Terms & Conditions

1. INTRODUCTION

These terms of use (“Terms of Use”) are a legal and binding agreement between you and Gulbrandsen Technologies, Inc. (referred to herein as “Gulbrandsen Technologies,” “GTI” “we,” “us,” or “our”) governing your access to and use of the website located at www.gulbrandsentechnologies.com (the “Website”), or any associated content, features, functionality, offers, material or service made available through the Website (the “Website Content”). The terms “you” and/or “your” refer to any visitor of the Website.

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE AND THE WEBSITE CONTENT, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT VISIT THE WEBSITE OR USE THE WEBSITE CONTENT.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS OF USE INDICATE YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH BELOW WORKS.

2. MODIFICATIONS

We may revise the Terms of Use at any time and in our sole discretion. We will provide notice of any such modification, which notice will, at a minimum consist of posting notice of the revised Terms of Use on our Website. Unless otherwise indicated, any changes will become effective upon posting to the Website, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms of Use. You should visit the Website periodically because your continued use of the Website following the posting of any modifications to the Terms of Use will mean you accept such modifications. If you do not agree to the amended terms, you must stop using the Website and the Website Content. If any modification to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use.

3. Use/Ownership/Intellectual Property Rights

We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to access and use the Website and the Website Content solely for your personal, non-commercial use in accordance with these Terms of Use.

The Website, the Website Content, and all our software, systems, code, technology, and know-how (“Gulbrandsen Technologies”) are owned by and licensed to us and our licensors and vendors, and are protected by United States and foreign intellectual property laws. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Website and the Website Content (collectively, the “Marks”) are owned by or licensed to us and protected by United States and foreign intellectual property laws. You agree that we and our licensors own and retain all right, title, and interest (including all intellectual property rights) in and to the Website, the Website Content, the Marks, and the Gulbrandsen Technologies (collectively, the “Gulbrandsen Technologies Intellectual Property”), and that no interest therein is transferred to you.

Except as expressly provided, nothing herein shall confer any grant or license of any Gulbrandsen Technologies Intellectual Property Rights, whether by estoppel, by implication, or otherwise. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivate works from, upload, transmit, or distribute the Gulbrandsen Technologies Intellectual Property in any way without our or the appropriate third party’s prior written permission.

You are authorized to view and download a single copy of certain Website Content provided you retain all copyright and other proprietary notices contained in the original Website Content on any copy you make of the Website Content.

4. Restrictions on Use

You may not:

  • sell, reproduce, distribute, or publicly perform or display the Website or the Website Content;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Website or the Website Content;
  • prepare derivative work based on the Website or the Website Content.
  • remove, obscure, or modify any copyright, trademark, or other proprietary rights notices, Marks, or labels contained on or within the Website or the Website Content;
  • use the Website or the Website Content for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • post, transmit, submit or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind;
  • submit or post any false or misleading information;
  • attempt to gain unauthorized access to any accounts, servers, features, systems, or networks through hacking, password mining, or any other means;
  • access data not intended for you;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • violate, infringe, misappropriate the publicity, privacy, or other proprietary rights of us, our licensors, or any other person related to the Website or the Website Content.
  • attempt to interfere with service to any user of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing;”
  • send unsolicited e- mail, including promotions and/or advertising of products or services;
  • forge any Gulbrandsen Technologies packet header or any part of the header information in any e-mail or newsgroup posting;
  • distribute or otherwise publish, without our approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
  • solicit other users of the Website to join or become members of any commercial online service;
  • use the Website Content on any other website or in a networked computer environment for any purpose; or
  • delete or revise any material posted by any other person or entity.

Violations of system or network security may result in civil or criminal liability. We may investigate violations of these Terms of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.

The use of the Website and the Website Content is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Website at any time without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Website.

5. Disclaimer of Warranties

THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. WE MAY DISCONTINUE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE WEBSITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THAT THE WEBSITE OR THE WEBSITE CONTENT WILL MET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ALSO MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE WEBSITE CONTENT, OR ANY SOFTWARE, TEXT, GRAPHICS OR LINKS. IF YOUR USE OF THE WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THE COSTS OF SUCH SERVICING OR REPLACEMENT.

6. Indemnity

You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or Website Content or your breach of these Terms of Use.

7. Limitation of Liability

IN NO EVENT WILL WE, OUR BUSINESS PARTNERS AND LICENSORS, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE WEBSITE CONTENT, OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF $100 OR ANY AMOUNT YOU HAVE PAID TO US, IF ANY, IN THE PAST TWELVE MONTHS.

8. Links

The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.

You are permitted to link to our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of our reputation. In linking to the Website, you are prohibited from (a) replicating Website Content; (b) using a frame, browser, or border environment around the Website Content; (c) implying in any fashion that we or any of our affiliates are endorsing you; (d) misrepresenting any state of facts, including your relationship with us or any of our affiliates, (e) presenting false information about the Website or the Website Content; and (f) using any Mark of ours or any of our affiliates without express written permission from us. We reserve the right to disable any unauthorized links or frames. We hereby disclaim all liability for any material on other websites that may contain links to the Website.

9. Termination

We reserve the right, in our sole discretion, to immediately terminate your registration with, or ability to access, the Website and/or any other service provided to you by us, upon any breach by you of these Terms of Use. You agree that any violation, or threatened violation, by you of these Terms of Use may cause irreparable harm to us, and therefore you agree that we shall be entitled to injunctive or equitable relief.

10. Governing Law/Jurisdiction/Claim Limitation

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws in the state of South Carolina without regard to conflict of law principles. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use in whole or in part.

All claims and disputes either arising out of or relating to these Terms of Use and the transactions contemplated hereby are to be settled by final and binding arbitration to be held in the United States of America. This agreement to arbitrate is broad, and includes disputes of any type between you and us arising out of or relating to these Terms of Use or the transactions contemplated hereby.  Except for matters relating to arbitrability or to the scope and enforceability of the arbitration provision, all issues shall be for the arbitrator to decide.

The arbitration shall be conducted on a confidential basis pursuant to the Consumer Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU HEREBY AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO LITIGATE IN COURT. YOU FURTHER AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING, YOU ALONE IN AN ARBITRATION PROCEEDING.  YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC, WHETHER IN ARBITRATION OR OTHERWISE.

11. General

We make no claims that the Website Content may be lawfully viewed or downloaded outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction or by any arbitration proceeding, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect. No waiver of any provision of the Terms of Use will be deemed a further or continuing waiver of such provision or any other provision. No consent or waiver by us hereof will be deemed effective unless in writing. These Terms of Use constitute the entire agreement between you and us with respect to your use of the Website and the Website Content and supersedes all previous written and oral agreements relating to the subject matter hereof.

12. Contact Us

If you have any questions or concerns about the Website, the Website Content, or these Terms of Use please contact us at gtimarketing@gulbrandsen.com.