GECORPORATEFINANCIALSERVICES.COM USAGE AGREEMENT
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
DISCLAIMER: The GECorporateFinancialServices.com website ("Site") covers a variety of topics on financial products and services. Although some of the information involves tax, legal, accounting or similar issues, neither the companies offering the products or services nor their agents or affiliates are in the business of offering such advice nor can be viewed as offering such advice on the Site. Advice on such matters must fit your particular circumstances. Consequently, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, accounting or investment aspects of any information presented on this Site and how they may affect your particular situation.
The information contained on this Site is inherently limited in scope and may change without notice. The information also does not contain all of the applicable terms, conditions, limitations or exclusions of the products or services described and does not cover all issues, topics or facts that may be relevant to your goals.
By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the Site.
This Site is not directed to or intended for individuals under 18 years of age.
TERMS OF USE
PARTIES: GECFS Corporate Financial Services, Inc. ("Operator" or "GECFS"), is the commercial operator of this Site, although software, hosting and other functions and content may be provided by Operator's service providers ("Service Providers"), other companies affiliated with Operator ("Affiliates"), or merely in a business relationship with Operator ("Business Partners"). Operator's Service Providers, Affiliates and Business Partners are intended third-party beneficiaries of these Terms of Use.
PROPRIETARY RIGHTS:
Copyrights. This Site, including all Materials,
design, text, HTML code, software, technical drawings, configurations, graphics,
other files, and their coordination, selection and arrangement are copyrighted
by Operator, its Service Providers, Affiliates or Business Partners and are
protected by worldwide copyright laws and treaty provisions. All rights are
reserved. You agree to comply with all copyright laws worldwide in your use
of this Site and to prevent any unauthorized copying of the Materials. You may
not prepare derivative works based upon such content, nor may such content be
modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any means, in whole
or in part, without prior written permission of the copyright owner. No such
activity may be competitive with or derogatory to Operator, its Service Providers,
Affiliates or Business Partners and no such express or implied right is granted.
All copyright or other proprietary notices must be kept intact. You may not
distribute any of the content of any of the Site to any other person unless
that person accepts all obligations under these Terms. Any copyright owner consent
may be revoked at any time, and such consent does not include consent to republish
Site information on any other Internet, Intranet or Extranet site or to incorporate
the information in any other database or compilation, unless expressly given
in writing. Any other use of the content of this Site is strictly prohibited.
You further 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 personally identifiable information of any other user of the Site,
or the names of customers Operator or its Affiliates, Services Providers, or
Business Partners.
Trademarks. Trademarks, service marks, logos,
certification marks, collective marks or trade dress (collectively "Trademarks")
appearing in this Site are the property of Operator, Service Providers, Affiliates
or Business Partners. No such Trademarks may be copied, imitated, or used, in
whole or in part, without prior written permission of the owner of the relevant
Trademark. All page headers, custom graphics, button icons, and scripts are
Trademarks owned by Operator, Service Providers, Affiliates or Business Partners
which may not be copied, imitated, or used, in whole or in part, without the
relevant owner's prior written permission. No rights to use any Trademarks are
granted under these Terms. Certain company names and products mentioned on the
Sites may be claimed as Trademarks by their respective owners, who may not be
affiliated with Operator, Service Providers, Affiliates or Business Partners.
Patents. Some products and processes used or
referenced on the Site may be covered by, or may be subject to, one or more
patents or may be subject to other trade secret and proprietary rights. Operator,
Service Providers, Affiliates and Business Partners reserve all such rights.
You agree not to infringe upon such rights or decompile, reverse engineer, or
disassemble any of the products or processes on the Site.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site or in an applicable written document, provided that such uses are not competitive with or derogatory to Operator or its Service Providers, Affiliates or Business Partners. Operator and its Service Providers, Affiliates and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works based upon any Software.
