Terms of Use
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB
SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO
BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE
READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this
web site ("You"), and the owner and operator of this web site:
GEH &
Associates, LLC an Arkansas Limited Liability Company ("GEH"). All
references to "us", "this web site" or "this site" shall be
construed to mean GEH. If the user is not an individual, then "You"
means Your company, its officers, members, agents, successors and
assigns.
2. Assent To Terms of Use And Amendment.
GEH grants
a non-exclusive, non-transferable, and revocable license to You and
provides the services available at this site to You subject to the
following terms and conditions. THESE TERMS AND CONDITIONS MAY BE
AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN
REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY
TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN
THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO
YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR
RELATIONSHIP WITH GEH ARE SUBJECT TO ALL GUIDELINES OR RULES THAT
MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL
INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE,
YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY
GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE
BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement. This Terms of Use Agreement
will be expressly incorporated by reference in each and every
agreement between You and GEH, and except for any separate license
agreement for software and/or content, this terms of use agreement
supersedes any and all prior an existing agreements, whether oral or
in writing, between You and GEH with respect to the subjects
addressed herein and constitutes the entire agreement between the
parties with respect to those subjects. Except for any separate
license agreement for software and/or content, You acknowledge that
neither GEH nor anyone on GEH's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You
relating to the subjects addressed by this terms of use agreement
that are not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this
site to upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer; (ii) not to interfere or
disrupt this site or any networks connected to this site; (iii) not
to use any device, software or routine or attempt to interfere with
the proper functioning of this site or any transactions being
offered at this site; (iv) not to take any action that imposes an
unreasonable or disproportionately large load on GEH's
infrastructure; (v) not to use this site to collect or harvest
personal information, including, without limitation, financial
information, about other participants at this site; and (vi) not to
impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity. You agree not
to use the services, products, or downloads available at this site
for illegal purposes, and to comply with all regulation policies and
procedures of networks connected to this site.
5. Compliance with Laws. You shall comply with all
applicable laws and regulations of the United States and foreign
authorities (including, but not limited to United States trade
restriction laws, export laws or license requirements and laws
regarding the sale or transport of hazardous materials, and laws
regarding the transmission of technical data, including without
limitation encryption, exported from the United States through the
services available at this site) relating to any service, product,
or download associated with this site.
6. Separate License Agreement(s). You may acquire
software and/or content from GEH by download from this site, or
otherwise directly from GEH. You agree that your use of such
software and/or content shall be strictly in accordance with the
applicable license agreement(s).
7. Registration Data And Privacy. Registration may
be required for you to download from this site, or for your
participation in certain services offered at this site. You must
provide certain current, complete, and accurate information about
You as prompted to do so by the registration form ("Registration
Data"), and maintain and update such registration information as
required to keep such information current, complete and accurate.
You warrant that your Registration Data is accurate and current, and
that You are authorized to provide such Registration Data. You
authorize us to verify your Registration Data at any time. If any
Registration Data that You provide is untrue, inaccurate, not
current or incomplete, GEH retains the right, in its sole
discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is subject
to our Privacy Policy. Solely to enable GEH to use information You
supply us internally, so that we are not violating any rights You
might have in that information, You grant to GEH a nonexclusive
license to (i) convert such information into digital format such
that it can be read, utilized and displayed by GEH's computers or
any other technology currently in existence or hereafter developed
capable of utilizing digital information, and (ii) combine the
information with other content provided by GEH, in each case by any
method or means or in any medium whether now known or hereafter
devised.
8. Copyrights. The copyright in all material
provided on this site is owned by GEH or by GEH's licensor(s). You
acknowledge and agree that the site contains proprietary information
that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that information presented
to You through this site, including text, graphics, logos, icons,
images and software, and the arrangement and compilation of such
content, are the property of GEH or its content suppliers and is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. GEH does not grant any license or
authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore,
except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of GEH or the
copyright owner. However, You may print a copy of the information on
this site for Your personal, non-commercial internal use or records.
In so doing, You may not modify the material and You agree to retain
all copyright and other proprietary notices contained in the
materials. This permission does not give You any ownership rights in
the information and terminates automatically if You breach any of
these terms or conditions. If You make any other use of this site,
except as otherwise provided herein, You may violate copyright and
other laws of the United States, other countries, as well as
applicable state laws and may be subject to penalties.
