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Welcome to our site. Please read these terms
carefully before using this web site. Your use
of this web site constitutes your acceptance
of these terms.
This Web site (this "Site") is
provided by GE Capital Financial Inc. ("GECF",
or "us"). These terms may be changed
from time to time in our discretion. Your
continued use of this Site after any such
changes constitutes your acceptance of the new
terms. If you do not agree to abide by these
or any future terms, please do not use this
Site or download materials from it.
To access, retain, and print these terms or
other Web pages on this Site for your records,
you should use Microsoft® Internet Explorer
version 5.5 or higher, Netscape® version 6.0
or higher, or America Online® version 7.0 or
higher, with JavaScript, SSL 3.0, and cookies
enabled and the Adobe® Acrobat® Reader®
plug-in installed.
Please be aware that GECF may terminate,
change, suspend or discontinue any aspect of
this Site, including the availability of any
features, at any time. We may also remove,
modify or otherwise change any content,
including that of third parties, on or from
this Site. We may impose limits on certain
features and services or restrict your access
to parts or all of this Site without notice or
liability. We may terminate your use of this
Site at any time in its sole discretion.
These terms apply exclusively to your
access to and use of this Site, and the
products, services and information obtained
through this Site, and do not alter the terms
or conditions of any other agreement you may
have with GECF or its parent, subsidiaries or
affiliates. Please carefully review the
following.
- Proprietary Rights
- User Conduct - General
- User Conduct - Online Communities and
Other Interactive Areas
- Online Communications On and Through
this Site
- Privacy Policy
- Content, Product, and Service
Information - Limitations
- Links and Third-Party Content
- Disclaimers
- Limitation of Liability
- Access to Product and Service
Information
- General
1. Proprietary Rights.
Copyrights. All content on this Site,
including, but not limited to, design, text,
software, technical drawings, configurations,
graphics, files, and their selection and
arrangement ("Content"), is the
copyrighted and/or proprietary property of
GECF or its affiliates or licensors. The
Content may not be modified, copied,
distributed, framed, reproduced, republished,
displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part,
without our prior written permission. You
agree that you will not extract, collect or
harvest, through electronic means or
otherwise, any data or data fields from this
Site, including, but not limited to, GECF
customer identities.
Trademarks. All trademarks on this Site are
either trademarks or registered trademarks of
GECF or its affiliates or licensors and may
not be copied, imitated, or used, in whole or
in part, without our prior written permission
page headers, custom graphics, button icons,
and scripts are service marks, trademarks
and/or trade dress of this Site may not be
copied, imitated, or used, in whole or in
part, without our prior written permission..
Patents. GECFS's products and processes may
be covered by one or more patents and are
subject to other trade secret and proprietary
rights. We reserve all such rights. No
transfer or grant of rights under any patents
or any other proprietary rights is made or is
to be implied by any provision of these terms.
You agree not to infringe upon such rights or
decompile, reverse engineer, or disassemble
any of our products or processes.
Software. Any software, including any
files, images generated by the software, code,
and data accompanying the software
(collectively, "Software"), used or
accessible through this Site may be used by
you solely for accessing and using this Site
for purposes expressly stated on this Site. We
retain full and complete title or license
rights, as the case may be, to all
intellectual property rights in the Software.
You agree not to copy, distribute, sell,
modify, decompile, reverse engineer,
disassemble or create derivative works from
any Software.
2. User Conduct -- General.
In using this Site, you agree:
-
not to disrupt or interfere with the
security of, or otherwise abuse, this
Site, or any services, system resources,
accounts, servers or networks connected to
or accessible through this Site or any
linked Web sites;
-
not to disrupt or interfere with any
other user's use of this Site or any
linked Web sites;
-
not to upload, post, or otherwise
transmit through or on this Site any
viruses or other harmful, disruptive or
destructive files or to otherwise change
or alter any Content;
-
not to use or attempt to use another's
account on this Site or create or use a
false identity on this Site;
-
not to transmit through or on this Site
spam, chain letters, junk mail or any
other type of unsolicited mass e-mail to
people or entities who have not agreed to
be part of such mailings;
-
not to divulge your username(s) or
password(s) to others either on or off
this Site; and
-
not to attempt to obtain unauthorized
access to this Site or portions of this
Site which are restricted from general
access.
3. User Conduct -- Online Communities
and Other Interactive Areas.
This Site may now or in the future contain
areas where you may post and share comments
with other users of this Site on a variety of
subjects. You agree that you will not post or
otherwise disseminate on or through this Site
materials or communications (a) that are
unlawful, harassing, libelous, tortious,
abusive, offensive, threatening, or obscene,
(b) that infringe or violate any third party's
copyright, trademark, trade secret, privacy or
other proprietary or property rights, or (c)
the dissemination of which could constitute a
criminal offense, give rise to civil liability
or otherwise violate any applicable law or
regulation, or (d) that are otherwise
objectionable, including, but not limited to,
materials or communications that evidence
bigotry, racism, sexism, or hatred, or that
promote illegal activities, or physical harm
against anyone. We reserve the right, but will
not have the obligation, to remove any
materials it deems objectionable, in its sole
discretion. You agree to hold harmless GECF
and its affiliates and parties with whom we
have contracted for purposes of hosting or
maintaining this Site from all claims based
upon communications made or materials posted
by you or use by you of this Site.
4. Online Communications On and Through
this Site.
