TERMS AND CONDITIONS OF USE
This service is provided by AskGerber.com (herein referred to as “AskGerber.com”).
Gerber Enterprises LLC is the owner of AskGerber.com and all Terms and Conditions
of Use (and the rules that may be published and updated from time to time) herein
apply to use of AskGerber.com. Before using AskGerber.com services read these
Terms and Conditions carefully. By using AskGerber.com, you agree to these Terms
and Conditions of Use. AskGerber.com reserves the right to revise the terms and
conditions of this Agreement at any time and for no reason whatsoever. AskGerber.com
also reserves the right to make any changes at any time, without notice, to any
of the information, products or services contained on or offered through AskGerber.com.
AskGerber.com and its affiliates, licensors, partners, members, suppliers, employees,
consultants and agents disclaim any and all responsibility or liability for the
accuracy, safety, security, content, completeness, legality, reliability, or operability
or availability of information or materials displayed on the AskGerber.com website.
You expressly understand and agree that your use of the service is at your sole
risk. The services provided on an “as is” and “as available”
basis. Any material downloaded or otherwise obtained through the use of the service
is accessed at your own discretion and risk and you will be solely responsible
for any damage to your computer system or loss of data that results from the downloading
of any such material. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW ASKGERBER.COM DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED)
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE,
COURSE OF CONDUCT OR OTHERWISE.
IN NO EVENT SHALL ASKGERBER.COM, ITS SUPPLIERS, SUBSIDIARIES OR AFFILIATES BE
LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF AskGerber.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ADDITION, NEITHER ASKGERBER.COM, NOR ITS SUPPLIERS, SUBSIDIARIES OR AFFILIATES
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM.
AskGerber.com further expressly disclaims (1) that the service will meet your
requirements and will be uninterrupted, error-free, timely, or secure, (2) that
defects or errors will be corrected, (3) that the service or the server that makes
it available are free of viruses or other harmful components, and (4) that the
use of or the results of the use of the AskGerber.com service or the content made
available on the website will be correct, accurate, timely, or otherwise reliable.
With respect to Content you submit or make available for inclusion on publicly
accessible areas of our Service, you grant AskGerber.com and its successors the
following worldwide, perpetual, royalty-free, irrevocable, transferable and fully
sublicensable, non-exclusive license(s) to access your Submission through the
Websites and to use, distribute, reproduce, modify, adapt, publicly perform, create
derivative works of, and publicly display your Submission anywhere (in whole or
in part) and to incorporate such Submission into other works in any form, media,
or technology now known or later developed without any claim for payment, or right
to royalties, by you.
BY MAKING A SUBMISSION, YOU WAIVE THE RIGHT TO MAKE ANY CLAIM AGAINST ASKGERBER.COM
OR ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, EMPLOYEES,
AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS RELATED TO THE SUBMISSION, INCLUDING,
BUT NOT LIMITED TO, UNFAIR COMPETITION, INVASION OF PRIVACY, NEGLIGENCE, BREACH
OF IMPLIED CONTRACT OR BREACH OF CONFIDENTIALITY, AND YOU FURTHER WAIVE ALL RIGHTS
YOU MAY HAVE IN ANY MATERIALS UPLOADED OR SENT TO US BY YOU. You represent and
warrant that (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize AskGerber.com to use all Submissions, including
patent, trademark, trade secret, copyright or other proprietary rights in and
to any and all Submissions to enable inclusion and use of the Submissions in the
manner contemplated by this Agreement; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in
the Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the Submissions.
Any Submission you provide to AskGerber.com will be deemed public information
and not subject to any confidentiality obligation and AskGerber.com shall have
no obligation to maintain its confidentiality except to the extent the Submission
contains personal identifiable information, in which case, AskGerber.com Privacy
Policy shall govern AskGerber.com’s use of such information. AskGerber.com
is not responsible for any incorrect or inaccurate content posted on their website
or in connection with the AskGerber.com services, whether caused by users of the
AskGerber.com services by or any of the equipment or programming associated with
or utilized in the AskGerber.com services.
Inclusion of any linked website on the AskGerber.com services does not imply approval
or endorsement of the linked website by AskGerber.com. When you access these third
party sites you do so at your own risk. AskGerber.com is not responsible for the
content, accuracy or opinions expressed on any websites linked to the AskGerber.com
website, and such websites are in no way investigated, monitored or checked for
accuracy, safety, security, or completeness by AskGerber.com. AskGerber.com takes
no responsibility for third party advertisements which are posted on the website
or through the AskGerber.com services. Nor does it take any responsibility for
the goods or services provided by its advertisers, affiliates, and associated
third parties. AskGerber.com is not responsible for the conduct, whether online
or offline, of any user of the AskGerber.com services. AskGerber.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, fact or destruction
or unauthorized access to, or alteration of, any user or member communication.
AskGerber.com is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to technical
problems or traffic congestion on the internet or in any of the AskGerber.com
services or combination thereof including any injury or damage to users or any
person’s computer related to or resulting from participation, uploading
or downloading materials in connection with the AskGerber.com services.
You agree to indemnify, defend and hold harmless AskGerber.com, its subsidiaries,
and affiliates and their respective officers, agents, partners and employees,
from and against any and all claims, proceedings, damages, injuries, liabilities,
lawsuits, costs and expenses (including reasonable attorneys’ fees), resulting
from (a) any violation of the terms and conditions of this Agreement, (b) any
activity related to your account (including negligent or wrongful conduct) by
you or any other person accessing your account, (c) your use of (or inability
to use) our services; and (d) any use of your Submission by AskGerber.com or any
other party, including, but not limited to, any third party claim of infringement
of an intellectual property or proprietary right or invasion of privacy or publicity.
This indemnification and defense obligation will survive these Terms and Conditions
of Use and your use of the services of AskGerber.com.
AskGerber.com’s failure to insist upon or enforce strict performance of
any provision of the terms and conditions of this Agreement shall not be construed
as a waiver of any other provision, term or right set forth herein. Neither the
course of conduct between the parties nor trade practice shall act to modify any
of the terms and conditions of this Agreement. AskGerber.com may assign its rights
and duties under this Agreement to any party at any time without notice to you.
You may not assign this Agreement or the rights granted herein to any party without
the prior written consent of AskGerber.com. This Agreement is binding on the User’s
heirs or successors. No agency, partnership, joint venture, employer-employee
or franchisor-franchisee relationship is intended or created by this Agreement.
You agree not to reproduce, duplicate, copy, sell, trade or exploit for any commercial
purposes any portion of the AskGerber.com Service, use of the Service or access
to the Service.
You acknowledge and agree that you have read and understand these Terms and Conditions
of Use and that you have had the opportunity to review same with your legal counsel.
This Agreement shall be governed and construed in all respects by the laws of
the State of New York. You agree that if any part of the terms and conditions
of this Agreement are found to be unenforceable, then the remainder of the terms
and conditions of this Agreement will remain in full force and effect. Both parties
submit to jurisdiction in New York, and further agree that any cause of action
arising under this Agreement shall be brought exclusively in a court in New York,
New York.