9. Trademarks. The trademarks, service marks, and
logos (the "Trademarks") used and displayed on this site are
registered and unregistered Trademarks of GEH and others. Nothing on
this site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on
the site, without the written permission of the Trademark owner. GEH
aggressively enforces its intellectual property rights to the
fullest extent of the law. The Trademark(s) may not be used in any
way, including in advertising or publicity pertaining distribution
of materials on this site, without prior, written permission. GEH
prohibits use of any of the forgoing names or marks as a metatag as
a "hot" link to any GEH site unless establishment of such a link is
approved in advance by GEH in writing. If You have any questions
regarding any trademarks on the site, please contact GEH.
10. Links. This site may provide links to other
Internet sites. GEH is not responsible for the availability of such
other sites and does not endorse and is not responsible or liable
for any content, products or other materials available on such other
sites. Links to external web sites do not constitute an endorsement
by GEH of those sites or the sponsors of such sites or the content,
products, advertising or other materials present on such sites.
Further, GEH reserves the right to terminate any link or linking
program at any time. GEH does not author, edit, or monitor the
unofficial pages or links. You further acknowledge and agree that
GEH shall not be responsible or liable, directly or indirectly, for
any damage loss caused or alleged to be caused by or in connection
with use of or reliance on any information, goods or services
available on or through a such site. If You decide to access any of
the third party sites linked to this site, You do this entirely at
Your own risk.
11. Participation In Promotions Of Advertisers. You
may enter into correspondence with or participate in promotions of
advertisers promoting their products or services on this site
("Advertisers"). You acknowledge and agree that any such
correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between You and Advertiser. GEHAssoc.com
shall have no liability, obligation or responsibility whatsoever
arising out of or in connection with any such correspondence or
participation or transactions.
12. Monitoring. You acknowledge that
GEH or its
designees reserves the right to, and may from time to time, monitor
any and all activity or information transmitted or received through
this site. GEH, in its sole discretion and without further notice to
You, may (but is not obligated to review, censor or prohibit any
activity or the transmission or receipt of any Information which GEH
deems inappropriate (such as that specified in above) or that
violates any term or condition of this agreement. During monitoring,
information may be examined, recorded, copied, and used for
authorized purposes. Use of this site, authorized or unauthorized,
constitutes consent to such monitoring. Unauthorized uses and
unauthorized users of this site will be prosecuted to the full
extent of the law.
13. Indemnity. You shall indemnify, defend, and hold
harmless GEH and its content providers and their respective
shareholders, affiliates, employees, agents, successors, officers,
and assigns, from any suits, losses, claims, demands, liabilities,
costs and expenses (including attorney and accounting fees) that
they may sustain or incur arising from (i) Your use of the software
available at or downloaded from this site, (ii) Your failure to
comply with any applicable laws and regulations (including without
limitation those regarding the export of products or technology
abroad) or to obtain any licenses or approvals from the appropriate
government agencies necessary to purchase or sell the subject goods
and services, (iii) Your use of the content available on this site
in any way contrary to this agreement (d) Your breach of any of Your
representations, warranties or obligations set forth in this
agreement, (iv) the sale, purchase, transportation, delivery, use or
disposal of any GEH service, product, or download associated with
this site or available through other sites, or any loss suffered by
or harm to any person or property in any way relating to of caused
in whole or in part by Your use of this site or any service,
product, or download associated with this site (including, without
limitation, any personal injuries or death of any third person
caused in whole or in part by such products or services, to use,
transportation, delivery, storage, handling or release thereof), and
(v) any taxes attributable to the relating to any service, product,
or download associated with this site.
14. Beneficiaries of this Agreement; No Other
Agreements. The rights and limitations in this agreement are for the
benefit of GEH and each of GEH's content providers, each of which
shall have the right to enforce its rights hereunder directly and on
its own behalf.
15. Termination. You agree that GEH may, at its sole
discretion, deny You access to the site and disable any user name
and password associated with You for any reason, including, without
limitation, if GEH believes that You have violated or acted
inconsistently with the letter spirit of this agreement. GEH
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the services offered under
this site (or any part thereof) with or without notice. You agree
that GEH shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the services offered
under this site.
16. Consumer Rights. GEH
maintains specific contact information including an e-mail address
for notifications of complaints and for inquiries regarding pricing
policies. All correspondence should be addressed to GEH's
agent for notice at the following address, GEH &
Associates, LLC., PO Box 2010 Benton, AR 72018-2010,
email:
info@gehassoc.com, Telephone: 501.778.6277, Facsimile: 501.778.1251.
17. Controlling Law. This Agreement shall be
construed under the laws of the State of Arkansas, USA, excluding
rules regarding conflicts of law.
18. Jurisdiction And Venue. You and
GEH agree to
submit to the exclusive personal jurisdiction of the courts of
Saline County in the State of Arkansas, USA in all legal proceedings
arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE
EXIT THIS SITE.
Terms of Use prepared by
GEH & Associates, LLC
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