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PLEASE READ
THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using
this site, you agree to be bound
contractually by these Terms of
Use.
TERMS OF USE
Effective Date: January 1, 2006
Any material changes to this
Agreement and their effective
dates of listing will be
accessible here.
1. Parties. The parties to this
Agreement are you, and the owner
and operator of this GAPC.net
web site, GAPC.net, Inc.
("GAPC"). All references to
"we", "us", "this web site" or
"this site" shall be construed
to mean GAPC.
2. Modification of Agreement. We
reserve the right to modify this
Agreement at any time, and
without prior notice, by posting
an amended Agreement that is
always accessible through the
"Terms of Use" link on this
site's home page. Your continued
use of this site indicates your
acceptance of the amended
Agreement. You should check this
Agreement through this link
periodically for modifications
by clicking on the link provided
near the top of the Agreement
for a listing of material
changes and their effective
dates.
3. License. GAPC grants you a
limited non-exclusive,
non-transferable, and revocable
license to access and use the
public areas of this site, only
for your personal use and not
for purposes of resale, except
as may be provided in any
separate written agreement
signed by the parties or
separate agreement originating
with this site; provided,
however, that you do not modify
this site, its content, or any
copyright or other proprietary
notices. This license terminates
automatically if you breach any
of these Terms of Use.
Unauthorized use of this site or
any content may violate
copyright laws, trademark laws,
the laws of privacy and
publicity, and communications
regulations and statutes.
4. Restrictions. Except as
expressly authorized herein or
in any separate written
agreement signed by the parties
or separate agreement
originating from this site, you
may not copy, modify,
distribute, download, display,
transfer, post, or transmit this
site or its content in any form
without GAPC's prior written
permission.
5. Prohibited Activities. The
following activities are also
expressly prohibited without
GAPC's prior written permission:
any non-personal or commercial
use, except as may be provided
in any separate written
agreement signed by the parties
or separate agreement
originating with this site; use
of any robot, spider, other
automatic device, or manual
process to monitor or copy this
site or any of its content;
"mirroring" this site or any
content on any other server;
collection or use of product
listings, descriptions, or
prices for a supplier of
competitive or comparable
products; and any action that
imposes an unreasonable or
disproportionately large load on
this site or otherwise
interferes with its functioning.
6. Monitoring. We reserve the
right, but not the obligation,
to monitor your access and use
of this web site without
notification to you. We may
record or log your use in a
manner as set out in our
Privacy Policy.
7. USA Patriot Act Notice. The
U.S. federal USA Patriot Act
("USA Patriot Act") provides
generally for the operator of a
communication host and law
enforcement to be able to
monitor any content, upon
request of the operator. We
anticipate fully complying with
all our obligations, and
availing ourselves of all our
rights, under the USA Patriot
Act.
8. Separate Agreements. You may
acquire products, services
and/or content from this site,
and your purchase and use of
such products, services and/or
content will be governed by
these Terms of Use and/or by any
separate written agreement
signed by the parties and/or
separate agreement originating
from this site.
9. Ownership. The material
provided on this site is
protected by law, including, but
not limited to, United States
copyright law and international
treaties. The copyright in the
content of this site is owned by
GAPC or others. Except for the
limited rights granted above,
all other rights are reserved.
All trademarks are the property
of their respective owners.
10. Accuracy of Information and
Disclaimer of Warranty. GAPC has
made every effort to present the
content on this site accurately,
but additions, deletions and
changes may occur. Except as may
be provided in any separate
agreements originating from this
site, products, services, and/or
content on this site is provided
“as is”, and neither GAPC nor
its representatives make any
representation or warranty with
respect to such products,
services, and/or content. EXCEPT
AS MAY BE PROVIDED IN ANY
SEPARATE WRITTEN AGREEMENT
SIGNED BY THE PARTIES OR
SEPARATE AGREEMENT ORIGINATING
FROM THIS SITE, GAPC AND ITS
REPRESENTATIVES SPECIFICALLY
DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO THIS SITE OR
PRODUCTS, SERVICES AND/OR
CONTENT ACQUIRED FROM THIS SITE,
INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF
MERCHANTABILITY, COMPLETENESS,
TIMELINESS, CORRECTNESS,
NONINFRINGEMENT, OR FITNESS FOR
ANY PARTICULAR PURPOSE.
