ACCEPTANCE OF TERMS
By using portal.ganconference.com, a Great America Networks Conferencing, LLC. Site, you agree to be bound by the following Terms and Conditions. This is a legally binding agreement. Before using our services, you must read the Terms and Conditions carefully. If you are unable to agree to them, then you must not use the website. If you agree to them you will required to click the "I accept" checkbox during registration process.
This Site and the Services provided are controlled and operated by Great America Networks Conferencing, LLC. from its offices in Illinois in the United States. Great America Networks Conferencing, LLC. makes no representations that any information, offerings or Services provided through the Site are available for use outside the United States.
The Site includes information about Great America Networks Conferencing, LLC., its products and its services and allows you to purchase those products and/or services through an online account. Collectively, the information, the ability to purchase products or services and other software features on the Site are referred to in this document as the "Services." Great America Networks Conferencing, LLC. may alter or terminate the Site or Services in whole or in part at any time at its sole discretion. Great America Networks Conferencing, LLC. reserves the right to modify or suspend your access to the Site or the Services at any time without notice to you. Great America Networks Conferencing, LLC. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. Great America Networks Conferencing, LLC. also reserves the right to refuse to offer the Services to anyone at any time without prior notice.
To use the Site and Services, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. You will also need equipment and a modem or another access device. Great America Networks Conferencing, LLC. currently uses SSL technology on some Site pages to help protect information that passes over the Internet. You must have certain browser capabilities to take advantage of this encryption technology.
To purchase products or services from Great America Networks Conferencing, LLC., you must register and create an account on the site, portal.ganconference.com. You are required to provide your name, phone number and e-mail address. You will also be required to provide your credit card billing address and credit card information, if you are paying by credit card. If paying by invoice we will require your mailing address, name and phone number of the person responsible for paying invoices. You must contact us in advance to secure approval for invoicing. After submitting this information, you will have created an account which includes a login ID and password. You agree that you are responsible for the security of your password and for any activity that occurs as a result of you enabling or permitting someone else to use your password. You agree to immediately notify Great America Networks Conferencing, LLC. by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your account or of any other breach of security that might affect the Services. Great America Networks Conferencing, LLC. is not responsible for any loss or damage arising from your failure to comply with the security provisions of this section.
The following descriptions of the Services we provide are intended as general information may not be complete descriptions of all the terms, conditions and exclusions applicable to the services offered by Great America Networks Conferencing, LLC.. You assume all responsibility and risk for your use of the information provided on the Site. It is your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on the Site.
All products and services described in these pages are provided subject to applicable tariffs and any accompanying terms and conditions, which may be obtained from Great America Networks Conferencing, LLC.. If you purchase any products or services from Great America Networks Conferencing, LLC., you understand that such purchase is subject to Great America Networks Conferencing, LLC's standard terms and conditions.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS OR SERVICES OFFERED BY GREAT AMERICA NETWORKS CONFERENCING, LLC. ARE PROVIDED SUBJECT TO GREAT AMERICA NETWORKS CONFERENCING, LLC.'S TERMS AND CONDITIONS. GREAT AMERICA NETWORKS CONFERENCING, LLC. OFFERS NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH YOUR USE OF THE SITE. INFORMATION PROVIDED ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHASE COM INC. DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THERE ARE SOME STATES THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GREAT AMERICA NETWORKS CONFERENCING, LLC. MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, UP TO DATE, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
EXCLUSIONS AND LIMITATION OF LIABILITY SECURITY MEASURES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREAT AMERICA NETWORKS CONFERENCING, LLC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CHASE COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL GREAT AMERICA NETWORKS CONFERENCING, LLC.'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $100.
By providing Great America Networks
Conferencing, LLC. with your credit card information, you are authorizing Great
America Networks Conferencing, LLC. to bill your credit card for services
provided. Great America Networks Conferencing, LLC. will automatically bill
your credit card for each audio or web conference call at the rate posted for
your account on the Account Manager pages of the Site.
In the event of a price change, we will provide you with advanced notice. International rates often change without notice. Any features or upgrades to our Services will be provided to you on terms and prices generally available to the public or as otherwise agreed by us in writing. All fees, billing and payment will be in United States dollars only. All payments hereunder are exclusive of all taxes. You agree to pay any taxes, whether federal, state, local, municipal and usage fee that may be imposed upon or with respect to the Services performed hereunder, exclusive of taxes on Great America Networks Conferencing, LLC.' net income. A monthly surcharge may apply to all accounts not paid by automatic credit card billing.
