1. PARTIES:
This Site is owned by General Electric Company (“GE”) and/or an affiliate of GE and is operated by the Capital Solutions business of GE Commercial Financial Services ("Operator" or "GECS"), although software, hosting and other functions and content may be provided by Operator's service providers ("Service Providers"), other companies affiliated with Operator ("Affiliates"), or merely in a business relationship with Operator ("Business Partners"). Operator's Service Providers, Affiliates and Business Partners are intended third-party beneficiaries of these Terms of Use. This Site is designed for use by commercial professionals and companies only. As used on this Site the term “you”, includes both you personally and, if applicable, the company on whose behalf you are accessing the Site.
2. PROPRIETARY RIGHTS:
Copyrights. This Site, including all Materials (defined below), design, text, HTML code, software, technical drawings, configurations, graphics, other files, and their coordination, selection and arrangement are copyrighted by Operator, its Service Providers, Affiliates or Business Partners and are protected by worldwide copyright laws and treaty provisions. All rights are reserved. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. You may not prepare derivative works based upon such content, nor may such content be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of the copyright owner. No such activity may be competitive with or derogatory to Operator, its Service Providers, Affiliates or Business Partners and no such express or implied right is granted. All copyright or other proprietary notices must be kept intact. You may not distribute any of the content of any of the Site to any other person unless that person accepts all obligations under these Terms. Any copyright owner consent may be revoked at any time, and such consent does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation, unless expressly given in writing. Any other use of the content of this Site is strictly prohibited. You further agree that you will not extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to personally identifiable information of any other user of the Site, or the names of customers Operator or its Affiliates, Services Providers, or Business Partners.
Trademarks. Trademarks, service marks, logos, certification marks, collective marks or trade dress (collectively "Trademarks") appearing in this Site are the property of Operator, Service Providers, Affiliates or Business Partners. No such Trademarks may be copied, imitated, or used, in whole or in part, without prior written permission of the owner of the relevant Trademark. All page headers, custom graphics, button icons, and scripts are Trademarks owned by Operator, Service Providers, Affiliates or Business Partners which may not be copied, imitated, or used, in whole or in part, without the relevant owner's prior written permission. No rights to use any Trademarks are granted under these Terms. Certain company names and products mentioned on the Sites may be claimed as Trademarks by their respective owners, who may not be affiliated with Operator, Service Providers, Affiliates or Business Partners.
Patents. Some products and processes used or referenced on the Site may be covered by, or may be subject to, one or more patents or may be subject to other trade secret and proprietary rights. Operator, Service Providers, Affiliates and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Site.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site or in an applicable written document, provided that such uses are not competitive with or derogatory to Operator or its Service Providers, Affiliates or Business Partners. Operator and its Service Providers, Affiliates and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works based upon any Software.
3. LIMITED LICENSE:
Subject to the terms and conditions set forth in this Agreement, GECS grants you a non-exclusive, non-transferable, limited, revocable right to access, use and display this Site and the materials thereon ("Materials") on your computer monitor or to download Materials that are offered for download at this Site only for your internal use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:
- you must retain, on all copies of the Materials downloaded, all copyright, trademark, and other proprietary notices contained in the Materials;
- you may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose;
- you must not provide the Materials or a copy the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
- You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
DISCLAIMER: THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. GECS DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY COMPATIBILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GECS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
GECS DOES NOT WARRANT THAT THIS SITE, OR THE INFORMATION OR MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MATERIALS WILL BE UPDATED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, AND GECS DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR CONTENT. GE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TRUTHFULNESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THIS SITE.
