Effective February 19, 2009
- Registration. In order to use the Site, you may be required to complete an online registration form and become an “Authorized User”. As part of such registration process, you will be required to provide GE Asset Manager with certain “User Information,” including personally identifiable information, about yourself, which you represent and warrant will be accurate and complete at the time of registration. GE Asset Manager reserves the right, at its sole discretion, to reject any user’s registration for any lawful reason. Registrants whose applications are rejected may not use the Site or attempt to re-register without GE Asset Manager’s prior express consent, or re-register using another individual’s information. Authorized Users agree to promptly update their User Information on the Site as necessary to ensure that such information at all times remains accurate and complete.
- Passwords and Security. Use of the Site may require use of a username and password (together, “Password”). You shall be responsible for the security of your Password and agree to take all reasonable precautions to protect the security and integrity of the Password and to prevent its unauthorized use. Your Password should never be shared with anyone. You will be solely responsible for all actions taken that use your Password, including all purchases, sales and transmissions by you of electronic records and electronic signatures. You will immediately notify GE Asset Manager in writing if you become aware of any unauthorized access or use of your Password and/or the Site, or if your Password is lost or stolen. Such notice shall not release you from responsibility for such loss, theft, unauthorized access or use of your Password and/or the Site prior to GE Asset Manager’s receipt of such notice from you. GE Asset Manager shall be entitled to assess your Password and, if it determines that you are using a password it considers insecure, may at its discretion require you to change the password and/or terminate your account.
- Fees. GE Asset Manager may charge Authorized Users various subscription, service, and/or use fees to use the Site. Any such fee(s) will be disclosed on the Site or in a direct communication to Authorized Users. All fees must be paid when due in U.S. dollars. If payment by credit card is an option and you elect to pay your fees by credit card, and GE Asset Manager does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by GE Asset Manager. Authorized Users are responsible for payment of all applicable taxes, if applicable. GE Asset Manager reserves the right, at its sole discretion, to change its fees at any time.
- Capacity to Contract. Use of the Site may result in the formation of contracts between residents of different States. In order to use the Site, you must have the legal capacity to contract under the laws of State from which you are accessing the Site. Minors (i.e., individuals younger than the age specified by State law at which they can enter into a legally binding contract) may not use the Site. By using the Site, you represent that you have the legal capacity or authorization to form binding contracts.
- Consent to Electronic Transactions. Your affirmative actions in using the Site, such as clicking “I Accept”, “Submit”, “Yes” and the like, and uploading of data to GE Asset Manager, signify that you agree to, adopt, and execute the action or electronic record with the intention to be legally bound. “Electronic records” refer to records or information created, generated, sent, communicated, received, or stored electronically. Such affirmative actions will have the same legal force, effect, validity, and enforceability as if you affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law. You agree to transmit and receive electronic records through the Site via the Internet using your Password. Our electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic, and enforceable copy of them. You agree not to contest the admissibility, legal effect, validity, or enforceability of such electronic signatures or electronic records in any proceedings arising out of use of the Site. Further, you (a) acknowledge that, regardless of whether you are using a web browser with security features, we are unable to ensure that data contained in any related Internet transmission between us will not be intercepted by third parties, and (b) agree that GE Asset Manager will not be liable should any such interception occur.
- Information Accuracy. You warrant that you will only post information on the Site that is accurate and complete. GE Asset Manager does not review, check or verify the accuracy or completeness, and is not responsible for the content of, any information submitted to and posted on the Site by any Authorized Users.
- User Conduct. You agree that you will not:
- Use the Site in any manner that could damage, disable, overburden, or impair the Site.
- Interfere with 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 sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, GE Asset Manager reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.
- Disrupt or interfere with any other person’s use of the Site or affiliated or linked sites.
- Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
- Use or attempt to use another’s account, service, or system without authorization from GE Asset Manager.
- Create or use a false identity on the Site.
- Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party’s copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
- Use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site.
