| Terms
of Use
Welcome to Gap Technologies, Inc. This site
is provided by Gap Technologies, Inc. (referred to throughout
this site as "Gap Technologies, Inc.") as a service
to our customers. Please review the following basic rules
that govern your use of our Site (the "Agreement"). Please
note that your use of our Site constitutes your unconditional
agreement to follow and be bound by these Terms and Conditions.
Although you may "bookmark" a particular portion of this Site
and thereby bypass this Agreement, your use of this Site still
binds you to the Terms. Gap Technologies, Inc. reserves the
right to update or modify these Terms and Conditions at any
time without prior notice. Your use of the Gap Technologies,
Inc. Web site following any such change constitutes your unconditional
agreement to follow and be bound by the Terms and Conditions
as changed. For this reason, we encourage you to review these
Terms and Conditions whenever you use this Web site.
| Copyrights and Trademarks |
Unless otherwise noted, all materials, including
images, text, illustrations, designs, icons, photographs,
programs, video clips and written and other materials that
are part of this Site (collectively, the "Contents") are copyrights,
trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by Gap Technologies, Inc., one
of its affiliates or by third parties who have licensed their
materials to Gap Technologies, Inc. and are protected by U.S.
and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content
on this site is the exclusive property of Gap Technologies,
Inc. and is also protected by U.S. and international copyright
laws.
Copyright © 2003 GapTechnologies.com,
Inc. All Rights Reserved.
Gap Technologies, Inc. and its suppliers
and licensors expressly reserve all intellectual property
rights in all text, programs, products, processes, technology,
content and other materials which appear on this Web site.
Access to this Web site does not confer and shall not be considered
as conferring upon anyone any license under any of Gap Technologies,
Inc.'s or any third party's intellectual property rights.
The Gap Technologies, Inc. names and logos
and all related product and service names, design marks and
slogans are the trademarks or service marks of Gap Technologies,
Inc. Stores, Inc. All other marks are the property of their
respective companies. No trademark or service mark license
is granted in connection with the materials contained on this
website. Access to this website does not authorize anyone
to use any name, logo or mark in any manner.
References on this Web site to any names,
marks, products or services of third parties or hypertext
links to third party sites or information are provided solely
as a convenience to you and do not in any way constitute or
imply Gap Technologies,Inc.'s endorsement, sponsorship or
recommendation of the third party, information, product or
service. Gap Technologies, Inc. is not responsible for the
content of any third party sites and does not make any representations
regarding the content or accuracy of material on such sites.
If you decide to link to any such third party web sites, you
do so entirely at your own risk.
This Site and all its Contents are intended
solely for personal, non-commercial use. You may download
or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or
interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You
may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way,
in whole or in part, any of the Contents, the Site or any
related software. All software used on this site is the property
of Gap Technologies, Inc. or its suppliers and protected by
U.S. and international copyright laws. The content and software
on this site may be used only as a shopping resource. Any
other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the
content on this site is strictly prohibited. Gap Technologies,
Inc. ® is a registered trademark of Gap Technologies,
Inc. Stores, Inc. and GapTechnologies.com, Inc.
Users are prohibited from violating or attempting
to violate the security of the Site, including, without limitation,
accessing data not intended for such user or logging onto
a server or an account which the user is not authorized to
access;
| a. |
accessing data not intended for such user
or logging onto a server or an account which the user
is not authorized to access; |
| b. |
attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; |
| c. |
attempting to interfere with service to any user, host
or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing"; |
| d. |
sending unsolicited email, including promotions and/or
advertising of products or services; or |
| e. |
forging any TCP/IP packet header or any part of the
header information in any email or newsgroup posting.
