gpEasy Terms of Service

 

  1. Acceptance of Terms

    gpEasy provides a collection of online resources (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS"). By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. In addition, when using particular gpEasy services, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with gpEasy in any way, your only recourse is to immediately discontinue use of gpEasy. gpEasy has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.

    You may use gpEasy to browse, locate, and download Content (defined as postings, messages or other written text, data files, applications, software, music, audio files, photographs, videos or other images). Some of the Content hosted by gpEasy may be offered by gpEasy while others may be made available by third-parties not affiliated with gpEasy. You agree that gpEasy is not responsible for Content on gpEasy that originates from a source other than gpEasy. Additionally, some Content may be made available to you at no charge while other Content may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on gpEasy.

    In order to use gpEasy you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use gpEasy.

  2. Modifications to this Agreement

    We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

  3. Content

    Content posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that gpEasy does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

    Furthermore, the gpEasy site and Content available through the Service may contain links to other websites, which are completely independent of gpEasy.  gpEasy makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will gpEasy be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

    You acknowledge that gpEasy does not pre-screen or approve Content, but that gpEasy shall have the right (but not the obligation) in its sole discretion to refuse, delete, remove, change or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

    gpEasy reserves the right to display advertisements and attribution links on sites hosted by gpEasy.com.

  4. Your Use of the Service

    You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Service. You must immediately notify gpEasy of any unauthorized uses of your account or any other breaches of security. gpEasy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

    In order to access certain services in the Service, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to gpEasy will always be accurate, correct and up to date.

    You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations and sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control. By using the Service, you represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of Content.

    You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You agree that you will not use any of the Content found on the Service in a way that interferes or disrupts any servers, networks, or websites operated by gpEasy or any third-party.

    Unless you have been specifically permitted to do so in a separate agreement with gpEasy, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

    You agree that you are solely responsible for (and that gpEasy has no responsibility to you or to any third party for) your use of the Service and any Content, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which gpEasy may suffer) of any such breach.

    You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service or the purchase of Content through the Service, and that the reporting and payment of any such applicable taxes are your responsibility.

    You agree that gpEasy and/or third parties own all right, title and interest in and to the Service and the Content available through the Service, including without limitation all applicable Intellectual Property Rights in the Content. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Content, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Content, (iii) use the Content to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter gpEasy's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Content.

    gpEasy reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. However, you agree that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Service at your own risk.

  5. Third Party Content, Sites, and Services

    The gpEasy site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of gpEasy, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

    Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

    You agree that gpEasy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that gpEasy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release gpEasy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  6. Notification of Claims of Infringement

    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify gpEasy's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

    abuse@gpeasy.com
    or:
    Copyright Agent
    gpEasy
    223 W Kent
    Missoula, MT 59801

    Please provide our Agent with the following Notice:

    a) Identify the material on the gpEasy site that you claim is infringing, with enough detail so that we may locate it on the website;

    b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

    d) Your address, telephone number, and email address; and

    e) Your physical or electronic signature.

    gpEasy will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

  7. Privacy and Information Disclosure

    You acknowledge and agree that gpEasy may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of gpEasy, its users or the general public.

  8. Conduct

    You agree not to post, email, or otherwise make available Content:

    a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

    b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

    c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    d) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

    e) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

    f) that impersonates any person or entity, including, but not limited to, a gpEasy employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

    g) that includes personal or identifying information about another person without that person's explicit consent;

    h) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

    i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    j) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

    k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the gpEasy sites which are not designated for such purposes; or emailed to gpEasy users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

    l) that includes links to commercial services or web sites, except as allowed in "services";

    m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.

    o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

    q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

    r) that employs keywords in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others

    Additionally, you agree not to:

    s) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

    t) "stalk" or otherwise harass anyone;

    u) collect personal data about other users for commercial or unlawful purposes;

    v) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by gpEasy;

    w) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

    x) attempt to gain unauthorized access to gpEasy's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the gpEasy website; or

    y) use any form of automated device or computer program that enables the submission of postings on gpEasy without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

  9. Payment and Renewal

    Optional paid services ("Upgrade") are available on the Service. By selecting an Upgrade you agree to pay gpEasy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

    Unless you notify gpEasy before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

  10. Posting Agents

    A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on gpEasy's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from gpEasy.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from gpEasy.

  11. No Spam Policy

    You understand and agree that sending unsolicited email advertisements to gpEasy email addresses or through gpEasy computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  12. Limitations on Service

    You acknowledge that gpEasy may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that gpEasy has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that gpEasy reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that gpEasy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  13. Access to the Service

    gpEasy grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.  This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by gpEasy.

    A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

    gpEasy permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOS, absent express permission granted by gpEasy to do so.  You may also create a hyperlink to the home page of gpEasy sites so long as the link does not portray gpEasy, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

    gpEasy offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators.  gpEasy permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'gpEasy' as the source, (d) your use or display does not suggest that gpEasy promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden gpEasy's systems.  gpEasy reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

    Use of the Service beyond the scope of authorized access granted to you by gpEasy immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from gpEasy.

  14. Termination of Service

    You agree that gpEasy, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if gpEasy believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that gpEasy shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination.  Sections 2, 4, 6 and 10-16 shall survive termination of the TOS.

  15. Property Rights

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of gpEasy. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of gpEasy, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

    Although gpEasy does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to gpEasy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant gpEasy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

  16. Disclaimer of Warranties

    YOU AGREE THAT USE OF THE GPEASY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GPEASY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, GPEASY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GPEASY SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, GPEASY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GPEASY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GPEASY SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, GPEASY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GPEASY SITE OR THE SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  17. Limitations of Liability

    UNDER NO CIRCUMSTANCES SHALL GPEASY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GPEASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GPEASY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GPEASY SITE OR THE SERVICE, FROM INABILITY TO USE THE GPEASY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GPEASY SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GPEASY SITE OR THE SERVICE OR ANY LINKS ON THE GPEASY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GPEASY SITE OR THE SERVICE OR ANY LINKS ON THE GPEASY SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

  18. Indemnity

    To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless gpEasy, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Service, including your downloading, installation, or use of any Service, or your violation of these Terms.

  19. General Information

    The TOS constitute the entire agreement between you and gpEasy and govern your use of the Service, superceding any prior agreements between you and gpEasy.

    The failure of gpEasy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  20. Feedback

    We welcome your questions and comments on this document in the gpEasy feedback forum:

    http://www.gpeasy.com/index.php/Special_Contact

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