11. Limitation of Liability.
Under no circumstances will GAPC
or its affiliates have any
liability with respect to any
claims or damages (whether
direct or indirect, special,
incidental, consequential or
punitive) as a result of your
access or use of (or inability
to access or use) this site or
its services, information or
content, even if they have been
advised of the possibility of
such damages. You access and use
this site at your own risk.
12. Links to This Site. GAPC
grants you a limited, revocable,
and nonexclusive right to create
a hyperlink to the home page of
this site so long as the link
does not portray GAPC or its
products or services in a false,
misleading, derogatory, or
offensive matter. You may not
use the GAPC logo, GAPC
trademark, or GAPC’s name or
trademarks, or other proprietary
graphic in the link without the
prior written permission of
GAPC.
13. Links to Third Party Web
Sites. GAPC does not review or
control third party Web sites
that link to or from this site,
is not responsible for their
content, and does not represent
that their content is accurate
or appropriate. Your use of such
third party site is on your own
initiative and at your own risk
and may be subject to the other
sites’ terms of use.
14. Participation In Promotions
Of Advertisers. You may enter
into correspondence with or
participate in promotions of
advertisers promoting their
products, services or content on
this site ("Advertisers"). Any
such correspondence or
participation, including the
delivery of and the payment for
products, services or content,
are solely between you and each
Advertiser.
15. Consumer Rights Information;
California Civil Code Section
1789.3. Pricing information is
posted as part of the ordering
page(s) for this site. GAPC
maintains specific contact
information including an e-mail
address for notifications of
complaints and for inquiries
regarding pricing policies in
accordance with California Civil
Code Section 1789.3. All
correspondence should be
addressed to GAPC's agent for
notice at the following address:
Notification of Consumer Rights
Complaint or Pricing Inquiry:
GAPC.net, Inc.
537 North State Rd.
Briarcliff Manor, NY, 10510
Contact:
support@gapc.net
Telephone:914-944-7400
Facsimile:914-944-7422
You may contact GAPC with
complaints and inquiries
regarding pricing and we will
investigate those matters and
respond to the inquiries.
16. Arbitration. Except for
actions to protect intellectual
property rights and to enforce
an arbitrator’s decision
hereunder, all disputes,
controversies, or claims arising
out of or relating to this
Agreement or a breach thereof
shall be submitted to and
finally resolved by arbitration
under the rules of the American
Arbitration Association (“AAA”)
then in effect. There shall be
one arbitrator, and such
arbitrator shall be chosen by
mutual agreement of the parties
in accordance with AAA rules.
The arbitration shall take place
in Westchester County, NY, and
may be conducted by telephone or
online. The arbitrator shall
apply the laws of the State of
New York USA to all issues in
dispute. The controversy or
claim shall be arbitrated on an
individual basis, and shall not
be consolidated in any
arbitration with any claim or
controversy of any other party.
The findings of the arbitrator
shall be final and binding on
the parties, and may be entered
in any court of competent
jurisdiction for enforcement.
Enforcements of any award or
judgment shall be governed by
the United Nations Convention on
the Recognition and Enforcement
of Foreign Arbitral Awards.
Should either party file an
action contrary to this
provision, the other party may
recover attorney's fees and
costs up to $1000.00.
17. Jurisdiction And Venue. The
courts of Westchester County in
the State of New York, USA and
the nearest U.S. District Court
shall be the exclusive
jurisdiction and venue for all
legal proceedings that are not
arbitrated under these Terms of
Use.
18. Controlling Law. This
Agreement shall be construed
under the laws of the State of
New York USA, excluding rules
regarding conflicts of law. The
application the United Nations
Convention of Contracts for the
International Sale of Goods is
expressly excluded.
19. Intended For Use Only In The
United States. This site is
controlled and operated by GAPC
from its offices within the
United States. GAPC does not
represent that this site is
appropriate or available for use
elsewhere; access to this site
from locations where its
contents are illegal is not
authorized. If you access this
site from outside the United
States, you do so on your own
initiative and at your own risk.
20. Force Majeure. We shall not
be liable for damages for any
delay or failure of delivery
arising out of causes beyond
their reasonable control and
without their fault or
negligence, including, but not
limited to, Acts of God, acts of
civil or military authority,
fires, riots, wars, embargoes,
Internet disruptions, hacker
attacks, or communications
failures.
21. Privacy. Please review this
site's
Privacy Policy
which also governs
your visit to this site.
22. GAPC.net's
Acceptable Use
Policy is
incorporated by reference.
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