PRIVACY, TERMS OF USE AND
LEGAL DISCLAIMER
Legal Disclaimer
This Site has been compiled in good faith solely for the purposes of providing information about the services and products provided by GSC Enterprises, Inc. (“GSC”) and its divisions. No representations are made as to completeness or accuracy of the information, and the information may be incomplete, inaccurate and out of date. GSC reserves the right, at its sole discretion, to change any and all information, including the Terms of Use provided in this Site at any time and for any reason without any prior notice.
Without prior written permission from GSC, any use, reproduction, distribution or broadcast of any information obtained on or from this Site is strictly prohibited. Further, no linking to this Site is allowed without prior written permission from GSC.
You understand and agree that GSC does not guarantee or warrant any information on this Site nor does it insure that the Site is free from viruses or other destructive devices or processes. You further understand and agree that your access and use is your responsibility. You are proceeding at your own risk, and assume and accept all responsibility and liability.
THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GAURANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GSC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FURTHER, GSC DOES NOT WARRANT THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; THAT IT WILL BE RELIABLE, UPDATED OR CORRECTED ON A TIMELY BASIS; THAT THE INFORMATION NOR THIS SITE IS FIT FOR A PARTICULAR PURPOSE; THAT DEFECTS WILL BE CORRECTED; THAT THIS SITE IS FREE FROM VIRUSES OR OTHER DESTRUCTIVE DEVICES OR PROCESSES; OR, THAT YOUR USE OF THE INFORMATION WILL NOT INFRINGE UPON THE RIGHTS OF OTHERS. GSC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY MISTAKES, ERRORS OR OMISSIONS PROVIDED ON OR THROUGH THIS SITE AND IS NOT LIABLE FOR ANY OR ALL COST OF REPAIRS, SERVICE OR OTHER CORRECTION IN THE UNLIKELY EVENT OF DAMAGE ARISING FROM OR THROUGH YOUR USE OF THIS SITE OR ANY OF ITS INFORMATION OR CONTENT.
Terms of Use
All use and access to this Site is governed by and is subject to the terms and conditions set forth herein. You should read these terms carefully and adhere to all terms.
BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND ARE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT CONTINUE TO ACCESS OR USE THIS SITE. THE TERMS OF USE ARE SUBJECT TO CHANGE. YOUR USE OF THIS SITE AFTER CHANGES HAVE BEEN IMPLEMENTED CONSITUTES YOUR ACCEPTANCE OF THE CHANGES. YOU SHOULD CONSULT THE TERMS OF USE REGULARLY. THIS SITE MAY BE MONITORED TO SECURE COMPLIANCE WITH THE TERMS OF USE.
Access to Site
Certain registration and other information may be required to access this Site and some of its resources. You agree that a condition of your use of this Site requires providing true, current, correct and complete information. GSC Enterprises, Inc. reserves the right to modify or terminate the Terms of Use, and to refuse, restrict, deny or discontinue service or access to this Site to any person or entity, for any reason, or for no reason whatsoever, at any time, without any notice or liability. Failure to comply with the Terms of Use may result in the immediate termination of your access and use of this Site.
Use of Submitted Information
You may be required to submit information to this Site in order to access and use this Site. By submitting such information, you hereby expressly grant unto GSC Enterprises, Inc. a royalty-free, worldwide, irrevocable, perpetual, non-exclusive fully-paid right and license to use, modify, amend, reproduce, adapt, publish, translate, and distribute such information, in whole or in part, and to incorporate it into any other works in any form without maintaining the information as confidential except as provided by our Privacy Policy set forth on this Site. GSC encourages you to read and understand our Privacy Policy and practices as further explained in our Privacy Policy.
Security of Information
GSC, as it deems commercially appropriate, necessary and reasonable, takes steps to secure and protect any and all incoming and outgoing information to and from this Site. GSC does not guarantee that these transmissions will be secure. GSC will not be liable for any loss or damages arising out of or resulting from any unauthorized access or use with your password or identification.
Use of Site and Content
Use and access to this Site shall be granted solely for legitimate business purposes. All other use is strictly prohibited. Any alteration, modification, copying, transfer or other use of all or any part of this Site shall be a violation of the terms and shall be strictly prohibited without the prior written permission of GSC Enterprises, Inc. The information provided in this Site is proprietary to GSC Enterprises, Inc. and you shall not change, modify, alter or cause to be removed any proprietary notice, trademark or copyright notation on this Site or on any of its contents. You acknowledge and agree that the information provided on this Site is valuable; proprietary in nature; and, that GSC owns this proprietary information. It is further agreed that you obtain no ownership interest in this proprietary information by your use of this Site or any of its contents.
