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Please report any violations of the TOS, especially unsolicited commercial email
(UCE) violations, to abuse@gerodev.com.
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ACCEPTANCE OF TERMS
Gerodev, Inc. provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any time at:
http://www.gerodev.com/tos.htm. In addition, when using particular
Gerodev, Inc. services, you and Gerodev, Inc. shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference into
the TOS.
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DESCRIPTION OF SERVICE
You understand and agree that the Service is provided "AS-IS" and that Gerodev,
Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device. Please be aware that Gerodev, Inc.
may host certain areas on the Service that contain adult or mature content. You
must be at least 18 years of age to access and view such areas or of the legal
age as set by your local jurisdiction, which ever age is greater.
Gerodev typically performs maintenance to the equipment and software
responsible for our Services on Sunday mornings between 4:00 AM EST and 7:00 AM
EST, when necessary. All reasonable efforts are made to require no interruption
in Service while maintenance is performed. If scheduled maintenance is expected
to impact site or email availability, effected users will be notified at least
48 hours in advance.
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YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you certify that: (a) you will
provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data"), (b) you will maintain and promptly update the
Registration Data to keep it true, accurate, current and complete, (c) you are
not currently under the employ, contract or control, or otherwise represent the
interests of, an entity who offers competing or similar services to Gerodev,
including, but not limited to, the hosting of websites, shopping carts and
mailing lists. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Gerodev, Inc. has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Gerodev,
Inc. has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). Gerodev, Inc.
maintains the right to seek legal remedy against those who knowingly
misrepresent themselves in violation these aforementioned requirements.
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ACCOUNT PAYMENT
You agree that for billing purposes Gerodev may automatically bill your credit
card for recurring hosting charges. Your billing period establishes the length
of your service agreement, the minimum period is one month; charges are billed
at the beginning of the service period. Gerodev will continue billing you for
the Service until cancellation is requested by the account holder. Ceasing your
use of the Service is not an acceptable notification of cancellation.
Gerodev may request additional information in order to verify the authenticity
of any account changes. Any outstanding balances on the account must be cleared
before the account is closed. Gerodev may, at its discretion, suspend hosting
accounts within seven days of a declined charge or past-due check payment. This
grace period may be eliminated if multiple payments by Customer are made
past-due in any twelve-month period and the Service will be subject to
immediate shutdown at the discretion of Gerodev.
Domain names or SSL secure certificates registered through the Gerodev service
will not be renewed automatically without the prior written permission of the
account holder. All domain and SSL secure certificate registrations must be
paid in full before registration and are not refundable once the domain or
certificate has been renewed/registered.
Returned checks carry a $15 fee.
Customers who have their credit card declined for two successive months or who
decline more than twice in a given month will be charged a $5 processing fee.
Customers can choose to pay quarterly or annually to receive a discount.
Customers may switch between monthly and the other options at any time.
Customers who switch their payment frequency in a way that requires a credit
back to a credit card may be assessed an amount not to exceed 4% of the invoice
in question for processing of such a change.
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GERODEV, INC. PRIVACY POLICY
Gerodev, Inc. does not resell or use your Registration Data for marketing
purposes. All credit card information is encrypted with strong SSL and all
methods to retreive your order information are encrypted. Gerodev may contact
the account contact for notices regarding service changes or activites
effecting the account.
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MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account including those performed
by any third party granted access to the Service by you. You agree to (a)
immediately notify Gerodev, Inc. of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Gerodev, Inc. cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5.
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MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Gerodev, Inc., are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Gerodev, Inc. does
not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Gerodev, Inc. be liable in any way
for any Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
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upload, post, email, transmit or otherwise make available any Content that is
unlawful, threatening, abusive, harassing, tortious, libelous, hateful, or
racially, ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, a Gerodev,
Inc. official, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
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upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
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upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
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upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, multi-level marketing, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose; the first
proven instance of this activity will result in a warning with the second
resulting in account termination and forfeiture of any remaining credit with
Gerodev, Inc. See the paragraph following this list for additional caveats to
this rule.
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upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
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upload, post, install or otherwise make available any software, web page,
cgi-script or other type of material that does any type of listening or request
servicing on the Gerodev, Inc. servers. This includes, but is not limited to,
chat room software daemons, any other type of server or daemon, or anything
that does more than just service the current request and then exit. This
requirement does not apply to dedicated server customers.
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interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; this includes behavior suggesting such
activities are being actively planned.
