4. Disclaimers of Warranties
Web Site. THIS WEB SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Products, Programs and Services. Products, programs and services sold by GL Seaman & Company, or its affiliates, through the GL Seaman Web Site are subject to the terms, warranties and representations, if any, outlined in the GL Seaman & Company Terms and Conditions provided to each client at the execution of a transaction. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, PROGRAM OR SERVICE SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. Furthermore, termination, return or cancellation of any product, program or service and refunds, if any, are governed by the applicable manufacturers web site and the GL Seaman & Company terms and conditions.
THESE DISCLAIMER OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GL SEAMAN WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
5. Limitation of Liability
Web Site. NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE GL SEAMAN WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE GL SEAMAN WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE GL SEAMAN WEB SITE EXCEED US$100.
(a) This site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
(b) You may only provide a hypertext link to the GL Seaman Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "glseamancompany.com" or "www.glseamancompany.com"; (b) the link must "point" to the URL "www.glseamancompany.com" and not to other pages within the GL Seaman Web Site; (c) the link, when activated by a user, must display the GL Seaman Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
7. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the GL Seaman Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the GL Seaman Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks or "spam" or similar unsolicited mass e-mailing techniques.
8. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site and your purchase of the items on the site. You must be 18 years or older to use this web site.
9. User Content, User Communications, Feedback and Submissions
(A) Interactive Areas. Our website may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas") in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with the GL Seaman Website, you agree not to submit, publish, distribute, or transmit through the GL Seaman Website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. You also agree that you will not submit, publish, distribute, or transmit anything through this web site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted or content contained on the GL Seaman Web Site and we are not liable for any information posted on the GL Seaman Web Site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the GL Seaman Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by GL Seaman or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release GL Seaman & Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against GLS by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
(F) User Content submitted by you will be considered non-confidential and GL Seaman is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, GL Seaman reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. GL Seaman & Company is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to GLS. GL Seaman & Company shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
11. Termination of Usage
13. Governing Law and Jurisdiction
14. Other General Provisions