TERMS OF USE
1. BINDING EFFECT. This is a binding agreement. By using the Internet site
located at GENERATORMART.COM (the "Site") or any services provided in
connection with the Site (the "Service"), you agree to abide by these Terms of
Use, as they may be amended by Generatormart LLC., a Colorado limited
liability company ("Company") from time to time in its sole discretion.
Company will post a notice on the Site any time these Terms of Use have been
changed or otherwise updated. It is your responsibility to review these Terms
of Use periodically, and if at any time you find these Terms of Use
unacceptable, you must immediately leave the Site and cease all use of the
Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT
YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE AND AUTHORIZED TO
ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control
the treatment of your personal and proprietary business information. Company's
privacy policy is expressly incorporated into this Agreement by this
reference.
When you are required to open an account to use or access the Site or Service,
you must complete the registration process by providing the complete and
accurate information requested on the registration form. You will also be
asked to provide a user name and password. You are entirely responsible for
maintaining the confidentiality of your password. You may not use the account,
username, or password of someone else at any time. You agree to notify Company
immediately on any unauthorized use of your account, user name, or password.
Company shall not be liable for any loss that you incur as a result of someone
else using your password, either with or without your knowledge. You may be
held liable for any losses incurred by Company, its affiliates, officers,
directors, managers, members, employees, consultants, agents, and
representatives due to someone else's use of your account or password.
3. USE OF SOFTWARE. Company may make certain software available to you from
the Site. If you download software from the Site, the software, including all
files and images contained in or generated by the software, and accompanying
data (collectively, "Software") are deemed to be licensed to you by Company,
for your personal, noncommercial, home use only, except as otherwise provided
in these Terms of Use. Company does not transfer either the title or the
intellectual property rights to the Software, and Company retains full and
complete title to the Software as well as all intellectual property rights
therein. You may not sell, redistribute, or reproduce the Software, nor may
you decompile, reverse-engineer, disassemble, or otherwise convert the
Software to a human-perceivable form. All trademarks and logos are owned by
Company or its licensors and you may not copy or use them in any manner.
4. USER CONTENT. You grant Company a license to use the materials and data you
post to the Site or Service. By posting, downloading, displaying, performing,
transmitting, or otherwise distributing information or other content ("User
Content") to the Site or Service, you are granting Company, its affiliates,
officers, directors, managers, members, employees, consultants, agents, and
representatives a license to use User Content in connection with the operation
of the Internet business of Company, its affiliates, officers, directors,
managers, members, employees, consultants, agents, and representatives,
including without limitation, a right to copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, and reformat User
Content. You will not be compensated for any User Content. You agree that
Company may publish or otherwise disclose your name in connection with your
User Content. By posting User Content on the Site or Service, you warrant and
represent that you own the rights to the User Content or are otherwise
authorized to post, distribute, display, perform, transmit, or otherwise
distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or
using the Service, you agree to obey the law and to respect the intellectual
property rights of others. Your use of the Service and the Site is at all
times governed by and subject to laws regarding copyright ownership and use of
intellectual property. You agree not to upload, download, display, perform,
transmit, or otherwise distribute any information or content (collectively,
"Content") in violation of any third party's copyrights, trademarks, or other
intellectual property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property, and you shall
be solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Content you provide or
transmit, or that is provided or transmitted using your User ID. The burden of
proving that any Content does not violate any laws or third party rights rests
solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content
available. You agree not to upload, download, display, perform, transmit, or
otherwise distribute any Content that (a) is libelous, defamatory, obscene,
pornographic, abusive, or threatening; (b) advocates or encourages conduct
that could constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or foreign law or
regulation; or (c) advertises or otherwise solicits funds or is a solicitation
for goods or services. Company reserves the right to terminate your receipt,
transmission, or other distribution of any such material using the Service,
and, if applicable, to delete any such material from its servers. Company
intends to cooperate fully with any law enforcement officials or agencies in
the investigation of any violation of these Terms of Use or of any applicable
laws.
