Terms of Use

LEGAL NOTICE

Agreement to Terms of Use and Ownership of the Site
These Terms and Conditions of Use (the “Terms of Use”) apply to the GPIK web site located at www.gpik.net, and all associated sites linked to www.gpik.net by GPIK, its subsidiaries and affiliates (collectively, the “Site”).  The Site is the property of GPIK, LLC, (“GPIK”) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

GPIK reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with these Terms of Use, GPIK grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Intellectual Property
Unless otherwise noted all product names, designs, text, graphics, titles, user interfaces, trademarks, logos, audio, video and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, within this Site are the trademarks, service marks, trade names, copyrights or other property of GPIK (“GPIK Intellectual Property”). All other unregistered and registered trademarks are the property of their respective owners. Except as otherwise stated within nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GPIK’s Intellectual Property displayed on the Site without the written permission of GPIK.

Permission is granted to display, copy, distribute and download the materials displayed on the Site for non-commercial, informational, or personal use only, provided that the materials are not modified and that all copyright and other proprietary notices contained in the materials are preserved. References to and copies of the materials displayed on the site in a personal blog is permitted provided that the materials are not modified and that all copyright and other proprietary notices contained in the materials are preserved. You may not, however, reproduce, modify, transmit, reuse, re-post, translate, encode or distribute (including “mirroring”) GPIK’s Intellectual Property to any other computer, server, Web site or other medium for any commercial purpose, without GPIK’S express prior written permission. Changes periodically are made to the information contained in this Site.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any of GPIK’s Intellectual Property, or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  Gpik reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of GPIK, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GPIK on or through the Site or any service offered on or through the Site.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GPIK or others.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.  You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.  If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

GPIK’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

GPIK may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.  The materials on the Site with respect to products and services may be out of date, and GPIK makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Privacy
Gpik’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Unaffiliated Sites
This Site may contain links to sites not owned by GPIK or its affiliates (“Linked Sites”).  GPIK does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.  GPIK has not reviewed all material linked to the Site and is not responsible for the content of any such material.  Your linking to any other is at your own risk.

Disclaimers
THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  GPIK CAN CHANGE THE INFORMATION ON THE SITE WITHOUT NOTICE.  GPIK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  GPIK assumes no responsibility, and disclaims any and all liability for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any Linked Sites.  GPIK disclaims any an all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any GPIK services.  You assume total responsibility for your use of the Site and any Linked Sites.  Your sole remedy against GPIK for dissatisfaction with the site or any content is to stop using the site or any such content.  This limitation of relief is part of the bargain between the parties.  The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

GPIK reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
In no event shall GPIK or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.  Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold GPIK, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any losses, claims, damages, awards, penalties, injuries, demands, liability, or expenses (including attorneys’ fees), made against GPIK by any third party due to or arising out of or in connection with your use of the Site.

Communication with this Site;  Violation of These Terms of Use
At no time can you post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  GPIK may disclose the identity or help identify or locate anyone posting any such information or materials if GPIK determines that it is necessary to do so in the connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GPIK’s rights or property, or the rights or property of visitors to or users of the Site, including GPIK’s customers.  GPIK reserves the right at all times to disclose any information that GPIK deems necessary to comply with any applicable law, regulation, legal process or governmental request. GPIK also may disclose your information when GPIK determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. GPIK cannot prevent the “harvesting” of information from this Site, and you may be contacted by GPIK or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of GPIK, may or may not be posted to this Site at the sole discretion of GPIK and may be used by GPIK or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, GPIK is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Although GPIK may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site GPIK is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. GPIK assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

You agree that GPIK may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to GPIK, for which monetary damages would be inadequate, and you consent to GPIK obtaining any injunctive or equitable relief that GPIK deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GPIK may have at law or in equity.

You agree that GPIK may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If GPIK does take any legal action against you as a result of your violation of these Terms of Use, GPIK will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GPIK. You agree that GPIK will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be interpreted and construed according to, and governed by, the laws of the United States and by the laws of the State of Florida excluding any such laws that might direct the application of the laws of another jurisdiction. You agree that the state and federal courts in Leon County, Florida, shall have jurisdiction to hear any dispute under this agreement and you hereby waive any objection to such jurisdiction or venue.

In the event any dispute or controversy arising out of or relating to this Site, the parties agree to exercise their best efforts to resolve the dispute as soon as possible.  No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GPIK and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void where prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GPIK reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and GPIK with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and GPIK with respect to such use are hereby superseded and cancelled. GPIK will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. GPIK’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by GPIK of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between GPIK and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.