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Last Modified: February 23, 2012
Acceptance of the Terms of Use
Welcome to the website of Godek, LLC ("Company", "we" or "us"). The following terms
and conditions (together with any documents referred to in them) (collectively,
these "Terms of Use") apply to your use of www.godekconsulting.com, including any
content, functionality and services offered on or through www.godekconsulting .com
(the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the site. By using
the Website or by clicking to accept or agree to the Terms of Use when this option
is made available to you, you accept and agree to be bound and abide by these Terms
of Use and our Privacy Policy included on the Website. If you do not want
to agree to these Terms of Use or the Privacy Policy, you must exit the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
You are expected to check this page from time to time to take notice of any changes
we made, as they are binding on you. Your continued use of the Website following
the posting of revised Terms of Use means that you accept and agree to the changes.
Accessing the Website and Account Security
By using this Website, you represent and warrant that you are of legal age to form
a binding contract with the Company.
We reserve the right to withdraw or amend this Website, and any service or material
we provide on the Website, in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of the
Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access
to the Website.
You are responsible for ensuring that all persons who access the Website through
your Internet connection are aware of these Terms of Use, and that they comply with
them.
To access the Website or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your use
of the Website that all the information you provide on the Website is correct, current
and complete.
If you choose, or you are provided with, a user name, password or any other piece
of information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any third party. You agree to immediately
notify Company of any unauthorized use of your user name or password or any other
breach of security. You also agree to ensure that you exit from your account at
the end of each session. You should use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any user identification code or password, whether chosen
by you or provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have failed to comply with any provision of these
Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio, and
the design, selection and arrangement thereof), are owned by the Company, its licensors
or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or proprietary
rights laws.
You are permitted to use the Website for your legitimate business purposes related
to your role as a current or prospective customer or supplier of the Company. You
must not copy, modify, create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any of the material on our site, except to:
- Store copies of such materials temporarily in RAM.
- Store files that are automatically cached by your Web browser for display enhancement
purposes.
- Print a reasonable number of pages of the Website for a permitted use.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately
from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
- You must not reproduce, sell or exploit for any purpose any part of the Website,
access to the Website or use of the Website or any services or materials available
through the Website.
If you wish to make any use of material on the Website other than that set out in
this section, please address your request to: info@godekconsulting.com
If you print, copy, modify, download or otherwise use any part of the Website in
breach of the Terms of Use, your right to use the Website will cease immediately
and you must, at our option, return or destroy any copies of the materials you have
made. No right, title or interest in or to the Website or any content on the site
is transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by these Terms of Use is
a breach of these Terms of Use and may violate copyright, trademark and other laws.
Company Trademarks
The Company name, the terms Godek, GGodek, the logo , ,and
all related names, logos, product and service names, designs and slogans are trademarks
of the Company or its affiliates or licensors. You must not use such marks without
the prior written permission of the Company. All other names, brands and marks are
used for identification purposes only and are the trademarks of their respective
owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms
of Use. You agree not to use the Website: In any way that violates any applicable
federal, state, local and international law or regulation (including, without limitation,
any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally identifiable
information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does
not comply with the content standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company or a Company employee, another
user, or person or entity (including, without limitation, the use of e-mail addresses
or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment
of the Website, or which, as determined by us, may harm the Company or users of
the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party's use of the Website, including their
ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the
Website for any purpose, including to monitor or copy any of the material on the
Website.
- Use any manual process to monitor or copy any of the material on the Website or
for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the
Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which
is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts
of the Website, the server on which the Website is stored, or any server, computer
or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service
attack.
- Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for
general information purposes. We do not warrant the accuracy, completeness or usefulness
of this information. Any reliance you place on such information is strictly at your
own risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Website, or by anyone
who may be informed of any of its contents.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at
any given time, and we are under no obligation to update such material. We may change
the Website at any time with or without notice. We may suspend access to the Website,
or close it indefinitely.
Information About You and Your Visits to the
Website
All information we collect on this Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your information
in compliance with the Privacy Policy. You represent and warrant that all data provided
by you is accurate.
Online Purchases
All purchases through our site or other transactions for the sale of goods, services,
or information formed through the Website or as a result of visits made by you are
governed by our terms of sale, which are hereby incorporated into these Terms of
Use.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not establish
a link in such a way as to suggest any form of association, approval or endorsement
on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any
part of the Website other than the homepage.
The website from which you are linking must comply in all respects with the Terms
of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately
to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties,
these links are provided for your convenience only. This includes links contained
in advertisements, including banner advertisements and sponsored links. We have
no control over the contents of those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third party websites linked to this Website, you do
so entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Website is based in the state of Texas in the United States. We
provide this Website for use only by persons located in the United States. We make
no claims that the Website or any of its content is accessible or appropriate outside
of the United States. Access to the Website may not be legal by certain persons
or in certain countries. If you access the Website from outside the United States,
you do so of your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available
for downloading from the Internet or the Website will be free of viruses or other
destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA
OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED
ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY
OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED
WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS
OF BUSINESS OR ANTICIPATED SAVINGS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates and
licensors and their respective officers, directors, employees, contractors, agents,
licensors and suppliers from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting
from your violation of these Terms of Use or your use of the Website, including,
without limitation, any use of the Website's content, services and products other
than as expressly authorized in these Terms of Use or your use of any information
obtained from the Website.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of, or related to, them,
their subject matter or their formation (in each case, including non-contractual
disputes or claims) shall be governed by and construed in accordance with the internal
laws of the state of Texas without giving effect to any choice or conflict of law
provision or rule (whether of the state of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms
of Use or the Website shall be instituted exclusively in the federal courts of the
United States or the courts of the State of Texas in each case located in the City
of Dallas and County of Dallas although we retain the right to bring any suit, action
or proceeding against you for breach of these Terms of Use in your country of residence
or any other relevant country. You agree to waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms of Use by the Company shall be deemed a further or continuing
waiver of such term or condition or any other term or condition, and any failure
of the Company to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction
to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of
the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and terms of sale constitute the sole and
entire agreement between you and Godek, LLC. with respect to the Website and supersede
all prior and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by Godek, LLC, P.O. Box 127, Coppell TX, 75019.
All notices of copyright infringement claims and all other feedback, comments, requests
for technical support and other communications relating to the Website should be
directed to:info@godekconsulting.com.
Thank you for visiting the Website.
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