Terms & Conditions

THIS WEBSITE IS OPERATED BY GTXCEL, INC. (“GTXCEL”).  THESE TERMS OF USE APPLY ONLY TO THIS WEBSITE, AT WWW.GTXCEL.COM (“WEBSITE”), AND GTXCEL E-MAIL, AND DOES NOT APPLY TO ANY OTHER GTXCEL WEBSITES, ANY WEBSITE OR DIGITAL EDITION WE MAY CREATE FOR A CUSTOMER, OR TO ANY THIRD-PARTY WEBSITES.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR SUBMITTING PERSONAL CONTACT OR OTHER REGISTRATION INFORMATION THROUGH THIS WEBSITE.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER THROUGH THIS WEBSITE.  BY PROVIDING INFORMATION TO US, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

1. Notice Specific to Content and Data on this Website

2. Warranty Disclaimer Specific to Content on this Website

3. Limitation of Liability

4. Restrictions on Use

5. Links to Third-Party Websites by You

6. Use of Social Media

7. Links to Third-Party Websites & Services by GTxcel

8. Applicable Law & Exclusive Jurisdiction

9. Procedures for Making Claims of Copyright Infringement

10. Indemnity

11. Privacy Policy

12. Supplemental Privacy Policy to California Residents

13. Trademarks

14. Copyright Notice

1.  NOTICE SPECIFIC TO CONTENT AND DATA ON THIS WEBSITE

All content and data on this Website are provided as a service to our customers and may be used for your informational purposes and your internal non-commercial use only. Single copies may be downloaded subject to the provisions below. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any trademark, copyright, or other intellectual property right of GTxcel or any third party.

2.  WARRANTY DISCLAIMER SPECIFIC TO CONTENT ON THIS WEBSITE

No representation or warranty is made on or through this Website, or through any course of performance, course of dealing, usage of trade, advertising, brochures, catalogs, promotional materials, quotations, proposals, documentation, or other descriptive literature or communications, and no such matter will be used to create, modify, interpret, supplement, add to, or alter in any way any other agreement with our customers, any agreement for services, or any other agreement.

Content and data published by GTxcel on this Website are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GTxcel shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of or reliance on the information presented, loss of profits or revenues, even if informed in advance of the possibility of such damages.

Although GTxcel makes every effort to ensure the accuracy of the information in this Website, GTxcel makes no representations regarding the accuracy of the information. GTxcel may make improvements and/or changes to its services and information about its services described in this Website at any time without notice. Mention of non-GTxcel products or services is for information purposes only and does not constitute either an endorsement or a recommendation.

3.  LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GTXCEL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF THIS WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON THIS WEBSITE, OR THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

4.  RESTRICTIONS ON USE

You agree not to use or attempt to use any “spider,” “robot,” “bot,” “scraper,” “data miner,” or any other program, device, algorithm, process, or methodology to access, acquire, copy, or monitor this Website or pages, data, or content found on the Website.

You may not frame, or in-line link to, any of the content of our Website, or incorporate into any other Website or service any of our intellectual property.  You may not in any way frame or cache the results produced by GTxcel.

 5.  LINKS TO THIRD-PARTY WEBSITES BY YOU

You are free to encourage others to access the information on our Website. You are free to establish a hypertext link to any of our Website so long as the link does not state or imply any sponsorship or endorsement of your Website by us or make use of a logo without written consent of the logo owner.

6.  USE OF SOCIAL MEDIA

“Social Media” means a link, third-party website, or feature offered as part of this Website that enables users to submit, post, display, and/or view user-generated content and/or to communicate, share, or exchange user-generated content with other Website users, including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, or e-mail function.

You acknowledge that anything you submit to a Social Media forum through this Website may be routed to the Internet and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Social Media are for public and not private communications. Any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary.  We cannot guarantee the security of any information you disclose through any Social Media.

You are and shall remain solely responsible for the user-generated content submitted and/or posted under your username or otherwise by you through any Social Media.  We are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Social Media and we specifically disclaim any and all liability in connection therewith.

You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law.

We reserve the right to screen, refuse to post, remove, or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Social Media. If we have questions about your user-generated content we may contact you for further information.  You agree not to use our Website to send or submit materials through Social Media that:

a.  are false, inaccurate or misleading;

b.  infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

c.  violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising)

d.  are libelous, threatening, harassing, defamatory, abusive, invasive of privacy or constitute stalking;

e.  are obscene or contain any kind of pornography;

f.  contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

g.  might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;

h.  interfere with the ability of others to enjoy our Website;

i.  impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of GTxcel;

j.  link to or include descriptions of goods or services that are disparaging to our business or that you do not have a right to link to or include;

k.  contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or

l.  instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

7.  LINKS TO THIRD-PARTY WEBSITES & SERVICES BY GTXCEL

As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control them are beyond our control. We expressly disclaim any responsibility for the accuracy, completeness, or availability of any information on those websites and make no representations as to the content, quality, suitability, functionality or legality of any website to which we may provide links.  GTxcel is not responsible for the content of any linked website or any link contained in a linked website. GTxcel reserves the right to terminate any link or linking program at any time. You hereby waive any claim you might have against us with respect to such website and their operators. You may order services or merchandise through links on our Website from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us – nor will we be deemed – a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

8.  APPLICABLE LAW & EXCLUSIVE JURISDICTION

This Website is controlled and operated by GTxcel from The Commonwealth of Massachusetts in the United States of America. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute an agreement made in, and to be construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of law provisions. By using this Website, you consent to the exclusive jurisdiction of the state and federal courts in Massachusetts in all disputes arising out of or relating to these Terms of Use and our Website.  The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

9.  PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Website, please notify us by sending an email to Copyright@GTxcel.com or by sending a notice by U.S. Mail to: GTxcel Attn: Customer Service, 144 Turnpike Rd. Southborough, MA 01772. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.

10.  INDEMNITY

You agree to hold us harmless from any claim that may arise from your use of any of our Website.

11.  PRIVACY POLICY

Information submitted to GTxcel through this Website is governed by GTxcel’s Privacy Policy.  Please review our Privacy Policy by clicking the above link.

12.  SUPPLEMENTAL PRIVACY NOTICE TO CALIFORNIA RESIDENTS

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information, if any, by us to a third party for the third party’s direct marketing purposes. This right granted to California residents applies only to their activities within the State of California. To make such a request, please send an email to Privacy@GTxcel.com or write us at:

GTxcel
Attn: Customer Service
144 Turnpike Road
Southborough, MA 01772

This Supplemental Privacy Notice is part of our Privacy Policy. For more information on our privacy practices, please review our Privacy Policy by clicking the above link.

13.  TRADEMARKS

All product and brand names are trademarks or registered trademarks of their respective holders.

14.  COPYRIGHT NOTICE

Copyright © 2002-2019 GTxcel, Inc.  All rights reserved.