Terms of Use

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Terms & Conditions Copyright Trademarks Site Usage Disclaimer & Limitation of Liability Indemnification and Reservation of Rights Dealings with Third Parties External Links Miscellaneous

Terms & Conditions

This Agreement sets forth the terms and conditions that govern your access and use of the GizmoPlus.com website and related Internet media properties owned and operated by Gizmo Plus Corporation (GPC), which will be collectively termed to as the "Site". PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. THIS AGREEMENT MAY BE MODIFIED BY THE OPERATORS OF THE SITE AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Copyright

© 2006 GizmoPlus.com, Inc. All rights reserved. Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are GPC, its affiliates and subsidiaries or other third party licensors. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant GPC a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to GPC by all means and in any media now known or hereafter developed. You also grant to GPC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against GPC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to GPC.

Trademarks

GizmoPlus.com, and/or any other names of GPC, publications, products, services, and contents referenced herein or on the Site are the exclusive trademarks of GPC. Any use of these trademarks are strictly prohibited without the express permission from GPC. These trademarks may not be used in connection with any product or service that is not provided by the Site, in any manner that is likely to cause confusion, or in any manner that disparages or discredits GPC. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

Site Usage

You understand that, except for information, products or services clearly identified as being supplied by GPC, GPC does not operate, control or endorse any information, products or services on the Internet in any way. Except for GPC identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with GPC. You also understand that GPC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. GPC offers a search feature within the Site. GPC explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. GPC also disclaims any responsibility for the completeness or accuracy of any directory or search result. In connection with your use of the Site, you agree you will not: Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity Impersonate any person or entity, including but not limited to, an GPC official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) Post or transmit any Material that contains a virus or corrupted data Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise Violate any applicable local, state, national or international law Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party Delete or revise any Material posted by any other person or entity Manipulate or otherwise display the Site by using framing or similar navigational technology Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any GPC product or service if you are not expressly authorized by such party to do so YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. GPC PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND GPC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. GPC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Disclaimer & Limitation of Liability

IN NO EVENT WILL GPC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF GPC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GPC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification and Reservation of Rights

You agree to indemnify, defend and hold harmless GPC, its officers, directors, employees, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site. GPC reserves the right to release current or past member or website user information if GPC believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if GPC deems it necessary and/or appropriate.

Dealings with Third Parties

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 GPC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

External Links

The Site may provide, or third-parties may provide, links to non-GPC Internet web sites or resources. Because GPC has no control over such sites and resources, you acknowledge and agree that GPC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GPC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Miscellaneous

Transactions between you and the Site and/or GPC shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and GPC shall be brought in the state or federal courts located in Duval County, Florida and the customer hereby agrees and submits to such jurisdiction and venue as proper. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any rights not expressly granted herein are reserved.