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Terms of Use
AGREEMENT BETWEEN USER AND GPS Inc.
The GPS Inc. Web Site is comprised of various Web pages operated by GPS Inc.
The GPS Inc. Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the GPS Inc. Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
GPS Inc. reserves the right to change the terms, conditions, and notices
under which the GPS Inc. Web Site is offered, including but not limited
to the charges associated with the use of the GPS Inc. Web Site.
LINKS TO THIRD PARTY SITES
The GPS Inc. Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of GPS Inc. and GPS
Inc. is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. GPS Inc. is not responsible for webcasting
or any other form of transmission received from any Linked Site. GPS
Inc. is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by GPS Inc. of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GPS Inc. Web Site, you warrant to GPS
Inc. that you will not use the GPS Inc. Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the GPS Inc. Web Site in any manner which could damage,
disable, overburden, or impair the GPS Inc. Web Site or interfere with
any other party's use and enjoyment of the GPS Inc. Web Site. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the GPS
Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The GPS Inc. Web Site 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 material 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, 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.
GPS Inc. has no obligation to monitor the Communication Services.
However, GPS Inc. reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. GPS Inc. reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any
reason whatsoever.
GPS Inc. 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 GPS Inc.'s sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. GPS Inc. does not control or endorse the content, messages or
information found in any Communication Service and, therefore, GPS Inc.
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 GPS Inc.
spokespersons, and their views do not necessarily reflect those of GPS
Inc..
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.
MATERIALS PROVIDED TO GPS Inc. OR POSTED AT ANY GPS Inc. WEB SITE
GPS Inc. does not claim ownership of the materials you provide to GPS
Inc. (including feedback and suggestions) or post, upload, input or
submit to any GPS Inc. Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting GPS Inc., its affiliated
companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. GPS Inc. is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
GPS Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE GPS Inc. WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. GPS Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE GPS Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
GPS Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GPS Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE GPS Inc. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. GPS Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GPS
Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE GPS Inc. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GPS Inc.
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE GPS Inc. WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE GPS Inc. WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GPS
Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE GPS Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GPS Inc. WEB
SITE.
SERVICE CONTACT : info@gpsincorporated.com
TERMINATION/ACCESS RESTRICTION
GPS Inc. reserves the right, in its sole discretion, to terminate your
access to the GPS Inc. Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the GPS Inc. Web Site. Use of
the GPS Inc. Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
GPS Inc. as a result of this agreement or use of the GPS Inc. Web Site.
GPS Inc.'s performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of GPS Inc.'s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the GPS
Inc. Web Site or information provided to or gathered by GPS Inc. with
respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and GPS Inc.
with respect to the GPS Inc. Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and GPS Inc. with respect to the GPS Inc.
Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the GPS Inc. Web Site are: Copyright - GPS Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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