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send mass/bulk mailings through the Gerodev outgoing POP/IMAP/Webmail mail
servers even if lists are double opt-in and fully verified. You may utilize
your own mailing software on your shared web space or dedicated server for
these mailings. This restriction does not apply to Hostasuarus List Hosting
plans. We enforce this rule to be sure a large mailing does not deny service to
customer's e-mail accounts;
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intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
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"stalk" or otherwise harass another; or
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collect or store data about other users of the Service.
You acknowledge that you will not upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping rooms) that
are designated for such purpose or to consumers that have been verified to have
opted-in to receiving your message whose purpose is promoting your Content,
promoting third party revenue/referral-generating content, and/or services
served by the Gerodev, Inc Service. All commercial non-transactional mailings
must include a working, automated opt-out mechanism and opt-out requests will
be honored within ten business days. All other additional
CAN-SPAM
regulations must be met for mailings. The first proven instance of a violation
will result in a warning with the second resulting in account termination and
forfeiture of any remaining credit with Gerodev, Inc. Gerodev, Inc. reserves
the right to impose an administrative fee for the investigation of excessive
abuse complaints to ensure complaints with these Terms of Service.
Investigations will require that you produce documentation of how a complainant
has "opted-in" to receive your message and on what date. All mailing lists must
have "bad" (i.e., "bounced") member addresses purged regularly.
You acknowledge that Gerodev, Inc. does not pre-screen Content, but that
Gerodev, Inc. and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via
the Service. Gerodev, Inc. takes no responsibility for any material created or
accessible through the Service. Without limiting the foregoing, Gerodev, Inc.
and its designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Gerodev, Inc. or
submitted to Gerodev, Inc., including without limitation information in
Gerodev, Inc. Message Boards, and in all other parts of the Service.
You acknowledge and agree that Gerodev, Inc. may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Gerodev, Inc., its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
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SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
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PUBLIC CONTENT POSTED TO GERODEV, INC.
(a) For purposes of the TOS, "publicly accessible areas of the Service" are
those areas of the Gerodev, Inc. network of properties accessible by the
general public. By way of example, a publicly accessible area of the Service
would include public Gerodev, Inc. corporate content and Gerodev, Inc. Message
Boards, but would NOT include private Gerodev, Inc. communication services such
as Gerodev, Inc. mail, shared or dedicated hosting accounts, or areas off of
the Gerodev, Inc. network of properties such as portions of World Wide Web
sites that are not hosted or served by Gerodev, Inc.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Gerodev, Inc. websites, including photos or other graphics,
you grant Gerodev, Inc. the world-wide, royalty free and non-exclusive license
to reproduce, modify, adapt and publish such Content on the Service solely for
the purpose of displaying, distributing and promoting Gerodev, Inc. This
license exists only for as long as you elect to continue to include such
Content on the Gerodev, Inc. site in question and shall be terminated at the
time you delete such Content.
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INDEMNITY
You agree to indemnify and hold Gerodev, Inc. and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
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GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Gerodev, Inc. may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, log files, gerodev.com message board postings or
other uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
Gerodev, Inc. servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that Gerodev, Inc. has no responsibility or liability for the
deletion, failure to store or failure to receive any messages and other
communications or other Content maintained or transmitted by the Service. You
acknowledge that Gerodev, Inc. reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that Gerodev,
Inc. reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
You agree that if your account at any time exceeds monthly storage allotments,
Gerodev, Inc. may charge your account a $5.00 service fee and $1.50 for each
100 MB of extra disk space consumed. Monthly transfer overage will be charged,
at most, $2.50 per GB of overage but lower rates may be negotiated.
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MODIFICATIONS TO SERVICE
Gerodev, Inc. reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Gerodev, Inc. shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Service.
Gerodev, Inc. reserves the right to deny access to the Service in its entirety
for accounts in a past-due payment status; this includes the Service itself and
any associated support.
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TERMINATION
You agree that Gerodev, Inc. in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if Gerodev, Inc. believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. Gerodev, Inc. may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Gerodev, Inc. may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that Gerodev, Inc. shall not be liable to you or
any third-party for any termination of your access to the Service. These
clauses will supplant the agreement outlined in the Gerodev, Inc. Contract.
