, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us.
11. What else do I need to know?
Warranty Disclaimer. Neither Global nor its licensors or suppliers make any representations or warranties concerning any content of or accessed through the Site. We are not responsible or liable for the accuracy, copyright compliance or decency of Content contained in or accessed through the Site. THE SITE AND CONTENT ARE PROVIDED BY GLOBAL (AND ITS LICENSORS AND SUPPLIERS) “AS IS,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GLOBAL AND ITS REPRESENTATIVES, AGENTS AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (THE “GLOBAL PARTIES”) ARE AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE GLOBAL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE GLOBAL PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Global would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
Governing Law; Dispute Resolution. These Site Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts, USA in all disputes (a) arising out of, relating to, or concerning the Site and/or these Terms, (b) in which the Site and/or Terms are at issue or a material fact, or (c) in which the Site and/or Terms are referenced in a filing with a court, tribunal, agency or other dispute resolution organization.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GLOBAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification. You agree to defend, indemnify and hold harmless the Global Parties from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against any of them by any third party arising out of or related to your violation of these Terms or use of the Site. Global reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Global may be made without Global’s prior written approval.
Global agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Site in compliance with these Terms infringes a third party’s U.S. patent, copyright or trademark right.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without Global’s prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.
U.S. Government Rights. The Site is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Site as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
Miscellaneous Legal Site Terms. You are responsible for paying, withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site (if any). The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Global agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Global and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If Global is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls. You and Global agree that there are no third-party beneficiaries intended under these Terms.
Trademarks. The trademarks, service marks and logos used by and displayed on the Site (each, a “Trademark” and collectively, the “Trademarks”) are registered and unregistered trademarks of Global and others. No use of, or anything displayed on, the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such Trademark without the prior written permission of the Trademark owner. Global aggressively enforces its intellectual property rights to the fullest extent of the law. The Global Partners LP name and the names of its subsidiaries may not be used in any way, including in advertising or publicity pertaining to the Site and/or distribution of Content, without prior written permission from Global. Global prohibits use of any links to the Site or Content unless establishment of such a link is approved in advance by Global in writing. Fair use of Global’s Trademarks requires proper acknowledgment. Other product and company names mentioned in the Site may be the Trademarks of their respective owners and should not be used without the permission of their respective owners.
Copyright Policy. If you are a copyright owner and you believe your work has been copied and used improperly on the Site, please contact our copyright agent using the contact information below. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement in the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Please contact us at:
Legal Department – Attn: Copyright Agent
Global Partners LP
800 South Street, Suite 500
Waltham, MA 02453
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site are infringing, we suggest that you contact an attorney prior to sending notice.
No Investment Advice. No materials presented within the Site should be regarded as investment advice. Global does not offer to sell or solicit offers to buy securities through the Site. If you are interested in purchasing securities in Global, it is recommended that you contact a licensed investment advisor and review all SEC submitted documents, such as 10-Ks and 10-Qs, before making a purchase of any securities. Data and information is provided for informational purposes only, and is not intended for trading purposes.
QUESTIONS ABOUT THESE TERMS?
If you have any questions, comments or concerns regarding these Terms or the Site, please contact us: