PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY. BY
ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use
("Site Terms") apply to your use of this website (the
"Site"), and do not alter in any way the terms or conditions of any
other agreement you may have with GMR Protection Resources, Inc. (“GMR”). By using this Site, you represent and warrant
that you are of legal age and capacity and are lawfully able to accept these
Site Terms. If you are using the Site on
behalf of any entity, you further represent and warrant that you are authorized
to accept these Site Terms on such entity's behalf, and that such entity agrees
to indemnify GMR for violations of these Site Terms.
Ownership of the Site and its Contents
Site is owned by GMR. Unless otherwise
indicated, all of the content featured or displayed on this Site, including,
but not limited to, text, graphics, data, photographic images, moving images,
sound, illustrations, software, and the selection and arrangement thereof
("GMR Content"), is owned by GMR or its licensors. To the extent an item featured or displayed
is legally owned by another party, GMR does not claim ownership.
All elements of the Site, including
the GMR Content, are protected by copyright, trade dress, moral rights,
trademark and other laws relating to the protection of intellectual property.
Use of the Site
Site and the GMR Content are intended for customers of GMR and their
designees. You may not use this Site or
the GMR Content for any purpose not related to your business with GMR. You are specifically prohibited from: (a)
downloading, copying, or re-transmitting any or all of the Site or the GMR
Content without, or in violation of, a written license or agreement with GMR or
a GMR customer; (b) accessing or downloading any information beyond the limited
information that is necessary to complete your assigned responsibility for a
GMR customer; (c) using any data mining, robots or similar data gathering or
extraction methods; (d) manipulating or otherwise displaying the Site or the
GMR Content by using framing or similar navigational technology; (e)
registering, subscribing, unsubscribing, or attempting to register, subscribe,
or unsubscribe any party for any GMR product or service if you are not
expressly authorized by such party to do so; (f) using the Site or the GMR
Content other than for its intended purpose; (g) creating derivative works or
making improvements upon the site or GMR Content; and/or (h) using the site or
GMR Content in competition with GMR.
must also adhere to confidentiality and non-disclosure restrictions in any
agreement between you or your company, on the one hand, and with GMR or a GMR
customer, on the other hand. In the
absence of such an agreement, you hereby agree to keep strictly confidential
all GMR Content viewed or obtained from this Site and to at all times safeguard
such information from further disclosure or access.
or copying of material from this website does not constitute a license,
assignment, or acquisition of any intellectual property rights.
use may also violate applicable laws including without limitation copyright and
trademark laws, the laws of privacy and publicity, and applicable
communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws
and regulations, including, without limitation, those relating to the Internet,
data, e-mail, privacy, and the transmission of technical data exported from the
or the country in which you reside.
All users are required to have an
authorized user name and password. Each
authorized user must have his/her own user name and password. Sharing of user names and passwords is not
Registration and Account Security
consideration of your use of the Site, you agree to: (a) provide accurate,
current and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain
and promptly update the Registration Data, and any other information you
provide to GMR, to keep it accurate, current and complete; (c) maintain the
security of your password and identification; (d) notify GMR immediately of any
unauthorized use of your account or other breach of security; (e) accept all
responsibility for any and all activities that occur under your account; and
(f) accept all risks of unauthorized access to the Registration Data and any
other information you provide to GMR.
Copyright Infringement Policy
reserves the right, in appropriate circumstances and at GMR’s sole discretion,
to terminate account holders who infringe the intellectual property rights of
GMR or any third party.
you believe that any material on the Site infringes upon any copyright that you
own or control, you may file a notification of such infringement with our
Designated Agent as set forth below:
GMR Protection Resources, Inc.
P.O. Box 645
Phone: (972) 772-1264
Fax: (972) 722-4748
marks, logos, and any other product or service name or slogan contained in the
Site are service marks of GMR and its suppliers, customers, or licensors, and
may not be copied, imitated or used, in whole or in part, without the prior
written permission of GMR or the applicable mark holder.
may not use metatags or any other "hidden text" utilizing
"GMR" or any other name, trademark or product or service name of GMR
without our prior written permission. In
addition, the look and feel of the Site, including all page headers, custom
graphics, button icons and scripts, is the service mark, trademark and/or trade
dress of GMR and may not be copied, imitated or used, in whole or in part,
without our prior written permission. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the Site are
the property of their respective owners.
Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof by us.
may not use a GMR logo or other proprietary graphic of GMR to link to this Site
without the express written permission of GMR.
Further, you may not frame any GMR trademark, logo or other proprietary
information, including the GMR Content, without GMR’s express written consent.
GMR makes no claim or representation
regarding, and accepts no responsibility for, directly or indirectly, the
quality, content, nature or reliability of third-party websites accessible by
hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of GMR
and GMR is not responsible for the contents of any linked site or any link
contained in a linked site, or any review, changes or updates to such sites.
GMR provides these links, if any, to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement or adoption by
GMR of any site or any information contained therein. When you leave the Site,
you should be aware that our terms and policies no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Site.
Your participation, correspondence or
business dealings with any third party found on or through the Site, regarding
the payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such third party. You agree that GMR shall not be responsible or liable for any
loss, damage or other matters of any sort incurred as the result of any such
agree to defend, indemnify and hold harmless GMR, its subsidiaries, affiliates,
licensors, employees, agents, third party information providers and independent
contractors against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of or
related to any User Content that you post, store or otherwise transmit on or
through the Site, your conduct, your use or inability to use the Site, your
breach or alleged breach of the Site Terms or of any representation or warranty
contained herein, your unauthorized use of the GMR Content, or your violation
of any rights of another.
SITE AND THE GMR CONTENT ARE PROVIDED "AS IS" AND GMR AND ITS
DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, course of
dealing, performance, usage, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE. GMR WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE GMR CONTENT, OR
THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS
OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT
GMR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
DUE TO YOUR USE OF THIS SITE OR THE GMR CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE GMR
CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS
CONTAMINATING OR DESTRUCTIVE PROPERTIES.
GMR uses reasonable efforts to ensure
the accuracy, correctness and reliability of the GMR Content, but we make no
representations or warranties as to the GMR Content's accuracy, correctness or
reliability. With respect to data
concerning light measurements, you acknowledge that such data is from “point in
time” measurements, and the accuracy of such data may be affected by
atmospheric or weather conditions, light or conditions from adjacent premises,
equipment variations, or other factors.
GMR offers a search feature within
the Site. GMR explicitly disclaims any
responsibility for the content or availability of information contained in our
search index or directory. GMR also disclaims
any responsibility for the completeness or accuracy of any directory or search
Some US states and foreign countries do
not permit the exclusion or limitation of implied warranties or liability for
certain categories of damages.
Therefore, some or all of the limitations above may not apply to you to
the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
NO EVENT SHALL GMR, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SITE, THE SERVICES, THE GMR CONTENT OR THE MATERIALS
CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY
DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED
FROM GMR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GMR’S
RECORDS, PROGRAMS OR SERVICES. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF GMR, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE
SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GMR FOR ACCESS TO OR USE OF
Applicable Law and Venue
dispute relating in any way to your use of the Site or the GMR Content shall be
submitted to the state or federal court covering Rockwall, Texas,
and you consent to personal jurisdiction and exclusive venue in such courts.
any of these Site Terms, GMR reserves the right, without notice and in its sole
discretion, to terminate your account and/or to block your use of the Site.
waiver of any provision of the Site Terms will be effective only if in writing
and signed by GMR. If any clause in these
Site Terms is found to be unenforceable, wherever possible this will not affect
any other clause and each will remain in full force and effect. Any rights not
expressly granted herein are reserved.
Changes to Site Terms
reserves the right to change any of the terms and conditions contained in the
Site Terms or any policy or guideline of the Site, at any time and in its sole
discretion. When we make changes, we
will revise the "last updated" date at the top of the Site
Terms. Any changes will be effective
immediately upon posting on the Site. Your continued use of the Site following
the posting of changes will constitute your acceptance of such changes. We
encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
or comments about the Site or Site Terms may be directed to GMR by calling
2009 GMR Protection Resources, Inc. All
rights reserved. Terms and Conditions of