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Terms of Service

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.

  1. Proprietary Rights
  2. User Conduct - General
  3. User Conduct - Online Communities and Other Interactive Areas
  4. Online Communications On and Through this Site
  5. Privacy Policy
  6. Content, Product, and Service Information - Limitations
  7. Links and Third-Party Content
  8. Disclaimers
  9. Limitation of Liability
  10. Access to Product and Service Information
  11. 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:

  1. 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;

  2. not to disrupt or interfere with any other user's use of this Site or any linked Web sites;

  3. 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;

  4. not to use or attempt to use another's account on this Site or create or use a false identity on this Site;

  5. 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;

  6. not to divulge your username(s) or password(s) to others either on or off this Site; and

  7. 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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