Agreement Between GBC and the User
GBC reserves the right, at its sole discretion, to change, modify, edit, add or remove terms of this Agreement at any time without notice. While we will endeavor to post such changes and modifications, changes shall be effective immediately. GBC may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
The GBC Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of GBC and GBC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GBC is not responsible for linking, sharing, webcasting or any other form of transmission received from any Linked Site. GBC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GBC of the site or any association with its operators. Your Interactions or communications through the GBC Site with any party other than GBC are solely between you and that third party.
If you operate a web site and wish to link to the GBC Site, you may link either to our home page or to any other page or sub-domain of the Site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent from GBC. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, bots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site
The Services on the GBC website are not intended for users under the age of 13, and GBC does not knowingly collect personally identifiable information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their personally identifiable information to us, and from using the Site’s public areas. Any information submitted by such users will not knowingly be used, posted, or retained by GBC.
Content, Copyrights, Trademarks
All of the content, information, services, images, technology and software displayed on, transmitted through, or used in connection with the Site, including articles, opinion, advertising, directories, guides, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Site, and including the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”), are: Copyright GBC. or third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
All Content is protected by copyright, and owned or controlled by GBC or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. If you have any questions about whether your Content is protected by copyright and the steps to take to secure a registration of a copyright in your Content you should consult with an attorney. To the extent that copyright protection exists in your Content, you will retain ownership on such copyright when you submit Content to our site, subject to certain licenses granted to us and/or parties who wish to use your Content, as more particularly described herein.
All of the Content made available on the Site or in connection with the Services is intended for your personal, noncommercial use. You are responsible for adhering to such limitations if you download the materials. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Other than as expressly provided in this Agreement, no other use is permitted.
You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from GBC.
In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site. The Content includes logotypes, trademarks, visual representations and service marks owned by GBC and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by GBC.
No compensation will be paid with respect to the use of your Submission, as provided herein. GBC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GBC’s sole discretion.
The names of actual companies and products mentioned on the Site may be the trademarks of their respective owners. No association with, or endorsement of, any real company, organization, product, person, or event is intended or should be inferred.
Requests to use the Content for any purpose other than as permitted should be directed to the appropriate GBC publisher; if you are unsure, please contact email@example.com. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Site, please contact us immediately and we will address the situation.
Any rights not expressly granted herein are reserved.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Submissions and User-Created Content
You hereby acknowledge that any Content you submit may be edited, removed, modified, published, transmitted, and displayed by GBC, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights (as that term is understood in copyright law) you may have in having the Content altered or changed in a manner not agreeable to you.
By submitting Content to the Site, you hereby grant to GBC, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant GBC the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Such Content (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
Anything in this Section 3 to the contrary notwithstanding, all such uses of the Content shall be attributable to you, unless you indicate in writing at the time of posting the Content that you do not wish attribution. You understand and agree that we shall not be liable in any way whatsoever for the inadvertent failure to attribute Content to you or the failure of any of our members to attribute Content to you.
You understand and agree that others may use your Content and therefore license all of our present and future site visitors and herby grant to such site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in this agreement. The Content posted by others on our web sites is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content except as specified below. In this regard, you may only make one machine readable copy, one backup copy and one print copy of the pages in the web sites. You acknowledge and agree that all other copying and archiving , whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes without prior written permission from GBC. All other rights are reserved.
Apart from those designated sections of our web sites that provide for user submissions of Content, GBC, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication. GBC, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.
The GBC Site may contain forums, comment sections, bulletin boards and other such interactive areas, which are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of the Site and the volume of messages and postings, while GBC will make every effort to be aware of how the Site is being used, we cannot and do not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, names, company, e-mail address, phone number, social media profiles) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. We shall not be liable for the use or misuse of any information or data, including personal information that is included in your posted Content.
GBC is not responsible for maintaining your posted Content and we may delete or destroy it at any time in our absolute and sole discretion with no liability or obligation to you of any sort.
Use of Registration Data
The GBC Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain specific Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to register for GBC events, subscribe to GBC publications, or to enter into a sweepstakes or promotion. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
You agree that any registration data you provide may be shared by GBC with select third party business partners, unless you state a preference not to be contacted. GBC shall inform its partners if you state a preference not to be contacted. However, GBC shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloses your registration data to any third party.
By using the site, you agree that GBC, its advertisers, business partners, or their designees may disclose registration data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: you have registered to receive any third party products or services, or have otherwise authorized such disclosure; or such disclosure is required by law or legal process.
Account Login and Passwords
To accessing and utilize various GBC Site features, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify GBC of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
GBC cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at GBC’s sole discretion, and GBC may refer you to appropriate law enforcement agencies.
Representation and Warrantees
You expressly agree that use of the Site and the Services is at your own risk. Neither GBC, nor any of their affiliates, employees, agents, partners, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the Content or the results that may be obtained from use of the Site.
None of GBC, their affiliates, employees, agents, content providers and licensors shall be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Site or its content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, or any interruptions, delays in transmission or computer viruses.
GBC is a distributor of content and information with regard to content supplied by third-party suppliers and users and, as such, we have no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of GBC. GBC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
Fees and Payments
GBC does reserves the right to charge fees for access to portions of the Site or particular Services offered at any time. However, in no event will you be charged for access to these Services unless we obtain your prior agreement to pay such charges. All new fees, if any, will be displayed in locations on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including charges for any products or services offered for sale through the Site by GBC or by any other vendor or service provider. Any and all fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
With respect to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site and the Services provided: (a) you shall have no rights to such software; (b) you may not sublicense, assign or transfer any licenses granted by GBC, and any attempt at such sublicense, assignment or transfer shall be null and void; (c) you may make one copy of such software for archival purposes only; and (d) you may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Any software that is made available to download from the Site is the copyrighted work of GBC’s suppliers. Use of such software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with such software. End users shall not install or use any such software that is accompanied by or includes an end-user license agreement unless the end user first agrees to the license agreement terms. Any such software is not available to users in territories where its distribution is prohibited by law.
The Site is controlled, operated and administered by GBC from its offices within the United States. GBC makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Indemnity and Limitations of Liability
GBC may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of this Agreement. Termination of this Agreement for any reason, will not affect survival of those provisions of this Agreement for which survival is equitable or appropriate. Termination may take place without notice.
This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
The failure of GBC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
Official correspondence must be sent via postal mail to:
GroundBreak Carolinas, LLC
10 Gilder Point Ct
Simpsonville, SC 29681
I have read and I understand this agreement and agree to be bound by all of its terms.
Any rights not expressly granted herein are reserved by GroundBreak LLC.