THIS SITE MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. GECS MAY MAKE FINANCIAL AND OTHER INFORMATION AVAILABLE THROUGH THIS SITE. IN SOME CASES, THE INFORMATION MAY BE AUDITED. IN MOST CASES IT WILL NOT HAVE BEEN AUDITED. THE INFORMATION IN THIS SITE ALSO MAY ATTEMPT TO PREDICT TRENDS. PREDICTIONS OBVIOUSLY MAY OR MAY NOT PROVE TO BE ACCURATE. GECS CONSIDERS PORTIONS OF THIS WEB SITE TO BE FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF 1933, AS AMENDED, SECTION 21E OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED AND THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AS AMENDED. FORWARD-LOOKING STATEMENTS ARE INHERENTLY SUBJECT TO RISKS AND UNCERTAINTIES, MANY OF WHICH CANNOT BE PREDICTED WITH ACCURACY AND SOME OF WHICH MIGHT NOT EVEN BE ANTICIPATED. FUTURE EVENTS AND ACTUAL RESULTS, FINANCIAL AND OTHERWISE, MAY DIFFER MATERIALLY FROM THE RESULTS DISCUSSED IN THE FORWARD-LOOKING STATEMENTS. FACTORS THAT MIGHT CAUSE SUCH A DIFFERENCE INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: (1) INTEREST RATES, (2) LOCAL MARKET CONDITIONS, (3) GOVERNMENTAL LAWS AND REGULATIONS RELATED TO YOUR BUSINESS OR THE BUSINESS OF GECS, AND GENERAL ECONOMIC CONDITIONS.
4. LINKS TO THIRD-PARTY AND OTHER GE SITES:
As a convenience to you, GECS may provide, on this Site, links to websites operated by other entities. If you follow those links, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. GECS makes no warranty or representation regarding, and does not endorse, approve of, sponsor or recommend any linked websites or the information appearing thereon or any of the products or services described thereon. Please review each such site’s terms and conditions and privacy policies. These may differ from the terms and conditions and privacy policy of this Site. You will need to determine if they are acceptable to you and your Company. GECS disclaims all responsibility for the content and the privacy practices employed by such other third party sites. Links do not imply that GECS or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyrighted material of General Electric Company, GECS, or any of their affiliates or subsidiaries. Any such site may contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements and postings in online community discussions. You agree that neither Operator nor its Service Providers, Affiliates nor Business Partners shall have any liability whatsoever to you for any such third party material, data or information.
There may also be links from this Site to other sites of other GE businesses. Some of these may be links to businesses within the GE - Capital Solutions group, others to businesses outside of the GE - Capital Solutions group. As some of the other websites describe GE businesses and products that differ significantly from the GE - Capital Solutions businesses and products described on this Site, the terms of use and privacy policies for such sites may also differ. When using such links, please review the terms and conditions and privacy policies of the sites accessed to ensure that you are familiar with site specific limitations and requirements.
5. LINKS FROM OTHER WEBSITES:
If another entity links to the GE - Capital Solutions web site for any purpose, the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Operator or its Service Providers, Affiliates or Business Partners; (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Operator or its Service Providers, Affiliates or Business Partners; (iii) create the representation that content provided on the GE - Capital Solutions site belongs to or is being served by any other party other than the Operator or its Service Providers, Affiliates or Business Partners. The following are examples of practices which might violate this clause: (i) the link uses an image rather than a text-only link; (ii) the link "points" to an internal page and not the GE - Capital Solutions home page; (iii) the link, when activated by a user, does not display this page full-screen in a fully operable and navigable browser window and for example uses a "frame" on the linked website. Operator reserves the right to revoke this consent to link at any time in its sole discretion.
6. INFORMATION PROVIDED BY YOU:
GECS does not want you to, and you should not, send any confidential or proprietary information to GE via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to GECS via the Site will not be considered confidential or proprietary. Except as otherwise provided in our Privacy Policy or in a separate contract, you agree that by providing any such information or materials to GECS, you grant to GECS an unrestricted, perpetual, nonexclusive irrevocable, worldwide, royalty-free sublicensable license to make, transfer, modify, adapt, use, sell, reproduce, prepare derivative works, display, publicly perform, transmit and distribute such information and materials, and you further agree that GECS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to GECS. You further recognize that GECS does not want you to, and you warrant that you shall not, provide any information or materials to GECS that are inaccurate, unauthorized, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.
