Last Modified: March, 2016
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OUR WEBSITES.
The Sites are offered and available to users who are 13 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
No Solicitation or Offer
The Sites are designed to provide general information about GSM, its products and services, and its related companies. Information on the Sites is not intended to constitute an offer to sell or a solicitation of any particular product or service. Any insurance product described on the Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult your agent and your policy or contract. Some products and/or services may not be available in all states or countries.
Accessing the Sites and Account Security
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of or all of the Sites to users, including registered users, if any.
Intellectual Property Rights
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy or download any materials displayed on our site except for your personal, noncommercial use. Without express permission from us, the following are prohibited: reproduction, publication, transmission, display, distribution, modification, creating derivative works from, selling or participating in any sale or exploitation in any way, in whole or in part, of any content or of the Sites themselves. Notwithstanding the foregoing, if we provide social media features with certain content, you may take such actions as are enabled by such features.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
[FIRST AND LAST NAME OF AGENT]
[PHYSICAL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[E-MAIL ADDRESS OF AGENT FOR THIS PURPOSE]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
GSM name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of GSM, which may or may not be federally registered. All other names, logos, product and service names, designs and slogans on the Sites are the property of their respective owners. You must not use such marks without the prior written consent of GSM or the third party, as applicable.
Linking to the Sites
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may also use certain social media features that we may from time to time make available to you that may allow you to link to certain content on the Sites, send emails with links to certain content or cause limited portions of our content to be posted on your or third party sites. We reserve the right to disable all or any social media features and all links at any time without notice in our sole discretion.
Links from the Sites
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT, SHALL GSM OR ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, SUCCESSORS, AFFILIATES, DISTRIBUTORS, THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR ASSIGNS BE LIABLE TO ANY USER OF ITS SITE (S), THEIR SUCCESSORS OR ASSIGNS OR ANY OTHER THIRD-PARTY OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF REVENUE, PROFITS OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF IT ARISES THAT THE SITES HAVE BEEN PREVIOUSLY ADVISED OF PROSPECTIVE POTENTIAL DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN TORT OR FOR BREACH.
You hereby acknowledge and understand that the preceding paragraph is applicable to all information found throughout the Sites, including but not limited to service details and products. In those states that limit or do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Regardless of the foregoing, in no event shall GSMs liability to you or any third party exceed the greater of (a) the total amount you paid to us in the twelve month period preceding the action giving rise to the liability or (b) $100.
GSM operates its Sites from its headquarters in Tampa, Florida, USA. We provide the Sites for use only by persons located in the United States. GSM makes no claims that the Sites or any information on the Sites is available or appropriate outside of the United States. Access to Sites in other locations may be illegal and is prohibited. If you access the Sites from outside of the United States, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated above.
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: Legal@gsmsds.com.
Thank you for visiting our Sites.