LIMITED LICENSE: Subject to the terms and conditions
set forth in this Agreement, GECFS grants you a non-exclusive, non-transferable,
limited, revocable right to access, use and display this Site and the materials
thereon ("Materials") on your computer monitor. or to download Materials
that are offered for download at this Site only for your internal use. This
authorization is not a transfer of title in the Materials or copies of the Materials
and is subject to the restrictions:
DISCLAIMER: THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. GECFS DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY COMPATIBILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GECFS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
GECFS DOES NOT WARRANT THAT THIS SITE, OR THE INFORMATION OR MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MATERIALS WILL BE UPDATED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, AND GECFS DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SITE MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. GECFS MAY MAKE FINANCIAL AND OTHER INFORMATION AVAILABLE THROUGH THIS SITE. IN SOME CASES, THE INFORMATION MAY BE AUDITED. IN MOST CASES IT WILL NOT HAVE BEEN AUDITED. THE INFORMATION IN THIS SITE ALSO MAY ATTEMPT TO PREDICT TRENDS. PREDICTIONS OBVIOUSLY MAY OR MAY NOT PROVE TO BE ACCURATE. GECFS CONSIDERS PORTIONS OF THIS WEB SITE TO BE FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF 1933, AS AMENDED, SECTION 21E OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED AND THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AS AMENDED. FORWARD-LOOKING STATEMENTS ARE INHERENTLY SUBJECT TO RISKS AND UNCERTAINTIES, MANY OF WHICH CANNOT BE PREDICTED WITH ACCURACY AND SOME OF WHICH MIGHT NOT EVEN BE ANTICIPATED. FUTURE EVENTS AND ACTUAL RESULTS, FINANCIAL AND OTHERWISE, MAY DIFFER MATERIALLY FROM THE RESULTS DISCUSSED IN THE FORWARD-LOOKING STATEMENTS. FACTORS THAT MIGHT CAUSE SUCH A DIFFERENCE INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: (1) INTEREST RATES, (2) LOCAL MARKET CONDITIONS, (3) GOVERNMENTAL LAWS AND REGULATIONS RELATED TO YOUR BUSINESS OR THE BUSINESS OF GECFS, AND GENERAL ECONOMIC CONDITIONS.
LINKS TO THIRD-PARTY SITES: As a convenience to you, GECFS may provide, on this Site, links to websites operated by other entities. If you follow those links, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. GECFS makes no warranty or representation regarding, and does not endorse, approve of, sponsor or recommend any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that GECFS or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyrighted material of General Electric Company, GECFS, or any of their affiliates or subsidiaries. Any such site may contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements and postings in online community discussions. You agree that neither Operator nor its Service Providers, Affiliates nor Business Partners shall have any liability whatsoever to you for any such third party material, data or information.
LINKS FROM OTHER WEBSITES. All links to the Site must be approved in writing by Operator, except that Operator consents to links in which: (i) the link is a text-only link containing only the name "GECorporateFinancialServices.com" or the URL "http//www.GECorporateFinancialServices.com"; (ii) the link "points" only to http://www.GECorporateFinancialServices.com and not to deeper pages; (iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Operator or its Service Providers, Affiliates or Business Partners nor be such as to damage or dilute the goodwill associated with the name and trademarks of Operator or its Service Providers, Affiliates or Business Partners. Operator reserves the right to revoke this consent to link at any time in its sole discretion.
INFORMATION PROVIDED BY YOU: GECFS does not want you to, and you should not, send any confidential or proprietary information to GE via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to GECFS via the Site will not be considered confidential or proprietary. Except as otherwise provided in our Privacy Policy or in a separate contract, you agree that by providing any such information or materials to GECFS, you grant to GECFS an unrestricted, perpetual, nonexclusive irrevocable, worldwide, royalty-free sublicensable license to make, transfer, modify, adapt, use, sell, reproduce, prepare derivative works, display, publicly perform, transmit and distribute such information and materials, and you further agree that GECFS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to GECFS. You further recognize that GECFS does not want you to, and you warrant that you shall not, provide any information or materials to GECFS that are inaccurate, unauthorized, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.
Privacy Policy. Operator's Privacy Policy, incorporated by this reference, describes the type of information Operator and its Business Partners, Service Providers and Affiliates collect when you visit the Site and how they use that information. Please see our Privacy Policy for more information.
USER CONDUCT: In using the Site, you agree not to:
(a) disrupt, interfere with or compromise the security
of, or otherwise abuse, the Site, or any services, system resources, accounts,
servers or networks connected to or accessible through the Site or affiliated
or linked websites;
(b) disrupt or interfere with any other user's enjoyment of the Site or affiliated
or linked websites;
(c) upload, post, or otherwise transmit through or on the Site any viruses or
other harmful, disruptive or destructive files;
(d) use or distribute tools designed for compromising security (e.g., password
guessing programs, cracking tools or network probing tools) or which otherwise
unduly burden the system (e.g., spiders and similar probing tools).
LIMITATION OF DAMAGES: IN NO EVENT SHALL GECFS OR ANY OF ITS AFFILIATES,
SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS AND DIRECTORS BE LIABLE TO ANY ENTITY (OTHER THAN OPERATOR) FOR ANY
INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED
TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS
OF THE SITE OR ANY LINKED WEBSITE, EVEN IF GECFS IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF GECFS
OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CIONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY, REGARDLESS
OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE
AMOUNT OF THE FEES PAID OR EXPECTED TO BE EARNED IN CONNECTION WITH ANY PRODUCT
OR SERVICE OUT OF WHICH THE LIABILITY AROSE, OR THE SUM OF TEN THOUDSAND U.S.
