Effective date: April 1, 2016.
LICENSE AND OWNERSHIP
GSG grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Site and Content only in the manner presented by GSG, and (b) access and use the GSG computer and network services offered within the Site (“GSG Systems”) only in the manner expressly permitted by GSG. Except for this limited license, GSG does not convey any interest in or to the GSG Systems, information or data available via the GSG Systems (the “Information”), Content, Services, Site or any other GSG property by permitting you to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information found or accessed via the Site may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of GSG. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by GSG.
RESTRICTIONS ON THE USE OF THE SITE
(a) You shall not disguise the origin of information transmitted through the Site.
(b) You will not place false or misleading information on the Site.
(c) You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by GSG.
(d) You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or that infringes the Intellectual Property rights of another.
(e) You may not use or access the Site in any way that, in GSG’s judgment, adversely affects the performance or function of the Site interferes with the ability of authorized parties to access the GSG Systems, Services or the Site.
Any software available for download via the Site is the copyrighted work of GSG and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. GSG cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
The Site may contain “case studies” describing scenarios where GSG customers benefitted from GSG’s services and expertise. Because no two customers are alike, these case studies should only serve as examples of other customers’ experiences, and thus may differ from your experience.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the “Digital Millennium Copyright Act”) to GSG’s designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
GSG’s agent for notification of claimed copyright infringement is our General Counsel, 212-602-1183, fax: 203-549-0476, [email protected].
LIMITATION OF LIABILITY
SUBMISSIONS TO THE SITE
You agree to indemnify and hold harmless GSG from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys’ fees and costs, incurred by the GSG in connection with any claim by a third party (including any intellectual property claim) arising out of (i) Submissions that you communicate, submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. GSG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of GSG. You further agree to indemnify and hold harmless GSG from any claim arising from a third party’s use of information or materials of any kind that you post on the Site.
LINKS TO THIRD PARTY SITES
USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to use the Site only for lawful purposes. You are prohibited from any use of the Site, including the Content, Services, GSG Systems, which would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. GSG makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree that GSG, in its sole discretion, may terminate or suspend the use of the Site, GSG Systems, Services, and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site, or Content. Accessing the Site, GSG Systems or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that GSG shall not be liable to you or any third party for any termination or suspension of your access to the Site, GSG Systems and/or the Services.
Failure by GSG to enforce any provision(s) of this Agreement shall not be as a waiver thereof. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by GSG, shall be exclusively brought in the federal, state, or local courts located in the State of Missouri, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Services, GSG Systems and its Information, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.
If you have questions regarding the Agreement or the practices of GSG, please contact us by e-mail, telephone or postal mail:
GSG FINANCIAL LLC
53 West 36th Street, Suite 701
New York, NY 10018