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Introduction
Welcome to the Internet Site of the G&H Internet Consulting
("G&H"). This site is operated by G&H Internet
Consulting (referred to herein as "we," "us,"
or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. By using the G&H Site, you signify your
agreement to these terms of use. If you do not agree to these
terms of use, please do not use the G&H Site. We reserve
the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of this G&H
Site following the posting of changes to these terms will mean
you accept those changes.
Restrictions on use of Materials
All materials contained in any G&H Site are the copyrighted
property of G&H Internet Consulting, or its subsidiaries
or affiliated companies and/or third-party licensors. All trademarks,
service marks, and trade names are proprietary to G&H Internet
Consutling, or its affiliates. No material from any G&H
Site or any Internet site owned, operated, licensed, or controlled
by us or our affiliates may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single
computer for your personal, noncommercial home use only, provided
that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii)
you do not use the materials in a manner that suggests an association
with any of our products, services, or brands, and (iv) you
do not download quantities of materials to a database that can
be used to avoid future downloads from any G&H Site. For
purposes of these terms, the use of any such material on any
other Web site or computer environment is prohibited. All trademarks,
service marks, trade names, and trade dress are proprietary
to us.
In the event you download software from any G&H Site, the
software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by us or third-party
licensors for your personal, noncommercial home use only. We
do not transfer title to the Software to you. You own the medium
on which the Software is recorded, but we (or third-party licensors)
retain full and complete title to the Software and all intellectual
property rights therein. You may not redistribute, sell, de-compile,
reverse engineer, disassemble, or otherwise reduce the Software
to a human-readable form.
Forums and Public Communication
"Forum" means a chat area, message board, or e-mail
function offered as part of any G&H Site. If you participate
in any Forum within a G&H Site, you must not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities
with the intent to commit them;
- post or distribute any material that infringes and/or violates
any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous, or
indecent language or images;
- advertise or sell to or solicit others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials that
contain a virus or other harmful component; or
- post material or make statements that do not generally pertain
to the designated topic or theme of any chat room or bulletin
board.
It is our policy to respect the privacy of all customers. Therefore,
in addition to the privacy of Registration data (see our Privacy
Policy), we will not monitor, edit, or disclose the contents
of a customer's e-mail unless (a) you authorize us to do so,
(b) we must do so in order to resolve technical problems on
any G&H Site; or (c) unless required to do so by law or
in the good-faith belief that such action is necessary to: (1)
comply with the law or comply with legal process served on us;
(2) protect and defend our rights or property; or (3) act in
an emergency to protect the safety of our customers or the public.
Customers shall remain solely responsible for the content of
their messages.
We reserve the right to remove or edit content from any Forum
at any time and for any reason.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of
such materials expressly granted) us a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display,
create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition,
you warrant that all so-called "moral rights" in those
materials have been waived.
When participating in a Forum, never assume that people are
who they say they are, know what they say they know, or are
affiliated with whom they say they are affiliated with in any
chat room, message board, or other user- generated content area.
Information obtained in a Forum may not be reliable, and it
is not a good idea to trade or make any investment decisions
based solely or largely on information you cannot confirm. We
cannot be responsible for the content or accuracy of any information,
and shall not be responsible for any trading or investment decisions
made based on such information.
Content Linked to Any G&H Site
Please exercise discretion while browsing the Internet using
any G&H Site. You should be aware that when you are on a
G&H Site, you could be directed to other sites that are
beyond our control. There are links to other sites from G&H
pages that take you outside of our service. This includes links
from advertisers, sponsors, and content partners that may use
our logo(s) as part of a co-branding agreement. These other
sites may send their own cookies to users, collect data, solicit
personal information, or contain information that you may find
inappropriate or offensive. In addition, advertisers on G&H
Sites may send cookies to users that we do not control.
We reserve the right to disable links from third-party sites
to any G&H Site.
