GFC Terms and Conditions 

The Gordon Flesch Company, Inc. (“GFC”) makes available the content of this website (“Site”) subject to the following terms and conditions. By accessing and/or using this Site, you agree to be bound by the terms and conditions set forth in these Terms of Use (“Terms of Use”). GFC reserves the right to modify these Terms of Use from time to time, without notice to you, at GFC’s sole discretion. These Terms of Use do not modify or amend in any way, any of the terms and conditions of any agreement you may have with GFC, unless such agreement specifically references all or a portion of this Site or the links contained herein.

Copyright

You should assume that the content on this Site is the property of GFC or its business partners or suppliers and that all such content is protected by applicable copyright laws. You may not use the content of this Site, or a portion of such content in any manner whatsoever, without prior written consent for such use from the owner of such content, whether GFC or otherwise.

Trademarks

All trademarks, service marks, trade dress, logos and slogans (collectively, the "Trademarks") used and displayed on this Site, whether such Trademarks are registered, pending, or otherwise claimed as intellectual property by GFC or its business partners or suppliers, are the intellectual property of GFC or its business partners or suppliers. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written consent for such use from the owner of such trademark(s), whether such owner is GFC or otherwise.

Links to Third Party Sites

As a convenience for you, GFC provides links to third party sites. The third party sites are not under the control of GFC, and GFC is not responsible for the content, services, products, warranties, agreements, transactions, or any activity connected to the linked sites or links contained in a linked site, or any changes or updates to such third party sites. GFC providing links to third party sites does not constitute or imply an endorsement by GFC of the third party, the third party site, or the products and/or services referenced therein. GFC disclaims any liability with respect to your use of any third party site, and you hereby release GFC from any liability related to your use of any link to a third party site or your use of any other web site. Third party sites are likely to be subject to the terms of use for that site.

DISCLAIMER OF WARRANTY

THIS SITE AND ITS CONTENT IS PROVIDED BY GFC ON AN "AS IS" BASIS WITHOUT WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE CONDITION, QUALITY, DATA ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, WORKMANSHIP, MERCHANTABILITY, DESIGN, SECURITY OR OPERATION, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT YOUR USE OF THE SITE SHALL BE UNINTERRUPTED OR ERROR FREE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY YOU. YOU ACKNOWLEDGE AND AGREE THAT BY YOUR USE OF THIS SITE, YOU AGREE THAT SUCH USE IS MADE AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GFC, ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY THIS SITE, THE USE OF THIS SITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, OR ARISING FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Indemnification

You agree to indemnify, defend, and hold GFC, its affiliates, agents, employees and its successors and assigns harmless from and against any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Content

This Site may contain errors or omissions in relation to descriptions of products, services, reliability, capacity, pricing or availability. GFC reserves the right to discontinue the sale or lease of any product or service listed on this Site at any time and without notice to you and GFC may correct any errors or omissions and modify or update information in this Site at any time without prior notice to you. GFC may modify, suspend or terminate the operation of this Site, the availability of any product or service without notice to you.

Information Gathered and Cookies

GFC gathers information regarding users of this Site in order to provide users with a more efficient and more useful experience. GFC will maintain the privacy of the information gathered and will not make it available to anyone without the user’s permission. Some of the information gathered by this Site is accomplished using cookies, a commonly used method to track website use. A cookie is a small data file written by a website to a user’s hard drive. The cookie allows the website to track the activity of users on a website, revealing patterns and assisting the website owner in creating a more useful and more efficient website experience. A cookie contains personal information about the website user but only information provided by the website user. GFC does not correlate the information gathered with cookies with information about individual users of this Site. GFC will not share any such information with others.

Account

If you have a registered account for use of this Site, you are responsible for maintaining the confidentiality of your username and password and you hereby accept responsibility for all activities that occur in connection with your account or under your username and password. GFC reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit this Site with respect to your account.

Modifications to Terms of Use

GFC may from time to time modify these Terms of Use without notice. Your use of this Site following the date on which such modifications to these Terms of Use are posted or published on this Site, shall constitute your acceptance of all such modifications. You expressly agree that GFC shall have no obligation to provide you with any notice of any modifications, and you hereby expressly waive any right you may have to receive notice of any such modifications.

Governing Law and Jurisdiction

This Site is maintained and controlled by GFC from its offices in the state of Wisconsin. You and GFC agree that these Terms of Use and all matters relating to your access to or use of this Site shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to any conflicts of laws principles. For the purpose of resolving conflicts relating to or arising out of this Site or these Terms of Use, or arising out of any other dispute or claim associated with GFC, you agree that proper venue shall be in Dane County, Wisconsin, and you hereby consent to the exclusive jurisdiction of the federal and state courts in Dane County Wisconsin. GFC makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing such materials where such content is illegal or is prohibited. Use of this Site is unauthorized where it is in violation of any legal limitations or requirements.

Privacy Policy

The Gordon Flesch Company, Inc. Privacy Policy, located here governs the manner in which GFC handles information provided by you in connection with the GFC IT Services.

 

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