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Welcome
to The Gunman Website ("the Site"). We maintain this
Web site as a service to our customers. By using our site, you
are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. They do not
alter in any way the terms or conditions of any other agreement
you may have with The Gunman for other services or products purchased or
otherwise obtained from The Gunman. The Gunman reserves the
right to change or modify any of the terms and conditions
contained in the Site Terms or any policy or guideline of the
Site, at any time and in its sole discretion. Any changes or
modification will be effective upon posting of the revisions on
the Site. Your continued use of this Site following the posting
of its changes or modifications will constitute your acceptance
of such changes or modifications.
BY
ACCESSING, BROWSING, SEARCHING, DOWNLOADING, USING, TRANSACTING
BUSINESS ON-LINE, OR PURCHASING FROM The Gunman, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL
POLICIES AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT
MODIFICATION, DO NOT ACCESS, SEARCH, DOWNLOAD FROM, BROWSE,
TRANSACT BUSINESS ON-LINE OR OTHERWISE USE THIS SITE.
1.
Copyright. The content, organization, graphics, design,
compilation, database information, selection, coordination, and
arrangement of the database, magnetic translation, digital
conversion and other matters related to the Site are protected
under applicable copyrights, service marks and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 3,
is strictly prohibited. You do not acquire ownership rights to
any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and
materials.
2.
Service marks. "The Gunman " is a service
mark of The Gunman. Other service and company names mentioned
on the Site may be service marks of their respective owners.
3.
Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for
resale or redistribution). You may not use or utilize framing
techniques to enclose any Gordon service mark, logo or other
proprietary information (including the images found at this
Site, the content of any text or the layout/design of any page
or form contained on a page) without The Gunman express
written consent. Further, you may not use any meta tags or other
"hidden text" utilizing a The Gunman name or
service mark without The Gunman express written consent. Any
unauthorized use of this Site will terminate the permission or
license granted by these Site Terms and may violate applicable
law including copyright laws, trademark laws, and communications
regulations and statutes.
4.
Editing, Deleting and Modification. We reserve the right
in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
5.
Indemnification. You agree to indemnify, defend and hold
us and our principals, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable
attorneys' fees, related to your violation of these Site Terms
or misuse of the Site.
6.
Disclaimer and Limits. THE INFORMATION FROM OR THROUGH
THE SITE IS PROVIDED "AS IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF
NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR
DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
PURCHASE PRICE YOU PAY FOR ANY SERVICES OR INFORMATION.
The Gunman RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT
CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO
ANY SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME,
SERVICE MARK, NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT
CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION
THEREOF BY The Gunman.
Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in the USA (without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information
or services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and
barred. The language in this Agreement shall be interpreted as
in accordance with its fair meaning and not strictly for or
against either party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely in the
courts located in the State of NH. You expressly submit to the
exclusive jurisdiction of said courts and consent to
extraterritorial service of process. Should any part of this
Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.
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