You understand that the technical processing and transmission of the GSELearning Sites, 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.
You understand that the GSELearning Sites and software embodied within the GSELearning Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GSELearning and/or content providers who provide content to the GSELearning Sites. You may not attempt to override or circumvent any of the usage rules embedded into the GSELearning Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the GSELearning Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals ("Submissions") to GSELearning through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) GSELearning is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) GSELearning shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) GSELearning may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of GSELearning without any obligation of GSELearning to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from GSELearning under any circumstances.4. Links, Third Party Services, and Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against GSELearning with respect to such sites.
In addition, you may order services or merchandise through the GSELearning Sites from other persons not affiliated with GSELearning ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the GSELearning Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. GSELearning makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider GSELearning, nor will GSELearning be construed as, a party to such transactions, whether or not GSELearning may have received some form of revenue or other remuneration in connection with the transaction. You agree that GSELearning will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify GSELearning of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to GSELearning, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GSELearning has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. GSELearning has the right to immediately suspend or terminate your account and refuse any and all current or future use of the GSELearning Sites or related products and services (or any portion thereof). GSELearning makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the GSELearning Sites related to the registration, including email, message boards and other registration related information. Please remember that the GSELearning Sites and GSELearning services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the GSELearning Sites areas and/or content are appropriate for your child.
Certain of the GSELearning Sites, such as blitzometer.com, may require payment of fees. By registering for those GSELearning Sites, you hereby authorize GSELearning to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, GSELearning will be charging your designated credit card in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify GSELearning of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
On the blitzometer.com site, you may purchase "premium Blitzes" that are published by GSELearning or by members on the site. GSELearning Software is not responsible for the quality of Blitzes published by members. All payments are made to GSELearning via PayPal. You may quit a premium Blitz through its first day and receive a refund of the payment amount less a $2 cancellation fee. All such refunds will be refunded via PayPal within 30 days of the approved request. This policy does not apply to private subdomain organization accounts; the organization is responsible for its own refund policy.
GSELearning reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which GSELearning does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after GSELearning posts such modification on the applicable GSELearning Site(s). GSELearning also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel any your Account or any associated optional or upgraded services therefore at any time, but GSELearning may not refund any remaining portion of your pre-paid fees.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to GSELearning when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that GSELearning may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain GSELearning Sites shall in no way limit any other remedies available to GSELearning. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify GSELearning of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify GSELearning within sixty (60) days, you waive any right to dispute such problems or discrepancies.7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF GSELEARNING IS AT YOUR SOLE RISK. GSELEARNING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GSELEARNING AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE GSELEARNING SITES OR OTHERWISE BY GSELEARNING IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GSELEARNING NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN GSELEARNING, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. GSELEARNING ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON GSELEARNING CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON GSELEARNING.
GSELEARNING MAKES NO WARRANTY THAT THE GSELEARNING SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. GSELEARNING DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE GSELEARNING SITES. GSELEARNING IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GSELEARNING SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.8. Limitation of Liability
GSELEARNING, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 GSELEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE GSELEARNING SITES, PRODUCTS OR SERVICES; (B) 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 GSELEARNING SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH GSELEARNING; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY GSELEARNING; (E) PERSONAL INJURY NOT CAUSED BY GSELEARNING'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GSELEARNING SITES; OR (H) ANY OTHER MATTER RELATING TO THE GSELEARNING SITES, OR GSELEARNING PRODUCTS OR SERVICES. YOU AGREE THAT GSELEARNING'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY GSELEARNING FROM YOU.9. Indemnification
The GSELearning Sites (excluding linked sites) are controlled by GSELearning from its offices within the State of New York, United States of America. The GSELearning Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the GSELearning Sites both you and GSELearning agree that the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the GSELearning Sites.
You agree that exclusive jurisdiction for any dispute with GSELearning, or in any way relating to your membership or use of GSELearning, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any dispute including any claim involving GSELearning or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.12. Miscellaneous
With your prior approval, GSELearning reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.13. Contact