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Last Updated: October 24, 2000
Welcome to a new information-filled Internet Web site called Askgpa.com developed by GPA, Specialty Substrate Solutions! The
terms "GPA, Specialty Substrate Solutions" and "askgpa.com" will
be referred to in this Terms of Service collectively as Askgpa.com or the appropriate pronoun, as the case may be. Before
taking advantage of the useful information offered here, please take a
minute to ensure that you understand the terms and conditions of our
relationship by reading this important information. By using this Web
site, you agree to be bound by these Terms of Service. In addition to
these Terms of Service, you agree to the collection and use of your
personal information as provided in our Privacy Policy.
We reserve the right to update or change these Terms of Service at any
time and for any reason. By continuing to use the services offered on
the Askgpa.com Web site, you agree to be bound by any such
revisions and should therefore periodically visit and print the latest
version of the Terms of Service for your records. For your information,
the date of the last update to these Terms of Service is stated at the
top of this document. 1. AGREEMENT TO CONTRACT ELECTRONICALLY
You
agree to contract electronically with Askgpa.com. You agree that
this electronic Terms of Service agreement, combined with your act of
using the services offered on this Web site, have the same legal force
and effect as a written contract with your written signature and
satisfy any laws that require a writing or signature, including any
applicable Statute of Frauds. You further agree that you shall not
challenge the validity, enforceability or admissibility of the Terms of
Service on the grounds that it was electronically transmitted or
authorized. In addition, you acknowledge that you have had the
opportunity to print this agreement.
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2. PRIVACY
We respect your
privacy. The information you submit is subject to our Privacy Policy, and you grant Askgpa.com and all
other persons or entities involved in the operation of the Web site the right to
transmit, monitor, retrieve, store and use your personal information, as
provided for in that policy. We encourage you to print and review this policy to
assist you in making an informed decision regarding the type of information you
would like to submit to us. The most recent version of our Privacy Policy can be
found here. Askgpa.com cannot and does not assume any responsibility or liability for
any information you submit or for your or third parties' use or misuse of
information transmitted or received using this Web site.
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3. MODIFICATIONS
We
may discontinue, add to, modify, upgrade or replace all aspects of the Web site
in our sole discretion and without notice. In particular, we reserve the right
in our sole discretion to modify, supplement, delete, discontinue or remove any
software, file, information, communication or other content appearing on or
transmitted through the Web site.
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4.
MONITORING
Askgpa.com has no obligation to monitor the
services offered in this Web site or any use thereof or to retain the content of
any User session. However, as stated in our Privacy
Policy, Askgpa.com reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to cooperate with law
enforcement and other authorities in investigating a claim of illegal
activity.
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5. DISCLAIMERS
YOUR
USE OF THE WEB SITE IS AT YOUR SOLE RISK. WE PROVIDE THE INFORMATION TO YOU ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT,
WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE
AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO THE AVAILABILITY OF
THE PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATIONS OR ENDORSEMENTS OF ANY
PRODUCTS OR SERVICES ON THE WEB SITE. IN NO EVENT IS ASKGPA.COM LIABLE FOR
ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. ASKGPA.COM IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH
THE WEB SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
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6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASKGPA.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF
THIS WEB SITE; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii) THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES
AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; AND
(iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES. THE ABOVE LIMITATION DOES
NOT APPLY TO YOU IF YOU ARE IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY.
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7. USE OF CONTENT
You
acknowledge that the Askgpa.com Web site contains information, data,
software, photographs, graphics, videos, text, images, typefaces, sounds and
other content that are protected by copyrights, trademarks or other proprietary
rights (the "Content"), and that these rights are valid and protected in all
forms, media and technologies existing now or hereinafter developed. Askgpa.com owns or has a valid license to use Content on the Web site. You
may not modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from or in any way exploit
any of the Content, in whole or in part. If no specific restrictions are
displayed, you may make copies of select portions of the Content, provided that
the copies are made only for your personal, informational and non-commercial use
and that you do not alter or modify the Content in any way, and maintain any
notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S.
copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post,
reproduce, or distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the copyright or
other proprietary right. If you violate any of these Terms of Service, your
permission to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content. If you believe
that any of the Content of this Web Site infringes a copyright, trademark,
patent or other right of another party, please direct an e-mail to our Customer
Service Department (customerservice@askgpa.com) or call us at (800)
395-9000.