7. CONFIDENTIALITY. "Confidential Information" means any information disclosed
to you by Company, either directly or indirectly, in writing, orally, or by
inspection of tangible objects, other than information that you can establish:
(i) was publicly known and made generally available in the public domain prior
to the time of disclosure to you by Company, (ii) becomes publicly known and
made generally available after disclosure to you by Company other than through
your action or inaction, or (iii) is in your possession, without
confidentiality restrictions, prior to the time of disclosure by Company as
shown by your files and records. You shall not at any time: (i) sell, license,
or transfer any Confidential Information, (ii) disclose or otherwise make
available to any person or entity any Confidential Information (other than to
your employees and Authorized Users who have a legitimate need to know such
Confidential Information), or (iii) use, reproduce, or copy any Confidential
Information, except as necessary in connection with the purpose for which such
Confidential Information is disclosed to you and in accordance with the
Agreement. You agree to take all measures to protect the secrecy of, and to
avoid disclosure and unauthorized use of, the Confidential Information. If
required by law to disclose certain Confidential Information, you may do so
provided that: (a) you give Company prompt written notice of such requirement
prior to such disclosure, (b) at Company's request, you assist Company in
obtaining an order protecting the Confidential Information from public
disclosure, and (c) any such disclosure is limited to the minimum extent
necessary to comply with the legal requirement. All Confidential Information
shall remain Company's personal property, and all documents, electronic media,
and other tangible items containing or relating to any Confidential
Information shall be delivered to Company or uninstalled immediately upon
Company's request, and upon termination of the Agreement. Nothing contained in
the Agreement will prevent Company and/or its Affiliates from complying with
privacy laws and regulations. Notwithstanding anything to the contrary in the
Agreement or the applicable Privacy Policy, all data and information gathered
or received by Company in connection with providing the Programs and all
information described in the applicable Privacy Policy may be shared with and
used by Company and/or its Affiliates and/or certain selected third parties
only in aggregated, anonymous form. You may not issue any press release or
other public statement regarding the Agreement or the subject matter of the
Agreement without our prior written consent.
8. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated
procedures regarding allegations of copyright infringement occurring on the
Site or with the Service. Company has adopted a policy that provides for the
immediate suspension and/or termination of any Site or Service user who is
found to have infringed on the rights of Company or of a third party, or
otherwise violated any intellectual property laws or regulations. Company's
policy is to investigate any allegations of copyright infringement brought to
its attention. If you have evidence, know, or have a good faith belief that
your rights or the rights of a third party have been violated and you want
Company to delete, edit, or disable the material in question, you must provide
Company with all of the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such
works; (c) identification of the material that is claimed to be infringed 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
Company to locate the material; (d) information reasonably sufficient to
permit Company to contact you, such as an address, telephone number, and if
available, an electronic mail address at which you may be contacted; (e) a
statement that you have 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 (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. For
this notification to be effective, you must provide it to Company's designated
agent at:
Company: Generatormart, LLC.
Phone: +1-720-840-1675
Fax: +1-720-922-0167
Mail: P.O. Box 270424
Littleton, Colorado 80127 U.S.A.
Web site: http://www.generatormart.com
9. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the
Service and/or the Site. To ensure that Company provides a high quality
experience for you and for other users of the Site and the Service, you agree
that Company or its representatives may access your account and records on a
case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized uses of the Site or
the Service. Company does not intend to disclose the existence or occurrence
of such an investigation unless required by law, but Company reserves the
right to terminate your account or your access to the Site immediately, with
or without notice to you, and without liability to you, if Company believes
that you have violated any of the Terms of Use, furnished Company with false
or misleading information, or interfered with use of the Site or the Service
by others.
10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING
THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK
OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR
THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT
THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF
ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY
OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall
apply regardless of whether the damages arise out of breach of contract, tort,
or any other legal theory or form of action.
12. AFFILIATED SITES. Company has no control over, and no liability for any
third party websites or materials. Company works with a number of partners and
affiliates whose Internet sites may be linked with the Site. Because neither
Company nor the Site has control over the content and performance of these
partner and affiliate sites, Company makes no guarantees about the accuracy,
currency, content, or quality of the information provided by such sites, and
Company assumes no responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful content that may reside on those sites. Similarly,
from time to time in connection with your use of the Site, you may have access
to content items (including, but not limited to, websites) that are owned by
third parties. You acknowledge and agree that Company makes no guarantees
about, and assumes no responsibility for, the accuracy, currency, content, or
quality of this third party content, and that, unless expressly provided
otherwise, these Terms of Use shall govern your use of any and all third party
content.
