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GE Money Web Site Usage Agreement
This
web site, the gemoneyterms.com site (the "Site"), is provided by GE Money Bank (“GEMB”). The Site may
be used for obtaining information about GEMB products.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS SITE, OR ACCESSING, USING AND/OR UPLOADING INFORMATION TO THE SITE. YOU AGREE ON YOUR OWN BEHALF AND ON
BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ARE ACTING, TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS THE PRIVACY POLICY
AS SUPPLEMENTED OR MODIFIED BY GEMB FROM TIME TO TIME, FOR EACH USE AND ACCESS OF THIS SITE. THESE TERMS AND CONDITIONS APPLY
EXCLUSIVELY TO YOUR USE AND ACCESS OF THE SITE. NOTHING HEREIN IS INTENDED TO, NOR DOES IT, ALTER, MODIFY OR CHANGE THE TERMS
AND CONDITIONS OF ANY EXISTING AGREEMENT YOU HAVE WITH GEMB.
Please note that these Terms and Conditions
contain waivers by you of certain rights you may have against GEMB and its affiliates.
If you do not agree to
abide by these terms and conditions or any future terms and conditions, please do not use the Site or download materials from
the Site.
To access, retain and print these terms or other Web pages on this site for your records, you will need:
an Internet Browser which supports HTML 4.0 and SSL-encryption, such Microsoft Internet Explorer 4.0 or later, with JavaScript,
SSL 3.0, and cookies enabled and the Adobe® Acrobat® Reader® plug-in installed; a means to print or store notices
and information through your browser software; and a personal computer or equivalent device capable of connecting to the Internet
via dial-up, DSL, Cable Modem, Wireless Access Protocol, or equivalent, and that supports the foregoing requirements.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any
other agreement you may have with GEMB, including any credit card account agreement with GEMB.
RESTRICTIONS
ON USE:
In order to use the Site, you must be: (i) At least 18 years old, and (ii) a resident of the United
States. If you do not satisfy these restrictions on use, please do not use the Site or download materials from the Site.
LIMITED LICENSE:
Subject to the terms and conditions set forth in this Agreement, GEMB grants
you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials there on. You agree
not to interrupt or attempt to interrupt the operation of the Site in any way.
GEMB authorizes you to view and
download the information ("Materials") at the Site for your personal, non-commercial use. This authorization is
not a transfer of title in the Materials and copies of the Materials is subject to the following restrictions: - You must retain, on
all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials
- You
may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for
any public or commercial purpose, and
- You must not transfer the Materials to any other person.
Copyrights. You agree to abide by all additional restrictions
displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected
by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the
Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, GEMB does not grant any
express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Trademarks.
All trademarks on this Site are either trademarks or registered trademarks of GEMB or its affiliates or licensors and may
not be copied, imitated or used, in whole or in part, without our prior written permission. Page headers, custom graphics,
button icons, and scripts are service marks, trademarks and/or trade dress of this Site and may not be copied, imitated or
used, in whole or in part, without our prior written permission.
USER CONDUCT:
In
using the Site, you agree: - Not to disrupt or interfere with 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 web sites;
- Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites;
- Not
to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
- Not to use or attempt to use or access another person's account or personal information, or create or use a false
identity on the Site;
- Not to attempt to obtain unauthorized access to the Site or portions of the Site which are
restricted from general access; and
- Not to use any robot, spider or other automatic device, or manual process to
monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the site including, but not
limited to, personally identifiable information of any other user of the site, or the names of customers of GEMB or its affiliates.
GEMB MAY MAKE CHANGES TO THE
SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
GEMB DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GEMB ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED
BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM
DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED
BY THE NEGLIGENCE OF GEMB, ITS AFFILIATES, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE, THE INFORMATION AND
MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
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.
THIRD-PARTY SITES:
As a convenience to you, GEMB may provide,
on the Site, links to web sites operated by third parties. GEMB hereby disclaims liability for any information, materials,
products or services posted or offered at any of the third party web sites linked to this site. If you use these sites, you
will leave the Site. If you decide to visit any linked site, 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. GEMB makes no warranty or representation regarding,
and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described
thereon. 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 GEMB nor its affiliates,
business partners or service providers shall have any liability whatsoever to you for any such third party material, data
or information.
Links from Other Web Sites. All links to this Site must be approved in writing
by GEMB.
INFORMATION PROVIDED BY YOU:
GEMB does not want you to, and you should not, send
any confidential or proprietary information to GEMB via the Site, except for certain information requested in an application
for a GEMB account or in connection with customer service. You further recognize that GEMB does not want you to, and you warrant
that you shall not, provide any information or materials to GEMB that are defamatory, threatening, obscene, harassing, or
otherwise unlawful, or that incorporates the proprietary material of another.
LIMITATION OF DAMAGES:
IN NO EVENT SHALL GEMB OR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT,
SPECIAL, 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 GEMB IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GEMB, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GEMB AND YOU. THIS SERVICE
AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN CONTAINED
APPLY REGARDLESS OF THE FORM OF ATCTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL
SURVIVE THE TERMINATION OF YOUR USE OR ACCESS TO THE SITE, A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL
PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.
CHANGES:
GEMB 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 is posted on the Site. Your continued use of the Site after
any changes to this Agreement are posted will be considered acceptance of those changes. GEMB may terminate, change, suspend
or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. GEMB may remove,
modify or otherwise change any content, including that of third parties, on or from the Site. GEMB also may impose limits
on certain features and services or restrict your access to part or all of the Site without notice or liability. GEMB may
terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all
Materials. GEMB may terminate your use of the Site at any time in its sole discretion.
ACCESS TO PRODUCT
AND SERVICE INFORMATION.
Information regarding products or services available through this Site is for your
convenience only and is not intended as a substitute for any periodic account or billing statement with respect to such products
and services, and should not be relied upon as such. You agree that the features and information available within this Site
do not supercede, replace or otherwise modify the rights or obligations of you, GEMB or its parent, subsidiaries or affiliates
pursuant to the agreement(s) applicable to such products or services.
INTERNATIONAL USE AND CHOICE OF
LAW:
The Site is controlled, operated and administered by GEMB from its offices within the United States of
America. Access to the Site from territories where its contents are illegal is prohibited. GEMB's Web Site Usage Agreement
shall be governed by the laws of the State of New York and the federal laws of the United States of America, without giving
effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to
the personal and exclusive jurisdiction of the state and federal courts located in New York. This Agreement constitutes the
entire agreement between GEMB and you with respect to the terms of usage for the Site. 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 this Agreement or portion thereof to be invalid or unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder
of this Agreement shall continue in full force and effect.
COPYRIGHT NOTICES.
Except as
otherwise noted on this web site, the contents of this web site are copyrighted © 2010 by GE Money Bank. All rights are
reserved. No part of the materials on this web site, including web site text, graphics and html code, may be reproduced or
transmitted in any form by any means without the express written consent of GEMB.
MISCELLANEOUS.
Subject to the terms of any other agreement(s) applicable to any products or services accessed or obtained by you from
us, these terms constitute the entire agreement between you and us governing your use of this Site. Should any provision in
these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or obtained
by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such
terms apply. Should any provision in these terms be found to be invalid or unenforceable for any reason, then that provision
will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions.
You agree that any claim arising out of or related to these terms or your use of this Site must be filed within one (1) year
after it arises.
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