GCG Content & User Provided Content
You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the GCG Site either directly or indirectly any materials which (i) restrict or inhibit any other user from using and enjoying the GCG Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email (“Spam”), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. You specifically agree to comply with all agree with all local rules regarding online conduct and acceptable content. Some features on the GCG Site require registration. By registering at, and in consideration of, your use of the GCG Site you agree to provide, true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. You may only maintain one active registration with GCG. By accepting this Agreement, you certify that you have no other registration with GCG. Some features on the GCG Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify GCG immediately. GCG will assume that any communication it receives under your password will have been made by you unless GCG receives notice otherwise. You, or third parties, are not allowed to frame our site, or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any GCG Content without GCG’s express written consent. Further, you may not utilize any GCG Content in any meta tags or any other “hidden text” techniques or technologies without GCG’s express written consent.
Changes & Termination
GCG may for any reason change, suspend, or discontinue any aspect of the GCG Site, this Agreement, GCG Content, or User Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the GCG Site. Your use of the GCG Site after the time Changes are posted indicates your assent to the Changes. GCG may also impose limits on certain features and services or restrict your access to parts or all of the GCG Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the GCG Site. Upon termination, you must immediately destroy any downloaded and/or printed GCG Content, and any installations thereof, which you have obtained from the GCG Site.
You agree to indemnify, defend, and hold harmless GCG, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of (i) your use of User Provided Content or GCG Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. GCG reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of GCG. You will use your best efforts to cooperate with GCG in the defense of any claim.
Disclaimer of Warranties
GCG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE GCG SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, GCG MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU. You agree that GCG will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the GCG Site. This includes, but is not limited to, loss or injury caused in whole or in part by GCG’s procuring, compiling, interpreting, reporting or delivering any portion of the GCG Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
Disclaimer of Liability
You acknowledge that GCG will 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 GCG has been advised of the possibility of such damages), resulting from or related to the use or inability to use the GCG Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law. The GCG Site contains links to, and is linked from, other non-GCG Web sites. GCG makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.
This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New York (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Cattaraugus County, New York, independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Cattaraugus, New York, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.
Compliance with Export Control Laws
Some software, documentation, products and technical information available on or through the GCG Site may be subject to U.S. or foreign export controls. By accessing, downloading, purchasing or using such software, documentation, products or technical information you represent and warrant that you are in compliance with and shall abide by any such applicable laws and regulations. GCG makes no representation that materials on the GCG Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
This Agreement constitutes the entire agreement between GCG and you with respect to your use of the GCG Site. Any cause of action you may have with respect to your use of the GCG Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to GCG. The failure of GCG to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
Company Contact Information
Notification of Changes