The Application is licensed to you, not sold. Except for the limited license granted in this Agreement, GTS and its licensors retain all right, title and interest in the Application and all proprietary rights in the Application, including copyrights, patents, trademarks and trade secret rights.
- Grant of License. For transaction payment rendered, GTS grants you a revocable, nontransferable, nonexclusive license to access and use the Application.
- Limitations of License. The license granted to you in this Agreement is restricted as follows:
- Limitations on Copying and Distribution. You may not copy or distribute the Application except to the extent that copying is necessary to use the Application for purposes set forth herein.
- Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Application.
- Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, and lease or otherwise transfer the Application, or directly or indirectly permit any third party to use or copy the Application.
- Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Application.
- Use in Accordance with Documentation. All use of the Application must be in accordance with its then current documentation, if any.
- Compliance with Applicable Law. You are solely responsible for ensuring your use of the Application is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
- Inappropriate Material. When accessing the Application, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. GTS will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
- Termination. GTS may at any time and in its sole discretion suspend or terminate your access to or use of the Application, your account, and all corresponding websites.
- Account Set-Up. You agree to: (a) provide true, accurate, current, and complete information when registering to use the Application and establishing your account ( Registration Information ); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if GTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GTS may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.
- Termination. The license granted herein will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the Application, GTS may immediately terminate this Agreement.
- Use of Information. Photos and related information you add will be stored on a secure server which you can access through the Application or via a website through the use of a computer or compatible internet browser. It is your responsibility, and not the responsibility of GTS, to maintain the security of any information that you store, via the Application, on any mobile device or any computer you own or control. GTS is not responsible for the security or confidentiality of communications you send to us, or others, through the internet or via e-mail messaging. GTS and/or its third party vendor may have access to photos and information you add as a result of use of the Application. All data will be disclosed to third parties as required by law or regulation and may be deemed discoverable by third parties. We may also provide certain information to insurance regulators upon proper request. As a result of involvement in a claim, the data added via the Application may be deemed discoverable by third parties and used in claims investigation and/or litigation. GTS may be legally required to provide the data to others involved in the claim or their legal counsel. If you are involved in a claim, you should not expect to retain data privacy or confidentiality of data added through the Application.
- Location-Enabled Features. Certain location-enabled functionality made available in the Application is provided by Google Inc. (“Google”). Your use of that functionality is subject to Google’s terms and conditions, available at http://www.google.com/intl/en-US_US/help/terms_maps.html (as updated from time to time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.
- Warranty Disclaimer. THE APPLICATION IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GTS AND ITS AFFILIATED ENTITIES, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. GTS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
GTS MAKES NO WARRANTY THAT: (A) THE APPLICATION OR ANY INFORMATION OR PRODUCTS THEREFROM WILL MEET YOUR REQUIREMENTS; (B) THE APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR ANY PRODUCTS OFFERED THROUGH THE APPLICATION, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION, OR IN RELIANCE THERETO, WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY PRODUCTS THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. FURTHER, GTS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, OR USE OF THE APPLICATION.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GTS OR ITS AFFILIATED ENTITIES, SUPPLIERS, AND/OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF GTS AND ITS AFFILIATED ENTITIES, SUPPLIERS AND/OR LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION. GTS’S AFFILIATED ENTITIES, SUPPLIERS AND LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
- Disclosure to Third Parties and Third Party Links. Notwithstanding anything to the contrary contained herein, you hereby authorize GTS to disclose data associated with the Application to third parties for the purpose of fulfilling GTS’s performance obligations. You further acknowledge and agree that GTS will not be held accountable to you due to the failure of such third parties to perform estimate-related functions undertaken by such third parties. The Application may contain links to websites controlled by parties other than GTS (each a “Third Party Site”). GTS works with a number of partners and affiliates whose sites are linked with GTS. GTS may also provide links to other citations or resources with whom it is not affiliated. GTS is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. GTS makes no guarantees about the content or quality of the products or services provided by such sites. GTS is not responsible for webcasting or any other form of transmission received from any Third Party Site. GTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GTS of the Third Party Site, nor does it imply that GTS sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that GTS is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- Privacy. GTS recognizes the importance of respecting the privacy of those who visit its websites and use the Application. The Privacy Statement (linked below) is incorporated herein. For more information on GTS privacy practices and to review our Privacy Statement please visit http://gtsservices.com/privacy-policy/.
- Compliance with Export Restrictions. You may not access, download, use or export the Application in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.
- Children. Minors are not eligible to use the Site or Application and we ask that they do not submit any personal information to us.
- Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, GTS Services, LLC. ALL RIGHTS RESERVED.
- Trademarks. All images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of GTS. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Right to Refuse. You acknowledge that GTS reserves the right to refuse service to anyone and to cancel user access at any time.
- Choice of Law, Jurisdiction, and Venue. This Agreement will be construed, interpreted, and performed exclusively according to the laws of the State of Oregon, United States of America, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or directly or indirectly relating to this Agreement may be instituted only in the Federal or state courts with jurisdiction to claims and controversies in Multnomah County, Oregon. You and GTS consent and submit to the personal jurisdiction of those courts for the purposes of any action related to this Agreement, and to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to this Agreement must be filed within one (1) year after the claim or cause of action arose. This Agreement constitutes the entire understanding and agreement between GTS and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by GTS to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement. This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and GTS. Neither you nor GTS will contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Effective: February 2, 2016