Privacy Policy. Operator's Privacy Policy, incorporated by this reference, describes the type of information Operator and its Business Partners, Service Providers and Affiliates collect when you visit the Site and how they use that information. Please see our Privacy Policy for more information.
7. USER CONDUCT:
In using the Site, you agree not to:
(a) disrupt, interfere with or compromise the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
(b) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
(c) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
(d) use or distribute tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) or which otherwise unduly burden the system (e.g., spiders and similar probing tools).
8. LIMITATION OF DAMAGES:
IN NO EVENT SHALL GECS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO ANY ENTITY (OTHER THAN OPERATOR) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, PAIN AND SUFFERING OR EMOTIONAL DISTRESS) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF GECS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF GECS AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT YOU HAVE PAID TO GECS FOR THE USE OF THE SITE OR THE PRODUCT AND SERVICES OUT OF WHICH THE LIABILITY AROSE OR, IF YOU HAVE NOT MADE ANY PAYMENT TO GECS, THEN THE LIABILITY OF GECS AND/OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
9. INDEMNITY:
You will indemnify and hold GECS, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of this Agreement by you, including use of Materials other than as expressly authorized in this Agreement or any allegation that information or materials that you provide infringes the intellectual property or other rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fee of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from any claims brought by third parties arising out of your use of the information accessed from this Site.
10. CHANGES IN TERMS:
GECS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes has been posted. Your continued use of the Site after any changes to this Agreement are posted constitutes acceptance of those changes.
Operator, Service Providers, Affiliates and Business Partners may terminate, change, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features or content of the Site under their control, at any time. GECS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. GECS may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all copies of any Materials in your possession or control. Operator may also without liability: (a) remove, modify or otherwise change any user's Site access for material breach of this Agreement; (b) supplement or make changes to its user access or security procedures with notice to Registered Users; and (c) change the type or location of Operator equipment, facilities or software used by it in providing access provided that no such action shall have the effect of amending or otherwise affecting the parties' respective obligations under any contract with Operator. All obligations created before termination shall survive termination.
11. VIOLATIONS, ILLEGAL CONDUCT:
If you violate, or become involved in any violation of, system security, GECS reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. GECS reserves the right to investigate suspected violations of this Agreement.
GECS also reserves the right to fully cooperate with any law enforcement authorities, or comply with any court order or subpoena requesting or directing GECS to disclose any information required or permitted by law concerning a user or registered user of the Site. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GECS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GECS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GECS OR LAW ENFORCEMENT AUTHORITIES.
12. INTERNATIONAL USERS AND CHOICE OF LAW:
This Site is controlled, operated and administered by GECS from its offices within the United States of America. GECS makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of
U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. This Usage Agreement shall be deemed entered into in the State of New York, and is governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue for any action arising out of or relating to the GECS Site or the Materials, your use of the GECS Site, or this Agreement shall be in the state or federal courts in New York City, New York, and you agree to be subject to jurisdiction in such courts for purposes of such actions.
13. GENERAL TERMS:
This Agreement constitutes the entire agreement between GECS and you with respect to your use of the Site and the Materials and supersedes all prior and contemporaneous communications relating thereto. No modification of this Agreement shall be effective unless signed in blue ink by an officer of GECS or posted by GECS on this Site. These Terms are not intended to alter the terms or conditions of any other agreement you may have with Operator or its Service Providers, Affiliates or Business Partners to the extent that those agreements govern issues other than your use of this Site, nor any agreements that they may have with one another. Any cause of action you may have with respect to your use of the 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. Any alleged waiver of any breach of this Agreement shall not be deemed a waiver of any future breach.
14. English Language.
The parties agree that there shall be no requirement to translate any of the Site, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
Last updated: December 20, 2005
15. PRIVACY POLICY:
ge.com/capitalsolutions Web site
Privacy Policy is located on the Site.
16. CONTACT INFORMATION:
Webmaster
GE - Capital Solutions
10 Riverview Drive
Danbury, CT 06810
U.S.A.