We make no representations concerning the content of sites
listed in any of our directories. Consequently, we cannot be
held responsible for the accuracy, relevancy, copyright compliance,
legality, or decency of material contained in sites linked to
a G&H Site.
Please keep in mind that whenever you give out personal information
online --- for example, via message boards or chat --- that
information can be collected and used by people you don't know.
While G&H strives to protect your personal information and
privacy, we cannot guarantee the security of any information
you disclose online; you make such disclosures at your own risk.
Disclaimer
THE MATERIALS IN THIS G&H SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY G&H SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY G&H
SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON ANY G&H SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from any G&H Site. We cannot ensure that you
will be satisfied with any products or services that you purchase
from a third-party site that links to or from any G&H Site
or third-party content on our sites. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the
accuracy or reliability of, any of the information contained
in such third-party sites or content. We do not make any representations
or warranties as to the security of any information (including,
without limitation, credit card and other personal information)
you might be requested to give any third-party, and you hereby
irrevocably waive any claim against us with respect to such
sites and third-party content. We strongly encourage you to
make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any of these third parties.
Credit Cards
G&H takes the issue of your privacy seriously. We provide
your credit card number, billing and shipping information to
participating merchants from whom you buy goods or services.
The merchants are solely responsible for how they use that information
and any other information they independently acquire from you
or about you. Otherwise, we do not share your credit card information
with anyone else. For more information, please read our Privacy
Policy.
Indemnification
You are entirely responsible for maintaining the confidentiality
of your Password and account and for all activities that occur
under your account. You hereby indemnify, defend, and hold us
and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensors, and licensees
(collectively, the "Indemnified Parties") harmless
from and against any and all liabilities and costs (including
reasonable attorneys' fees') incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you
of this Agreement or claims arising from your account. You shall
use your best efforts to cooperate with us in the defense of
any claim. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject
to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, ANY G&H SITE OR MATERIALS OR FUNCTIONS
ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING ANY G&H SITE.
Jurisdictional Issues
Unless otherwise specified, the materials in any G&H Site
are presented solely for the purpose of promoting programs,
packages, and other products or services available in the United
States and its territories, possessions, and protectorates.
The G&H Site is controlled and operated by G&H Internet
Consulting from its offices in California. We make no representation
that materials on any G&H Site are appropriate or available
for use in any particular location. Those who choose to access
a G&H Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. Software from this site is further subject to
United States export controls. No software from this site may
be downloaded or otherwise exported or reexported (i) into (or
to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
Termination
These terms are effective until terminated by either party.
You may terminate these terms at any time by discontinuing use
of all G&H Sites and destroying all materials obtained from
any and all such sites and all related documentation and all
copies and installations thereof, whether made under these terms
or otherwise. Your access to any and all G&H Sites may be
terminated immediately without notice from us if in our sole
discretion you fail to comply with any term or provision of
these terms. Upon termination, you must cease use of the G&H
Site and destroy all materials obtained from such site and all
copies thereof, whether made under these terms or otherwise.
General Provisions
These terms shall be governed by and construed in accordance
with the laws of the State of California, without giving effect
to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts located in
Orange County, California, and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating
to the subject matter herein and shall not be modified except
in writing, signed by both parties.
Notice and Procedure For Making Claims of Copyright Infringement
We may give notice to our users by means of a general notice
on any G&H Site, electronic mail to a user's e-mail address
on our records, or by written communication sent by first-class
mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent
to Service Provider's Designated Agent. See Notice and Procedure
for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated
Agent:
Service Provider: G&H
Name of Agent Designated to Receive Notification of Claimed
Infringement: G&H Internet Consulting
Full Address of Designated Agent to Which Notification Should
be Sent: P.O. Box 6226 Irvine, CA 92616
E-Mail Address of Designated Agent: designated.agent@gandh.com
To be effective, the notification must be a written communication
that includes the following:
- A physical or electronic signature of person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
- Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the
law; and
- A statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
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