CONDUCT ON THE SITE
You agree to not use the Site to:
Interfere with or disrupt the Site, the hardware, software or networks connected to the Site, or any other users of the Site;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
Upload, post, e-mail or otherwise transmit any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited marketing; or (v) that contains software viruses or similar harmful components or routines;
Use the Site for or offer any information on the Site to any third party or use or exploit any portion of the Site to provide any commercial services to third parties;
Use the Site in violation of any applicable local, state, national or international law or regulation; or
Reference any e-mail accounts provided as part of the Site in any e-mail or online posting which violates these Terms and Conditions.
USE BY CHILDREN
Great America Networks Conferencing, LLC. does not solicit the use of the Site by minors. However, Great America Networks Conferencing, LLC. cannot prevent such use and cannot prevent minors from visiting the Site. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials are suitable for such children to view.
Great America Networks Conferencing, LLC. requires that use of this Site be made either by: (a) individuals 18 years old or older; or (b) individuals under 18 years of age under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such use, including the collection by Chase Com Inc. of certain information in accordance with these Terms and Conditions.
INTELLECTUAL PROPERTY AND COPYRIGHT INFORMATION
All content included on the Site, including, without limitation, all text, graphics, logos, button icons, images, audio clips, and software ("Content") and the compilation of the Content, is the property of Great America Networks Conferencing, LLC. or its content suppliers and protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited. Great America Networks Conferencing, LLC. reserves all other rights.
Certain Content is reprinted with the permission of the authors or other owners of the copyright in such Content ("Third Party Content"). The ideas and concepts in any Third Party Content are solely those of the respective authors and not of Great America Networks Conferencing, LLC.. Great America Networks Conferencing, LLC. does not endorse, warrant, guarantee or otherwise certify any Third Party Content in any application or usage.
The Services may include links to other World Wide Web sites ("Linked Sites"). You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Great America Networks Conferencing, LLC. with respect to the providers of the Linked Sites or the quality, reliability or any other characteristic or feature of the Linked Sites and Great America Networks Conferencing, LLC. is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the Linked Sites, including without limitation, the content provided on or through the Linked Sites or your reliance thereon. Great America Networks Conferencing, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITES: YOUR USE OF ANY LINKED SITES IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of the Linked Sites is subject to the terms and conditions applicable to that site.
You agree to hold harmless and indemnify Great America Networks Conferencing, LLC. and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms and Conditions.
"SAFE HARBOR" STATEMENT
Under the Private Securities Litigation Reform Act of 1995, certain statements contained herein are forward looking statements that involve risks and uncertainties. These risks include, but are not limited to, product demand and market acceptance risks, the impact of competitive products and technologies, competitive pricing pressures, product development, excess and obsolete inventory due to new product development, commercialization and technological delays or difficulties, the effect of Great America Networks Conferencing, LLC.' accounting policies, the effect of economic conditions and trade, legal, social, and economic risks (such as import, licensing and trade restrictions). Great America Networks Conferencing, LLC. undertakes no obligation to release publicly the result of any revisions to these forward looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated event.
JURISDICTION AND VENUE
You and Great America Networks Conferencing, LLC. agree that this Agreement and the relationship between you and Great America Networks Conferencing, LLC. will be governed by the laws of the State of California, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Great America Networks Conferencing, LLC. will rest exclusively in the courts of Santa Barbara County and the federal court for the Western Division of the Central District of California.
PRACTICES REGARDING INFORMATION STORAGE
You understand and agree that Great America Networks Conferencing, LLC. shall have no liability for the deletion or failure to store any information, content or data transmitted using the Site. You agree that Great America Networks Conferencing, LLC. may gather system data, which may include data regarding memory usage, navigation, screen resolution, color palettes, connection speed, efficiency and the like.
The Terms and Conditions constitute the entire agreement between you and Great America Networks Conferencing, LLC. and govern your use of the Site and Services. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Great America Networks Conferencing, LLC. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Great America Networks Conferencing, LLC. to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
Great America Networks Conferencing, LLC.
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