- Allow access to or use of the Site or any component thereof by or for the benefit of any third parties who are not authorized users, including, without limitation, providing timeshare services, service bureau services, outsourcing or consulting services, without GE Asset Manager’s prior written consent, or for any unlawful purpose or in furtherance of any unlawful purpose.
- Use the Site for real estate or business appraisals or other services not related to personal property appraisals.
- Upload or transmit to GE Asset Manager’s computer systems any computer virus, worm, time bomb, or other harmful programming routine.
- Frame any of the content of the Site, nor incorporate into another Site or other service any intellectual property of GE Asset Manager or its licensors.
- Changes to or Suspension of Service. GE Asset Manager reserves the right, at its sole discretion, to change, add, suspend, or discontinue any aspect of the Site at any time.
System Requirements. The table below contains the minimum and recommended system components required to use the Site. Please be sure your system has the recommended components for optimum performance:
Disclaimer of Warranties; Limitation of Liability.
- THIS SITE IS PROVIDED BY GE ASSET MANAGER ON AN “AS IS” AND “AS AVAILABLE” BASIS. GE ASSET MANAGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GE ASSET MANAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GE ASSET MANAGER DOES NOT WARRANT THE AVAILABILITY OR ACCURACY OF THE SITE, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM GE ASSET MANAGER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- GE ASSET MANAGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT GE ASSET MANAGER IS FOUND TO BE LIABILE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (1) THE TOTAL FEES YOU PAID TO GE ASSET MANAGER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (2) $100. THE FOREGOING LIMITATION OF LIABILITY EXTENDS TO GENERAL ELECTRIC COMPANY, NORTHCORE TECHNOLOGIES, INC., AND THEIR RESPECTIVE DIRECT AND INDIRECT SUBSIDIARIES.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Release. If you have a dispute with one or more users, you release GE Asset Manager (including our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Confidentiality and Proprietary Rights.
- GE Asset Manager Information.
- Restrictions. You may not: (1) modify, adapt, translate or create derivative works based upon the GE Asset Manager Property; (2) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to discover the source code of any of the Site’s Software, or reduce such Software to a human readable form, or permit third parties to do so, or print or copy the HTML or other computer programs that are viewable at the Site; (3) resell, sublicense, publicly display, perform, distribute or publish the GE Asset Manager Property, or any copy, except that you may distribute permitted copies as incidental to your business activities conducted on the Site; (4) remove, obscure, or alter any copyright notice, trademark, or other proprietary rights notices affixed to or contained within the Site and the products and services offered therein; or (5) create any frames at any other Web sites pertaining to or using any of the information provided through the Site.
- Limited License. GE Asset Manager does not claim ownership of the materials you may provide to GE Asset Manager (including documents, feedback and suggestions), or upload, input or submit to GE Asset Manager. However, by uploading files, inputting information or otherwise communicating on, to or through the Site, you hereby grant to GE Asset Manager a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable (with right to grant sublicenses through multiple sublicenses) license to use, copy, adapt, distribute, display, reproduce, transmit, modify and edit such materials, in all media now known or hereafter developed, on the Site and otherwise in accordance with the procedures outlined on the Site (including our Privacy Notice).
- Third Party Sites. The Site may contain links and pointers to other Internet sites or resources. Links to and from the Site and other third party sites do not constitute an endorsement by GE Asset Manager or any of its affiliates of any third party resources or their contents. GE Asset Manager makes no representation or warranty, and takes no responsibility, for the accuracy, content, or any other aspect of these sites and disclaims any liability to you in connection with such sites. If you decide to visit any linked site, 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.
- Telecommunications Equipment and Charges. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and GE Asset Manager shall not be responsible for any communications line failure, equipment, or systems failure or other occurrence.
- Compliance with Laws. You agree that you will comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof (“Laws”) of the United States or any other jurisdiction where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.
- For U.S. Users Only. Access to the Site is intended only for users located within the United States. GE ASSET MANAGER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT USE OF THE SITE OUTSIDE OF THE UNITED STATES IS LAWFUL OR PERMISSIBLE. Those who access the Site from other jurisdictions are responsible for their compliance with local laws, as further provided in Section 20 (“Compliance with Laws”).
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