Customers may request the termination of the Service provided to them at any
time. Customers under contract may be subject to an early termination charge if
provided by the contract. Services from Gerodev are normally billed in advance
and are non-refundable except in the case of quarterly, semi-annual or annual
payments where a pro-rated portion of the pre-payment will be refunded minus
any discount that had been provided for the pre-payment.
Customers who accumulate multiple past-due invoices will have access to the
Service, and the Service itself, terminated. Exceptions to this rule may only
be granted by corporate officers of Gerodev, Inc. on a case-by-case basis.
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DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Gerodev, Inc. shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
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LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Gerodev, Inc. has no control over such sites
and resources, you acknowledge and agree that Gerodev, Inc. is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that Gerodev, Inc. shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
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GERODEV, INC.'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Gerodev,
Inc. or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
Gerodev, Inc. grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Gerodev, Inc. for
use in accessing the Service.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. GERODEV, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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GERODEV, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
GERODEV, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GERODEV, INC. SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF GERODEV, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
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EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
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SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again.
Gerodev, Inc. shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or investment
decisions made based on such information.
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NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
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TRADEMARK INFORMATION
The Gerodev, Inc. logo, name, marks, and other product and service names are
trademarks of Gerodev, Inc. (the "Gerodev, Inc. Marks"). Without Gerodev,
Inc.'s prior permission, you agree not to display or use in any manner, the
Gerodev, Inc. Marks.
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COPYRIGHTS and COPYRIGHT AGENTS
Infringement Notification Gerodev, Inc. respects the intellectual
property of others, and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Gerodev, Inc.'s Copyright Agent the following information by mail
or fax:
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a physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
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a description of the copyrighted work that you claim has been infringed;
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a description and URL of where the material that you claim is infringing is
located on the site; this must be an exact URL or URL's to the material
described above and not the base site URL;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Gerodev, Inc. Copyright Agent for notice of claims of copyright infringement on
its site can be reached as follows:
Gerodev, Inc. Copyright Agent
P.O. Box 118
Ozona, FL 34660
Tel: 727-789-3989
copyright@gerodev.com
Counter Notification The administrator of an effected site may make a
counter notification under the Digital Millenium Copyright Act (DMCA) Section
512(g)(2) and (3). To file a counter notification, you must submit to the
Gerodev, Inc Copyright Agent the following information by mail or fax:
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your address, telephone number, and email address;
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Identification of the material and its location (URL) before removal;
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a statement by you, made under penalty of perjury, that the material was
removed by mistake or misidentification;
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statement that you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located (or Hillsborough County,
Florida if your address is outside of the United States), and that you will
accept service of process or subpoena from the person who provided notification
of infringement or an agent of such person.
Under the DMCA Section 512(f), any person who knowingly misrepresents that
material is infringing, or that it was removed/blocked by mistake, is liable
for any resulting damages (including attorneys' fees) incurred by the alleged
infringer, the copyright owner/licensee, and Gerodev, Inc.
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GENERAL INFORMATION
The TOS constitute the entire agreement between you and Gerodev, Inc. and govern
your use of the Service, superceding any prior agreements between you and
Gerodev, Inc. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Gerodev, Inc. shall be
governed by the laws of the State of Florida without regard to its conflict of
law provisions. You and Gerodev, Inc. agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Hillsborough,
Florida. The failure of Gerodev, Inc. to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
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INSURANCE
For customers utilizing colocation or similar aspects of the Service where
equipment not owned by Gerodev is used in conjunction with the Service, the
Customer shall, at its sole cost and expense, procure, maintain, pay for and
keep in force at all times throughout the term that the Customer receives
Gerodev Service, the insurance coverage as specified below:
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Comprehensive general liability coverage on an occurrence basis in an amount of
$1 million (USD) combined single limit for bodily injury and property damage.
Said coverage shall include contractual, owners and contractors protective,
products/completed operations, occurrence property damage, personal injury and
contingent employer's liability endorsements, a cross liability clause, shall
name Gerodev, Inc. as an additional insured and contain a severability of
interests clause;
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All risk property coverage on a full replacement cost basis insuring all of the
Customer's real and personal property situated on or within Gerodev owned,
operated and/or utilized premises with the Customer and Gerodev, Inc. shown as
loss payee to the extent of their respective interests. The policy shall
contain a waiver by the Customer's insurers of any right of subrogation such
insurer may or might have against Gerodev, Inc..
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VIOLATIONS
Please report any violations of the TOS, particularly unsolicited commercial
email (UCE) violations, to abuse@gerodev.com.
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