13. PROHIBITED USES. Company imposes certain restrictions on your permissible
use of the Site and the Service. You are prohibited from violating or
attempting to violate any security features of the Site or Service, including,
without limitation, (a) accessing content or data not intended for you, or
logging onto a server or account that you are not authorized to access; (b)
attempting to probe, scan, or test the vulnerability of the Service, the Site,
or any associated system or network, or to breach security or authentication
measures without proper authorization; (c) interfering or attempting to
interfere with service to any user, host, or network, including, without
limitation, by means of submitting a virus to the Site or Service,
overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using
the Site or Service to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services; (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or in any
posting using the Service; or (f) attempting to modify, reverse-engineer,
decompile, disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by Company in providing the
Site or Service. Any violation of system or network security may subject you
to civil and/or criminal liability.
14. INDEMNITY. You agree to indemnify Company for certain of your acts and
omissions. You agree to indemnify, defend, and hold harmless Company, its
affiliates, officers, directors, managers, members, employees, consultants,
agents, and representatives from any and all third party claims, losses,
liability, damages, and/or costs (including reasonable attorney fees and
costs) arising from your access to or use of the Site, your violation of these
Terms of Use, or your infringement, or infringement by any other user of your
account, of any intellectual property or other right of any person or entity.
Company will notify you promptly of any such claim, loss, liability, or
demand, and will provide you with reasonable assistance, at your expense, in
defending any such claim, loss, liability, damage, or cost.
15. COPYRIGHT. All contents of Site or Service are: Copyright © 2006
Generatormart LLC, P.O. Box 270424, Littleton, Colorado 80127. All rights
reserved.
16. GOVERNING LAW. These Terms of Use shall be construed in accordance with
and governed by the laws of the United States and the State of Colorado,
without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or federal
courts in Denver, Colorado in all disputes arising out of or related to the
use of the Site or Service.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent
jurisdiction finds any term or condition in these Terms of Use to be
unenforceable, all other terms and conditions will remain unaffected and in
full force and effect. No waiver of any breach of any provision of these Terms
of Use shall constitute a waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of
the waiving party.
18. NO LICENSE. Nothing contained on the Site should be understood as granting
you a license to use any of the trademarks, service marks, or logos owned by
Company or by any third party.
19. COLORADO USE ONLY. The Site is controlled and operated by Company from its
offices in the State of Colorado. Company makes no representation that any of
the materials or the services to which you have been given access are
available or appropriate for use in other locations. Your use of or access to
the Site should not be construed as Company's purposefully availing itself of
the benefits or privilege of doing business in any state or jurisdiction other
than Colorado.
20. MODIFICATIONS. Company may, in its sole discretion and without prior
notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service;
and (c) discontinue the Site and/or Service at any time. Company shall post
any revision to these Terms of Use to the Site, and the revision shall be
effective immediately on such posting. You agree to review these Terms of Use
and other online policies posted on the Site periodically to be aware of any
revisions. You agree that, by continuing to use or access the Site following
notice of any revision, you shall abide by any such revision.
21. OTHER. The Agreement constitutes the entire agreement and understanding
between the parties regarding the subject matter contained herein and
supersedes all previous and contemporaneous agreements, proposals,
representations, claims, and communications in all forms of media (including
all instructions, advertisements, messages, and policies), written and oral,
regarding the subject matter contained herein. You may not assign, sublicense,
or transfer the Agreement or any right or duty under the Agreement. Any
assignment, transfer, or attempted assignment or transfer in violation of this
Section shall be void and of no force or effect. Company and its subsequent
assignees may assign the Agreement, in whole or in part, or assign any of
their rights, or delegate any of their duties under the Agreement to any
party. The Programs are proprietary to us and are protected by the applicable
U.S. and international intellectual property laws and Company retains all
rights, title, and interests in the Programs. Any rights not expressly granted
in the Agreement are reserved by Company, and all implied licenses are
disclaimed. Headings used in the Agreement are for reference purposes only and
in no way affect the Agreement. The term "including" is a term of enlargement
meaning "including without limitation," and does not denote exclusivity. You
understand and agree that services and/or obligations to be performed
hereunder by Company may be performed by Company, its Affiliates, and/or third
party service provider(s).
22. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY
THEM.
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