Effective February 23, 13
Welcome to the Internet site ( the "Site") of Giving To Extremes ("GTE"). GTE is a medical charity that funds surgical missions to impoverished nations around the globe. It does this by bringing together two remarkable and dedicated groups of people who are eager to take on a challenge: athletes and medical volunteers. GTE helps athletes establish a fundraising mechanism, the funds generated by which will be used to allow medical volunteers to travel to international sites to perform life-changing surgeries. GTE is grateful that you have visited our site and hope you will share our commitment to our mission and join this journey to help transform lives across the world.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING GTE'S SITE. By using this Site or by clicking a box that states that you accept or agree to these terms ("TOU" or "terms"), you signify your agreement to these terms. These terms apply to you if you are a charity, donor, event organizer, event registrant or any other user of the site and/or services (collectively, "users" or "you"). These terms apply not only to your use of the Site but also to your relationship with any all services available on or through the site or otherwise provided by GTE (collectively, the "Services"). If you do not agree to these terms, you may not use GTE's Site or its Services. Please contact GTE if you have any questions about GTE's terms or anything else on the Site.
Rules for All Donations
For all donations made on or through the Site , all users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct entity for fundraising, volunteering, donating, or registering; (iii) all donations to GTE are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through payment networks selected by GTE; and (v) all donations are final and non-refundable.
Fees for Donations
There are no fees associated with GTE Services.
In general GTE does not require their fundraisers/participants to agree to raise a certain amount of money ("Fundraising Minimum") for Charities and/or Events through which funds are raised ("Fundraising Events"). However, in certain instances, such as marathon teams, there will be a Fundraising Minimum. Users subject to the Fundraising Minimum are required to agree that they will raise the Fundraising Minimum by a certain date ("Fundraising Minimum Deadline."). Any shortfall between the actual amount raised and the Fundraising Minimum ("Fundraising Minimum Makeup") will be automatically charged to the user's credit card on the date of the Fundraising Minimum Deadline. The user's credit card will be authorized for the full amount of the Fundraising Minimum at the time they agree to be subject to the Fundraising Minimum; however, the card only will be charged in the event of a Fundraising Minimum Makeup. The Charity or Event that requires its users to agree to a Fundraising Minimum solely are responsible for authorizing the charge for the Fundraising Minimum Makeup. Any issues, disputes or questions related in any way to a Fundraising Minimum, Fundraising Minimum Deadline and/or Fundraising Minimum Makeup are between the applicable user and the Event or Charity. The user, Event, or Charity all expressly agree that GTE shall have no responsibility or liability related in any way to Fundraising Minimums.
You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") with respect to GTE or its Services without GTE's prior written consent. If we consent, you take full responsibility for the Promotion, and you agree that: (i) such Promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the Promotion; (iii) you may not use the GTE name, logo or any other GTE intellectual property in the rules or any other materials relating to the Promotion, without GTE's express written permission; (iv) such Promotion does not require making a donation as the only way to enter; (v) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which you reside; (vi) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; and (vii) such Promotion does not violate any applicable laws, rules or regulations.
You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Site: (i) GTE does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases GTE from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to GTE.
You will indemnify and hold GTE harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Promotion including without limitation the publicity or administration thereof. If you do not agree to these terms, you may not publicize or administer a Promotion on the Site.
From time to time, GTE will offer Promotions on the Site that will be subject to the Official Rules posted for the applicable promotion. If you enter or otherwise participate in such Promotion, you agree to be subject to the applicable Official Rules if you enter or otherwise participate in any of those promotions.
Ownership of the Site, Site information and Services; Intellectual Property Rights
The Site and Services are expressly owned and operated by GTE. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by GTE or its affiliates, if any, or are licensed by GTE from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site, Services or Site Information may be reprinted, republished, modified, or distributed in any form without GTE's express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site Services or any of the Site Information.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits GTE or our licensors, that dilutes the strength of GTE's property or our licensor's property, or that otherwise infringes on GTE's or our licensor's intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. We reserve any rights not expressly granted by these terms or any applicable end-user license agreements.