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8. USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content
of any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Web site, you agree that such
submission is non-confidential for all purposes. If you make any such
submission, you automatically grant--or warrant that the owner of such content
has expressly granted--Askgpa.com a royalty-free, perpetual, irrevocable,
world-wide exclusive license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform and display the
communication or content in any media or medium, or any form, format, or forum
now known or hereafter developed. Askgpa.com may sublicense its rights
through multiple tiers of sublicenses.
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9. LINKS TO OTHER WEB
SITES
Askgpa.com may provide links to web sites operated by
other parties. We do not, either expressly or by implication, endorse the
Content on such web sites or any association it may have with third parties. The
links, if any, are provided for your convenience only. We have no control over
such web sites nor do we review the content on those web sites; therefore, we
are not responsible or liable for any content, advertising, products or other
materials on or available from such web sites. You further acknowledge and agree
that we are not responsible or liable, either 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
web site or resource.
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10. GENERAL LEGAL
PROVISIONS
International Laws: Askgpa.com is based in
Chicago, Illinois, in the United States of America. Askgpa.com makes no
claims that the Content is appropriate or may be downloaded outside of the
United States. Access to the Content may not be legal by certain persons or in
certain countries. If you access the Askgpa.com Web site from outside the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
Choice of Law and Forum: You
expressly agree that exclusive jurisdiction for any dispute with Askgpa.com, or in any way relating to your use of the Askgpa.com Web
site, resides in the courts of the State of Illinois and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of the
State of Illinois in connection with any such dispute including any claim
involving Askgpa.com or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and content
providers. These Terms of Service are governed by the internal substantive laws
of the State of Illinois, without respect to its conflict of laws principles.
Entire Agreement: Except as expressly provided in a particular "legal
notice" on the Askgpa.com Web site, these Terms of Service constitute the
entire agreement between you and Askgpa.com with respect to the use of the Askgpa.com Web site and Content. Your use of the Askgpa.com Web site
is also subject to the Askgpa.com Privacy Policy. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software.
Termination: Askgpa.com may terminate these Terms of Service without cause at any time
and effective immediately. In addition, Askgpa.com, in its sole discretion
may terminate these Terms of Service immediately and without notice for
violation of any part of these Terms of Service. You may also terminate these
Terms of Service by simply discontinuing use of your account and/or the Web
site. In the event of any termination of these Terms of Service, the
restrictions on your use of the Content (as set forth in Paragraph 8 ("User
Submissions") shall survive such termination, and you agree to be bound by those
terms.
Indemnity: You agree to defend, indemnify, and hold Askgpa.com, its officers, directors, employees, agents, licensors,
suppliers and affiliates harmless from and against any claims, actions or
demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from or alleged to result from, your
violation of these Terms of Service.
Non-waiver: Our failure to
exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. If any provision of the Terms of
Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
of Service remain in full force and effect. No waiver of any of the Terms of
Service shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
Limitation on Actions: You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Web site or these Terms of Service must
be filed within one year after such claim or cause of action arose or be forever
barred.
Export: The U.S. export control laws regulate the export and
re-export of technology originating in the United States. This includes the
electronic transmission of information and software to foreign countries and to
certain foreign nationals. You agree to abide by these laws and their
regulations - including but not limited to the Export Administration Act and the
Arms Export Control Act and not to transfer, by electronic transmission or
otherwise, any Content derived from the Web site to either a foreign national or
a foreign destination in violation of such laws.
Thank you for your
cooperation. We hope you find Askgpa.com helpful and convenient to use! If
you have any questions or concerns about how your personal information will be
treated as you make use of this Web site, please take a moment to read our Privacy Policy.
Questions or comments regarding this Web
site should be directed by e-mail to customerservice@askgpa.com,
or by telephone to (800) 395-9000, or by U.S. mail to Askgpa.com,
c/o GPA, Specialty Substrate Solutions, 1151 West 40th Street,
Chicago, IL 60609-2506.
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