DOLLARS ($10,000) WHICHEVER IS LESSER.
INDEMNITY: You will indemnify and hold GECFS, its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents, officers,
directors, and contractors (the "Indemnified Parties") harmless from
any breach of this Agreement by you, including use of Materials other than as
expressly authorized in this Agreement or any allegation that information or
materials that you provide infringes the intellectual property or other rights
of any third party. You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and you agree to indemnify
any and all resulting loss, damages, judgments, awards, costs, expenses, and
attorneys' fee of the Indemnified Parties in connection therewith. You will
also indemnify and hold the Indemnified Parties harmless from any claims brought
by third parties arising out of your use of the information accessed from this
Site.
CHANGES IN TERMS: GECFS reserves the right, at its sole discretion, to
change, modify, add or remove any portion of this Agreement in whole or in part,
at any time. Changes in this Agreement will be effective when notice of such
changes has been posted provided that Registered Users will receive individual
notice. Your continued use of the Site after any changes to this Agreement are
posted constitutes acceptance of those changes.
Operator, Service Providers, Affiliates and Business Partners may terminate,
change, modify, remove, suspend or discontinue any aspect of the Site, including
the availability of any features or content of the Site under their control,
at any time. GECFS may also impose limits on certain features and services or
restrict your access to parts or all of the Site without notice or liability.
GECFS may terminate the authorization, rights and license given above and, upon
such termination, you shall immediately destroy all copies of any Materials
in your possession or control. Operator may also without liability: (a) remove,
modify or otherwise change any user's Site access for material breach of this
Agreement; (b) supplement or make changes to its user access or security procedures
with notice to Registered Users; and (c) change the type or location of Operator
equipment, facilities or software used by it in providing access provided that
no such action shall have the effect of amending or otherwise affecting the
parties' respective obligations under any contract with Operator. All obligations
created before termination shall survive termination.
VIOLATIONS, ILLEGAL CONDUCT: If you violate, or become involved in any violation of, system security, GECFS reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. GECFS reserves the right to investigate suspected violations of this Agreement.
GECFS also reserves the right to fully cooperate with any law enforcement authorities,
or comply with any court order or subpoena requesting or directing GECFS to disclose
any information required or permitted by law concerning a user or registered
user of the Site. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GECFS
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GECFS DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER GECFS OR LAW ENFORCEMENT AUTHORITIES.
INTERNATIONAL USERS AND CHOICE OF LAW: This Site is controlled, operated
and administered by GECFS from its offices within the United States of America.
GECFS makes no representation that materials at this Site are appropriate or
available for use at other locations outside of 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 Materials in violation of U. S. export laws
and regulations. If you access this Site from locations outside of the United
States, you are responsible for compliance with all local laws. This Usage Agreement
shall be deemed entered into in the State of New York, and is governed by the
laws of the State of New York, without giving effect to its conflict of laws
provisions. You agree that the exclusive jurisdiction and venue for any action
arising out of or relating to the GECFS Site or the Materials, your use of the
GECFS Site, or this Agreement shall be in the state or federal courts in New
York City, New York, and you agree to be subject to jurisdiction in such courts
for purposes of such actions.
GENERAL TERMS: This Agreement constitutes the entire agreement between
GECFS and you with respect to your use of the Site and the Materials and supersedes
all prior and contemporaneous communications relating thereto. No modification
of this Agreement shall be effective unless signed in blue ink by an officer
of GECFS or posted by GECFS on this Site. These Terms are not intended to alter
the terms or conditions of any other agreement you may have with Operator or
its Service Providers, Affiliates or Business Partners to the extent that those
agreements govern issues other than your use of this Site, nor any agreements
that they may have with one another. Any cause of action you may have with respect
to your use of the Site must be commenced within one (1) year after the claim
or cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of the Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
effect the intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect. Any alleged waiver of any breach of this
Agreement shall not be deemed a waiver of any future breach.
English Language. The parties agree that there shall be no requirement
to translate any of the Site, or any portion thereof or content thereon, into
any other language than the one in which they appear, and that all contractual
and transactional communications shall be in the English language, and that
there shall be no requirement to translate any communication into any other
language.
Last updated: February 1, 2002.
PRIVACY POLICY: GECorporateFinancialServices.com Web site Privacy Policy is located on the Site.