Site, Services and Site information Are Provided As Is; Use of Site
The Site Services and the Site Information are provided "as is". Your use of the Site, Services, and the Site Information is at your own risk. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time.
You understand that GTE cannot and does not guarantee or warrant that files, if any, available for downloading from the Site or through the Services will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards").
Eligibility to Use the Site and the Services; Children
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these TOUs. In any case, you affirm that you are over the age of 13, as the Site and the Services are not intended for or directed to users under the age of 13. If you are under the age of 13, you only may use Site and Services with permission from your parents or guardians. GTE does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to GTE. If a child under 13 submits information through any part of Site or Services, and GTE becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or GTE has reasonable grounds to suspect that such information is inaccurate, GTE may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
You may need a username and password to use certain features of the Site and Services and you may create certain URLs when you establish a profile page, project page or charity. By selecting a user name and any particular URL you agree that you will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that GTE, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify GTE immediately of any unauthorized use of your password or account or any other breach of security. GTE assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. GTE has the right to reclaim any user names or URLs for any reason.
Acceptable and Lawful Use of Site
When you are using the Site and/or the Services, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates these terms. You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively "User Generated Content").
Any personal information, computer information, User Generated Content or other information that you provide to GTE in connection with the use of the Site shall not:
- be obscene or indecent;
- contain any Hazards;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- be defamatory, libelous, unlawfully threatening or unlawfully harassing; and create any liability for GTE or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers.
You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding use of the Site and Services, including without limitation laws and regulations relating in any way to the sale or resale of tickets.
This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the "Interactive Features"). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:
- engage in any conduct that, in GTE's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Site or Services;
- use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks GTE uses to provide the Site or Services;
- gain unauthorized access to the Site, or any account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;
- use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Site or Services for fundraising activities is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without GTE's written consent, except that using the Site or Services for fundraising activities is expressly permitted;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person.
GTE shall have the right, but no obligation, to monitor the content on the Interactive Features to determine compliance with these terms and any other operating rules we establish. GTE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Interactive Features of the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content. GTE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Interactive Features, whether it is provided by GTE, our employees, or a third party.
Under no circumstances will GTE be liable for any loss or damage of any kind caused by reliance on information obtained through the Interactive Features of the Site or Services. GTE is not responsible for any offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in GTE's sole discretion is inappropriate, objectionable or in violation of these terms.
Any user who feels that a posted message is objectionable is encouraged to contact GTE immediately. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither GTE nor any third party content provider shall assume or have any liability for any action or inaction by GTE or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
GTE is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 ("Communications Decency Act") and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Interactive Features as provided by the terms of the Communications Decency Act.
Ownership of User Generated Content
You retain all ownership rights to User Generated Content submitted on the Site or through the Services. However, by submitting your User Generated Content to GTE, you hereby grant GTE the following worldwide, royalty-free, non-exclusive, sub-licenseable and transferable rights and licenses:
- to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums as part of the services GTE provides;
- to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
- to use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these terms.
The foregoing licenses granted by you shall not terminate once you remove or delete your User Generated Content from the Site or Services. Consequently, even if you delete your User Generated Content from the Site or Services, it may still exist in GTE back-up copies or if other people have made copies of it before it was deleted. You understand and agree, that GTE may retain, display, distribute, or perform, server copies of your videos that have been removed or deleted by you should GTE so choose.
Suspension or Termination of Your Use of the Site
Your failure to follow the requirements of these terms may result in suspension or termination of your access to the Site or Services, without notice, in addition to GTE's other remedies. GTE further reserves the right to terminate, without notice and in its sole discretion, any user's access to or use of the Site for any reason. No Endorsement of Links to Other Web Sites
Any links to other websites are provided as merely a convenience to you. This Site and the Services may provide links or references to other websites but GTE has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.
You understand that, except for information, products or services clearly identified as being supplied by GTE, we do not operate, control or endorse any information, products or services on the Internet in any way. GTE does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
You agree to indemnify, defend and hold GTE and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) your use, misuse or abuse of the Site, Services or the Site Information, (ii) your breach of any provision of these terms or (iii) arising from a user's participation in the Fundraising Event itself. You will cooperate as fully as reasonably required in GTE's defense of any claim. GTE 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 matter without GTE's written consent.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GTE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. GTE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION.