Prohibited Use of Site
You and any one authorized by you to access or use this Site shall be responsible for compliance with all applicable laws and regulations relevant to your jurisdiction as well as the requirements of this Site. You further agree that neither you nor any one that you authorize will:
*Post any material on this Site.
*Restrict or prevent any other user from using or accessing the Site.
*Alter, tamper, modify or change the content on this Site.
*Support or otherwise advocate illegal actions or conduct that would lead to criminal action, including discussion of any intent to commit an illegal act.
*Support or otherwise advocate conduct that could give rise to civil liability or that could violate any law.
*Use, transmit or post any vulgar, pornographic, indecent or obscene language, text, signs, symbols or any other means of communications, or threatens, abuses or harasses others, slanders, libels, defames, invades the privacy or in any way infringes upon the rights of others.
*Seek to exploit children by exposing them to any inappropriate content or requesting any personal information.
*Falsely identify yourself or the party that you represent.
*Post, transmit or otherwise submit any solicitations, advertisements, chain letters, investment schemes or “opportunities”, pyramid schemes, unsolicited communications, spamming, flooding or any other action that hampers use or service of this Site.
*Post, transmit or otherwise submit any information or software containing a virus, worm, Trojan horse, or any other code, file or program that interferes, disables, effects, destroys, harms or limits the functionality of any computer.
*Infringes upon any intellectual or proprietary information or rights.
*Post, transmit or otherwise submit any information which contains links to others that are in violation to any provision above.
You acknowledge and agree that GSC Enterprises, Inc., and all its divisions, assumes no liability for the use, contents or access to this Site.
Links to Site
You acknowledge and agree that any links to this Site must first be approved in writing from GSC Enterprises, Inc. You further agree and understand that any links from this Site are not under the control, and are not endorsed by GSC Enterprises, Inc. You also agree that GSC Enterprises, Inc. is not responsible for the accuracy, completeness or availability of any other Site, or its products or services.
Limitation of Liability
IN NO EVENT SHALL GSC ENTERPRISES, INC., NOR ANY OF ITS DIVISIONS, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, PROVIDERS, SUPPLIERS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ANYONE SIMILARLY SITUATED, BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY THAT IS INCIDENTAL, DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR OTHERWISE, WHETHER KNOWN OR UNFORESEEN, REGARDLESS OF THE CAUSE OR FORM OF ACTION, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, LOST OPPORTUNITY COSTS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, LOSS OF GOODWILL, LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, REGARDLESS OF WHETHER GSC KNEW OR SHOULD HAVE KNOWN OF SUCH POSSIBLE DAMAGES OR COSTS. IF GSC ENTERPRISES, INC., ANY OF ITS DIVISIONS, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, PROVIDERS, SUPPLIERS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ANYONE SIMILARLY SITUATED IS FOUND LIABLE AS A RESULT OF ANY CLAIM OR OTHER MATTER ARISING FROM, THROUGH OR AS A RESULT OF ACCESS OR USE OF THIS SITE OR ANY OF ITS INFORMATION OR CONTENT, THEN THE CUMULATIVE, AGGREGATE AND MAXIMUM LIABLILITY SHALL NOT EXCEED $250.00.
Indemnification
You agree to defend, indemnify and hold harmless GSC ENTERPRISES, INC., ALL OF ITS DIVISIONS, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, PROVIDERS, SUPPLIERS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ANYONE SIMILARLY SITUATED, (the “indemnified parties”) from all claims, demands, suits or other judicial or administrative proceedings and from all resulting loss, damage, liability, cost, fees, or expenses, including attorney’s fees, arising from or out of your access or use of this Site or any information or content from this Site, your violation of the terms of use or violation of any rights of others. GSC reserves and you grant the right to GSC to select its counsel and to defend and control any matter subject to indemnification by you.
Juristiction and Venue
The Terms of Use and all other aspects of this Site shall be governed by and interpreted pursuant to the laws of the State of Texas, without regard to conflicts of law principles or rules. By accessing or using this Site or any information or contents from this Site, you consent to personal jurisdiction in Texas relating to any dispute between you and GSC. You further agree that the exclusive venue for any dispute between you and GSC shall be in Hopkins County to which you hereby consent and waive any claim that venue is improper for any reason.
Entirety of Contract
These Terms of Use and any privacy policy relating to this Site along with any and all amendments, modifications or changes constitute the entire agreement with respect to your access and use of the Site, its contents, its information, or the subject matter thereof. GSC reserves the right to revise the terms and/or this Site at any time for any reason, or for no reason at all. The accessing or using of this Site will not supersede any separate written agreement between you and GSC, but shall be deemed in addition to any such other agreement between you and GSC. This agreement shall be binding upon and inure to the benefit of you and GSC and their respective heirs, successors and assigns. If any provision is held to be unlawful, illegal, void, invalid, or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable and it will not affect the validity or enforceability of any other provision.
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