You agree that any communications you
transmit to us or anyone else through this
Site or copyrighted works you post on this
Site, including, but not limited to,
questions, comments, suggestions, ideas,
plans, notes, drawings, configurations,
specifications, purchase orders, quotes or
requests for quotes, performance data, account
information, or other material, data or
information (collectively,
"Information"), are non-confidential
and upon transmission of such Information to
us via e-mail or other means you grant to us
an irrevocable, non-exclusive, royalty-free,
sub licensable, world wide license (including,
but not limited to, a copyright license) to
use such Information in any media for any
purpose in accordance with our Online Privacy
Policy for this Site.
5. Privacy Policy.
You acknowledge and agree that we may
collect, use and disclose the data collected
in the course of your use of this Site in the
manner described in the Online Privacy Policy
for this Site, which is incorporated by
reference as if fully set forth in these
terms. The Online Privacy Policy may change
from time to time and you should check it
frequently.
6. Content, Product and Service
Information -- Limitations.
All Content, including, but not limited to,
data, quote and order information, and product
or service listings, is accurate as of the
date it was posted to the Site, but may change
thereafter, and products and services are
subject to change without notice. GECF does
not guarantee that products or services listed
online will be available at the time of your
order. All Content is subject to the
disclaimers of Section 8 below.
7. Links and Third Party Content.
Links to Other Web Sites. This Site
may from time to time contain links to other
Web sites. These links are provided as a
convenience and do not constitute an
endorsement, sponsorship or recommendation by
GECF of, or an assumption by GECF of
responsibility for, the linked Web sites, any
content, services or products available on or
through such linked Web sites, or the
companies associated with such linked Web
sites.
Links from Other Web Sites. All
links to this Site must be approved in writing
by GECF.
Third Party Content. This Site may
contain material, data or information
provided, posted or offered by third parties
through framing and other technology,
including, but not limited to, general
content, advertisements, product or service
data and tools, or postings in online
community discussions ("Third Party
Content"). You agree that neither we nor
our affiliates (a) will have any liability
whatsoever to you in connection with any such
Third Party Content; or (b) assume any
responsibility for or make any warranty or
representation as to the accuracy, currency,
completeness, reliability or usefulness of any
Third Party Content, including, but not
limited to, framed content, or of any products
or services distributed or made available by
any third parties. Your use of Third Party
Content may also be subject to the terms of
the Third Party Content provider's terms of
use and privacy policy. We do not control,
verify, endorse, or vouch for any Third Party
Content. We are not responsible for the
delivery or quality of any goods or services
sold, advertised or made available by third
parties on this Site or any other Web site.
8. Disclaimers.
THIS SITE AND THE CONTENT ARE PROVIDED ON
AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE AND/OR THE CONTENT
IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES AND ANY LOSS OF DATA
THAT RESULTS FROM YOUR USE OF THIS SITE AND/OR
THE CONTENT.
GECF AND ITS AFFILIATES DISCLAIM ALL
WARRANTIES OF ANY KIND WITH RESPECT TO THIS
SITE AND THE CONTENT, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW.
GECF makes no warranty or representation
that this Site or the Content will meet your
requirements, or that this Site or the Content
will be uninterrupted, timely, secure, or
error free, or that defects, if any, will be
corrected. Furthermore, we make no warranty or
representation as to the results that may be
obtained from your use of this Site or the
Content or as to the accuracy, currency,
completeness, reliability or usefulness of any
information obtained through your use of this
Site or the Content.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL GECF OR ITS
PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE USE OF
OR THE INABILITY TO USE THIS SITE OR ANY
CONTENT, PRODUCTS OR SERVICES CONTAINED ON OR
ACCESSIBLE THROUGH THIS SITE, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS AND LOSS OF
INFORMATION, PROGRAMS OR OTHER DATA, EVEN IF
GECF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU ACKNOWLEDGE THAT THIS IS A
REASONABLE ALLOCATION OF THE RISK ASSOCIATED
WITH YOUR USE OF THIS SITE AND THE CONTENT.
10. Access To Product and Service
Information.
Information regarding products or services
available through this Site, including, but
not limited to, information about your
Productivitysm
Card account available through the Access Your
Account Service, is for your convenience only
and is not intended as a substitute for any
periodic account or billing statements with
respect to such products or services, and
should not be relied upon as such. You agree
that the features and information available
within this Site do not supercede, replace or
otherwise modify the rights or obligations of
you, GECF or its parent, subsidiaries or
affiliates pursuant to the agreement(s)
applicable to such products or services.
11. General.
Applicable Law. These terms will be
governed by and construed in accordance with
the laws of the State of Utah, and the federal
laws of the United States of America, without
giving effect to any conflict of laws
provisions.
Compliance with Laws. You agree that
you are solely responsible for your use of or
activities on this Site, and that you will
comply with all applicable local, state,
federal and international laws and
regulations, including, but not limited to,
United States export restrictions, that relate
to your use of or activities on this Site.
This Site is controlled and operated in the
United States. If you are accessing this Site
from outside the United States, and are
restricted under the laws of your jurisdiction
from doing so, do not access or use this Site.
We make no representation that this Site is
appropriate or available for use outside the
United States.
Miscellaneous. Subject to the terms
of any other agreement(s) applicable to any
products or services accessed or purchased by
you through this Site, these terms constitute
the entire agreement between you and us
governing your use of this Site. Should any
provision in these terms conflict with the
terms of any other agreement applicable to any
products or services accessed, requested or
purchased by you through this Site, the terms
of such other agreement(s) will control with
respect to the products and services to which
such terms apply. Should any provision in
these terms be found to be invalid or
unenforceable for any reason, then that
provision will be deemed severable from these
terms and will not affect the validity or
enforceability of the remaining provisions.
You agree that any claim arising out of or
related to these terms or your use of this
Site must be filed within one (1) year after
it arises.
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