Welcome to GASCARD Online.net. To insure a safe environment
for all of our users, we have established our Terms
of Use. It spells out what you can expect from us and
what we expect from you. By accessing any areas of
GASCARD Online.net, users (Users) agree to be bound
legally and to abide by the terms set forth below.
GASCARD Online.net is owned and operated by GASCARD
Partners, L.P. Any references herein to GASCARD Online.net
shall be deemed to refer to GASCARD Online.net and/or
GASCARD Partners, L.P., as applicable under the circumstances.
GASCARD Online.netsm is a service mark of GASCARD Partners,
L.P. or its affiliates. All rights reserved. These
and other GASCARD Online.net graphics, logos, service
marks, and trademarks of GASCARD Partners, L.P. and
its affiliates may not be used without prior written
consent of GASCARD Partners, L.P. or its affiliates,
as the case may be. All other trademarks, product
names, and company names and logos appearing on GASCARD
Online.net are the property of their respective owners.
User expressly agrees that use of GASCARD Online.net
is at User's sole risk. Neither GASCARD Online.net,
nor its affiliates, nor any of their officers, directors,
or employees, agents, third-party content providers,
merchants, sponsors, licensors (collectively, Providers),
or the like, warrant that GASCARD Online.net will
be uninterrupted or error-free; nor do they make
any warranty as to the results that may be obtained
from the use of GASCARD Online.net, or as to the
accuracy, reliability, or currency of any information
content or service provided through GASCARD Online.net.
THIS SITE IS PROVIDED BY GASCARD ONLINE.NET ON AN "AS
IS"AND "AS AVAILABLE" BASIS. GASCARD
ONLINE.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS,
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, GASCARD ONLINE.NET DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. GASCARD ONLINE.NET WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY GASCARD ONLINE.NET NOR ITS AFFILIATES, NOR ANY OF
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS,
OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER
RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall GASCARD Online.net or
any other party involved in creating, producing, or
distributing GASCARD Online.net be liable for any direct,
indirect, incidental, special, or consequential damages
that result from the use of or inability to use GASCARD
Online.net, including but not limited to reliance by
a User on any information obtained from GASCARD Online.net
or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, viruses, delays
in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications
failure, theft, destruction, or unauthorized access
to GASCARD Online.net's records, programs, or services.
User hereby acknowledges that this paragraph shall
apply to all content and services available through
GASCARD Online.net. Because some states do not allow
the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is
limited to the fullest extent permitted by law.
a. PROPRIETARY RIGHTS
User acknowledges that GASCARD Online.net contains
information, data, software, photographs, graphs, typefaces,
graphics, and other material (collectively Content)
that are protected by copyrights, trademarks, trade
secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under
the U.S. copyright laws, and GASCARD Online.net owns
a copyright in the selection, coordination, arrangement,
and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions
of the Content, provided that the copies are made only
for User's personal use and that User maintains any
notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence
or as permitted by the fair use privilege under the
U.S. copyright laws (see, e.g., 17 U.S.C. Section 107),
User may not [upload < Anthony, does this mean download?],
post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety
right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement
accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may
upload to or otherwise distribute on GASCARD Online.net
only Content that is not subject to any copyright or
other proprietary rights protection (collectively,
Public Content) or Content in which the author has
given express authorization for distribution on the
World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright
owner should contain a phrase such as "Copyright,
owned by [name of owner]; used by permission." The
unauthorized submission or distribution of copyrighted
or other proprietary Content is illegal and could subject
the User to criminal prosecution as well as personal
liability for damages in a civil suit. User will be
liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other
harm arising from such submission. Neither GASCARD
Online.net, nor its affiliates, nor any of their officers,
directors, employees, agents, Providers, or the like,
will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other
harm arising from such User submission. In compliance
with the Digital Millennium Copyright Act, Users and
other persons can report to GASCARD Online.net any
infringement of or corrections to GASCARD Online.net.
User also permits any other User to access, store,
or reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed
on GASCARD Online.net retains any and all rights which
may exist in such Content.
c. THIRD-PARTY CONTENT
GASCARD Online.net is a distributor and not a publisher
of Content supplied by third parties and Users. GASCARD
Online.net has no more editorial control over such
Content than does a public library or newsstand.
GASCARD Online.net neither endorses nor is responsible
for the accuracy or reliability of any information
or other Content available made on GASCARD Online.net
by anyone other than authorized GASCARD Online.net
employees. Under no circumstances shall GASCARD Online.net,
or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage
or harm caused by a User's reliance on information
obtained through GASCARD Online.net. It is the responsibility
of User to evaluate the information or other Content
available through GASCARD Online.net.
d. EXPORT
The U.S. export control laws regulate the export and
re-export of technology originating in the United
States. This includes the electronic transmission
of information and software to foreign countries
and to certain foreign nationals. User agrees to
abide by these laws and their regulations -- including
but not limited to the Export Administration Act
and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content
derived from GASCARD Online.net to either a foreign
national or a foreign destination in violation of
such laws.
In accordance with the terms of GASCARD Online.net's
Privacy Policy, GASCARD Online.net respects the privacy
of its Users.
GASCARD Online.net may terminate User's access, or
suspend any User's access to all or part of GASCARD
Online.net, without notice, for any conduct that
GASCARD Online.net, in its sole discretion, believes
is in violation of any applicable law or is harmful
to the interests of another User, a third-party Provider,
a service provider, or GASCARD Online.net.
This site is created and controlled by GASCARD Online.net
in the State of Texas. As such, the laws of the State
of Texas will govern these disclaimers, terms and
conditions, without giving effect to any principles
of [< or?] conflicts of laws. GASCARD Online.net
reserves the right to make changes to its site and
these disclaimers, terms and conditions at any time.
User hereby irrevocably and unconditionally consents
to submit to the exclusive jurisdiction of the courts
of the State of Texas and of the United States of
America located in the State of Texas for any litigation
arising out of or relating to use of GASCARD Online.net
(and agrees not to commence any litigation relating
thereto except in such courts), waives any objection
to the laying of venue of any such litigation in
the Texas Courts and agrees not to plead or claim
in any Texas Court that such litigation brought therein
has been brought in an inconvenient forum.
The provisions of these Terms of Use are intended to
be severable. If for any reason any provision of
these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to
the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction.
The Terms of Use, including all documents referenced
herein, represents the entire understanding between
you and GASCARD Online.net regarding your relationship
with GASCARD Online.net and supersedes any prior
statements or representations. By logging onto the
GASCARD Online.net website YOU AGREE TO BE BOUND
BY THE TERMS OF USE of using the GASCARD Online.net
web site. The aforementioned Terms of Use are subject
to change.
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