Violations of system or network security may result in
civil or criminal liability. |
Gap Technologies, Inc. will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to
use any device, software or routine to interfere or attempt
to interfere with the proper working of this Site or any activity
being conducted on this site. You agree, further, not to use
or attempt to use any engine, software, tool, agent or other
device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate
or search this Site other than the search engine and search
agents available from Gap Technologies, Inc. on this Site
and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
This Agreement represents the complete agreement
between the parties and supersedes all prior agreementsand
representations between them. If any provision of this Agreement
is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it
enforceable and the other terms of this Agreement shall remain
in full force and effect. The failure of Gap Technologies,
Inc. to act with respect to a breach of this Agreement by
you or others does not constitute a waiver and shall not limit
Gap Technologies, Inc.'s rights with respect to such breach
or any subsequent breaches. This Agreement shall be governed
by and construed under New York law as such law applies
to agreements between New York residents entered into and
to be performed within New York. Any action or proceeding
arising out of or related to this Agreement or your use of
this Site must be brought in the state or federal courts of
New York.
| User Reviews, Comments, Feedback, Postcards and Other Submissions |
All reviews, comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted
or offered to Gap Technologies, Inc. on or by this Site or
otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, the "Comments")
shall be and remain Gap Technologies, Inc.'s property. Such
disclosure, submission or offer of any Comments shall constitute
an assignment to Gap Technologies, Inc. of all worldwide rights,
titles and interests in all copyrights and other intellectual
properties in the Comments.
Thus, Gap Technologies, Inc. will own exclusively
all such rights, titles and interests and shall not be limited
in any way in its use, commercial or otherwise, of any Comments.
Gap Technologies, Inc. will be entitled to use, reproduce,
disclose, modify, adapt, create derivative works from, publish,
display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you
in any way.
Gap Technologies, Inc. is and shall be under
no obligation
| 1. |
to maintain any Comments in confidence;
|
| 2. |
to pay to user any compensation for any Comments; or
|
| 3. |
to respond to any user Comments. |
You agree that any Comments submitted by
you to the Site will not violate this policy or any right
of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s), and will not cause
injury to any person or entity. You further agree that no
Comments submitted by you to the Site will be or contain libelous
or otherwise unlawful, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings or any form of "spam".
Gap Technologies, Inc. does not regularly
review posted Comments, but does reserve the right (but not
the obligation) to monitor and edit or remove any Comments
submitted to the Site. You grant Gap Technologies, Inc. the
right to use the name that you submit in connection with any
Comments. You agree not to use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin
of any Comments you submit. You are and shall remain solely
responsible for the content of any Comments you make and you
agree to indemnify Gap Technologies, Inc. and its affiliates
for all claims resulting from any Comments you submit. Gap
Technologies, Inc. and its affiliates take no responsibility
and assume no liability for any Comments submitted by you
or any third party.
You agree to defend, indemnify and hold Gap
Technologies, Inc. harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site.
These terms are effective unless and until
terminated by either you or Gap Technologies, Inc. You may
terminate this Agreement at any time, provided that you discontinue
any further use of this Site. Gap Technologies, Inc. also
may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site,
if in Gap Technologies, Inc.'s sole discretion you fail to
comply with any term or provision of this Agreement. Upon
any termination of the Agreement by either you or Gap Technologies,
Inc., you must promptly destroy all materials downloaded or
otherwise obtained from this Site, as well as all copies of
such materials, whether made under the terms of use or otherwise.These
terms are effective unless and until terminated by either
you or Gap Technologies, Inc. You may terminate this Agreement
at any time, provided that you discontinue any further use
of this Site. Gap Technologies, Inc. also may terminate this
Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in Gap Technologies,
Inc.'s sole discretion you fail to comply with any term or
provision of this Agreement. Upon any termination of the Agreement
by either you or Gap Technologies, Inc., you must promptly
destroy all materials downloaded or otherwise obtained from
this Site, as well as all copies of such materials, whether
made under the terms of use or otherwise.
THIS SITE IS PROVIDED BY GAP
TECHNOLOGIES, INC. ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GAP TECHNOLOGIES, INC MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, GAP TECHNOLOGIES, INC DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, GAP TECHNOLOGIES, INC DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE
GAP TECHNOLOGIES, INC WEB SITE, THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY
PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY
TO YOU.
UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, SHALL GAP TECHNOLOGIES, INC.
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THE GAP TECHNOLOGIES,
INC. WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF GAP TECHNOLOGIES, INC.
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL GAP TECHNOLOGIES, INC. BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Copyright © 2003 Gap Technologies, Inc.
All Rights Reserved.
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