GTE, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE GTE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS ARISING FROM A USER'S PARTICIPATION IN THE FUNDRAISING EVENT ITSELF.
YOU UNDERSTAND THAT YOUR PARTICIPATION IN FUNDRAISING ACTIVITIES, INCLUDING BUT NOT LIMITED TO, RUNNING, CYCLING, MOUNTAIN CLIMBING, SWIMMING, AND OTHER ACTIVITIES INVOLVING PHYSICAL EXERTION, ARE INHERENTLY ASSOCIATED WITH RISK OF BODILY INJURY, PROPERTY DAMAGE OR IN SOME CASES, DEATH. CONSEQUENTLY, YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, INJURIES OR LOSSES THAT YOU MAY SUSTAIN OR INCUR IN ANY WAY WHILE ATTENDING OR PARTICIPATING IN A GTE FUNDRAISING EVENT. GTE IS NOT IN ANY WAY LIABLE TO YOU FOR ANY INJURY, DAMAGE TO PROPERTY, HOSPITALIZATION, OR DEATH, RESULTING FROM YOUR PARTICIPATION IN A GTE FUNDRAISING EVENT. YOU AGREE NEVER TO INSTITUTE ANY SUIT OR ACTION AT LAW AGAINST GTE FOR ANY INJURY, DAMAGE TO PROPERTY, HOSPITALIZATION, OR DEATH, RESULTING FROM YOUR PARTICIPATION IN A GTE FUNDRAISING EVENT.
Disclaimer Concerning Tax Deductible Nature Of Donations
GTE makes no representation as to whether all or any portion of your donations, including, if any, processing fees, (collectively, "Donations") are tax deductible. GTE will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any GTE user or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
The Security of the Site
GTE maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our volunteers', fundraisers', donors' and Charities' information. For example, for the security of your online visit to the Site, GTE may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while GTE strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, GTE will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to GTE, you are communicating with us electronically. You consent to receive communications from GTE electronically. GTE may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that GTE provides to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction and Governing Law
We make no representations that the Site, Site Information, the Services or products offered through Site are appropriate, available or legal in any particular location. Those who choose to access the Site, Site Information, or the Services and products offered through Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware and any action based on or alleging a breach of these terms must be brought in a state or federal court located in Delaware, and both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Interstate Nature Of Communications Using GTE Site
When you use the GTE site, you acknowledge that in using this site, given the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to GTE's TOU, you acknowledge that use of the site results in interstate data transmissions.
Site is for Use in the United States
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of Site, by visiting the Site, using the Services and/or providing GTE with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Conflict with Other Agreements
These terms are in addition to, and do not nullify, any other agreement between you and GTE or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these terms and any other agreement between you and GTE, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Digital Millennium Copyright Act; Copyright Complaints
GTE respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. GTE may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or our network that infringes upon the copyright rights of others. GTE also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others' copyrights, GTE may in its sole discretion terminate those individuals' rights to use the Site or our network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify GTE's copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Policy Regarding Use of GTE Trademarks
The trademarks, logos, and service marks ("Marks") displayed on the Site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that GTE sponsors or with which we are otherwise affiliated. GTE's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without GTE's express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without GTE's express written consent.
Modification of the Terms
In GTE's sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the Site. The date of the most recent revision will appear at the top of this page. If GTE has a working email contact for you and the changes to the Terms are material, GTE may notify you of such changes by sending you an email to the address you have provided to us. GTE encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in GTE's sole discretion and as posted to the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions.
GTE also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. For example, GTE may post additional rules to participate in a Promotion. Your continued use of the Site constitutes your agreement to comply with these additional rules.
Miscellaneous Other Provisions
In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Terms.
If GTE fails to enforce any parts of these Terms, it will not be considered a waiver.
These Terms make up the entire agreement between you and GTE regarding the Site and supersede any prior agreements.
These Terms do not confer any third party beneficiary rights.
You will not transfer any of your rights or responsibilities under these Terms to anyone without GTE's express written permission.
GTE may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent GTE from complying with the law.