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GMR PROTECTION RESOURCES, INC. WEBSITE TERMS AND CONDITIONS OF USE

 

Last Updated: June 2009

 

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

This 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

This 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. 

 

You 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.  

 

Downloading or copying of material from this website does not constitute a license, assignment, or acquisition of any intellectual property rights. 

 

Unauthorized 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 United States or the country in which you reside.

 

Password Access

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 allowed.

 

Registration and Account Security

In 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

GMR 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.

 

Copyright Complaints

If 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.     

Legal Department
P.O. Box 645

Rockwall, TX 75087
Phone: (972) 772-1264
Fax: (972) 722-4748

Trademarks

 

Service 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. 

 

You 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.

 

Links

You 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 dealings.

 

Indemnification

You 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.

 

Disclaimer

THIS 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 result.

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

IN 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 THE SITE.

 

Applicable Law and Venue

Any 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.

 

Termination

Notwithstanding 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.

 

Miscellaneous Provisions

Any 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

GMR 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

Questions or comments about the Site or Site Terms may be directed to GMR by calling (972) 771-6038.

 

© 2009 GMR Protection Resources, Inc.  All rights reserved.  Terms and Conditions of Use.

 

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