Gayle Martz Inc. (“Company” or “we”) maintains this web site (“Site”) for personal use, information, sales and communication. Before downloading, accessing, or using any part of this Site, any user of this Site (“you” or “User”) should read the following terms and conditions (“Terms”) carefully, as they govern your access to and use of the Site and any programs, services, products, materials, or information available herein or used in connection herewith (collectively, the “Services”).
1. — USER OBLIGATIONS. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. You are responsible for maintaining the confidentiality of any account number, account name, user ID and/or password, if applicable, for the Services you utilize through the Site. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Site. We reserve the right to prohibit or terminate use of or access to this Site at any time, without notice, for any reason whatsoever.
2. LICENSE GRANT. These Terms provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of these Terms. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
3. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on this site in any manner not expressly permitted herein. Moreover, you may not:
- use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another User(s), or any other systems or networks connected to this Site or to any server used by us or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site;
- reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks or any systems or networks connected to the Site;
- use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site;
- forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Site; or
- use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us.
4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. PROPRIETARY RIGHTS. These Terms provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that we transfer no ownership or intellectual property interest to or title in this Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by us, our successors and assigns, and/or our licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, we do not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright © 2013 Gayle Martz, Inc. All rights reserved. Company and/or its licensors also own a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any downloadable or printable programs, directories, databases, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company and/or its licensors. All names, logos, and icons identifying Company or our affiliates and our or their programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein or used on the Site may be the trademarks and/or service marks of their respective owners.
6. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; LINKS TO THIRD PARTY SITES. Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of these Terms by this reference. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering online access to our programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. Our obligations, if any, with respect to our services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements. We make no warranties or representations whatsoever regarding any other web site that you may access through this Site. When you access any third party web site, please understand that it is independent from this Site, and that we have no control over the content on that web site. In addition, a link to a third party web site does not mean that we endorse or accept any responsibility for the content, or the use, of such third party web site.
8. DISCLAIMER. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING — USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. WE ALSO MAKE NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
9. LIMITATION OF LIABILITY. You expressly absolve and release us and our affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO — USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECA– USE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO — USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
10. INDEMNITY. You agree to defend, indemnify, and hold harmless us and our affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
11. GOVERNING LAW. These Terms make up the entire agreement between you and us relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws of the State of California, without regard to its conflict of law principles, will govern these Terms.
12. UPDATES. We may at any time revise these Terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.