TERMS OF USE
PLEASE READ THESE TERMS OF USE ("TERMS" OR "TERMS OF USE")
CAREFULLY BEFORE USING ANY WEBSITE ON WHICH THESE TERMS ARE POSTED ("SITE(S)").
BY USING ONE OR MORE OF THESE SITES, YOU AGREE TO BE BOUND BY THESE TERMS, AS
SUPPLEMENTED OR MODIFIED BY "SUPPLEMENTAL TERMS OF USE" AND OTHER SITE SPECIFIC
TERMS THAT ARE POSTED ON A PARTICULAR SITE OR SPECIFICALLY AGREED TO IN A
SEPARATE DOCUMENT BY THE SITE OPERATOR.
1. Parties.
General Electric International, Inc. ("Operator" or "GEII"), is the commercial
operator of these Sites, although software, hosting and other functions and
content may be provided by Operator's service providers ("Service Providers"),
other companies affiliated with Operator ("Affiliates"), or merely in a
business relationship with Operator ("Business Partners"). Operator's Service
Providers, Affiliates and Business Partners are intended third-party
beneficiaries of these Terms of Use. This Site is not directed to or intended
for individuals under 18 years of age.
2. Changes
in Terms. Operator may change these Terms from time to time,
with notice given to those completing a registration process ("Registered
Users"). Your continued use of the Sites after any changes constitutes your
acceptance of the new Terms. If you do not agree to abide by these or any
future Terms, do not use the Sites and do not download materials from them.
3. Changes
in Site(s). Operator may terminate, remove, modify, change,
suspend or discontinue any aspect of the Sites, including the availability of
any features or content, which it controls. Service Providers, Affiliates and
Business Partners may also terminate, remove, modify, change, suspend or
discontinue any aspect of the Sites, including the availability of any features
or content, which they control. Operator may impose limits on certain features
and services, or terminate or restrict your access to part or all of any of the
Sites without liability, provided that Registered Users will receive notice.
Operator may also without liability: (a) remove, modify or otherwise change any
user's Site accessfor material breach of this Agreement; (b) supplement or make
changes to its user access or security procedures with notice to Registered
Users; and (c) change the type or location of Operator equipment, facilities or
software used by it in providing access provided that no such action shall have
the effect of amending or otherwise affecting the parties' respective
obligations under any contract with Operator or its Affiliates. All obligations
created before termination shall survive termination.
4. Privacy
Policy. Operator's Privacy
Policy, incorporated by this reference, describes the type of information
Operator and its Business Partners, Service Providers and Affiliates collect
when you visit the Sites and how they use that information. Please see our Privacy
Policy for more information.
5. Proprietary
Rights. Unless Operator or one of its Service Providers,
Affiliates or Business Partners specifically agrees otherwise, the following
terms apply to all activity on the Sites.
(a) Confidentiality.
The following restrictions apply to use of material on the Sites: (i) if any
information is marked "Proprietary" or "Confidential" or words of like import,
you will hold such information in confidence, use it exclusively in connection
with the activities for which you are authorized on the Sites, and not publish
or otherwise disclose it to others; (ii) if any information contains
restrictions on use or disclosure, you will comply with the restrictions; and
(iii) you will keep all restrictive language intact in all copies.
(b) Copyrights.
Operator and its Service Providers, Affiliates and Business Partners each
reserve copyrights in all content that each provides to the Sites, including
but not limited to design, text, software, technical drawings, configurations,
graphics, other files, and their coordination, selection and arrangement. You
may not prepare derivative works based upon such content, nor may such content
be modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any means, in whole
or in part, without prior written permission of the copyright owner. No such
activity may be competitive with or derogatory to Operator, its Service
Providers, Affiliates or Business Partners. All copyright or other proprietary
notices must be kept intact. You may not distribute any of the content of any
of the Sites to any other person unless that person accepts all obligations
under these Terms. Any copyright owner consent may be revoked at any time, and
such consent does not include consent to republish Site information on any
other Internet, Intranet or Extranet site or to incorporate the information in
any other database or compilation, unless expressly given in writing. Any other
use of the content of this Site is strictly prohibited. You further agree that
you will not extract, collect or harvest, through electronic means or
otherwise, any data or data fields from this Site, including but not limited to
personally identifiable information of any other user of the Sites, or the
names of customers Operator or its Affiliates, Services Providers, or Business
Partners.
(c) Trademarks.
No trademark, service mark, certification mark, collective mark or trade dress
(collectively "Trademarks") owned by Operator, Service Providers, Affiliates or
Business Partners may be copied, imitated, or used, in whole or in part,
without prior written permission of the owner of the relevant Trademark. All
page headers, custom graphics, and button icons may be Trademarks owned by
Operator, Service Providers, Affiliates or Business Partners which may not be
copied, imitated, or used, in whole or in part, without the relevant owner's
prior written permission. No rights to use any Trademarks are granted under
these Terms. Certain company names and products mentioned on the Sites may be
claimed as Trademarks by their respective owners, who may not be affiliated
with Operator, Service Providers, Affiliates or Business Partners.
(d) Patents.
Some products and processes used on the Sites may be covered by, or may be subject
to, one or more patents and are subject to other trade secret and proprietary
rights. Operator, Service Providers, Affiliates and Business Partners reserve
all such rights. You agree not to infringe upon such rights or decompile,
reverse engineer, or disassemble any of the products or processes on the Sites.
(e) Software.
Any software, including any files, images generated by the software, code, and
data accompanying the software (collectively, "Software"), used or accessible
through the Sites may be used by you solely for accessing and using the Sites
for purposes expressly stated on the Sites or in an applicable written
document, provided that such uses are not competitive with or derogatory to
Operator or its Service Providers, Affiliates or Business Partners. Operator
and its Service Providers, Affiliates and Business Partners retain full and
complete title to and all intellectual property rights they may own in the
Software. You agree not to copy, distribute, sell, modify, decompile, reverse
engineer, disassemble or create derivative works based upon any Software.
(f) License.
Except as otherwise provided in our Privacy
Policy, in Supplemental Terms of Use posted on a Site, or in a separate
contract, you agree that any communications you transmit to anyone through the
Site or copyrighted works you post on the Sites, including, without limitation,
questions, comments, suggestions, ideas, plans, notes, drawings, configurations,
purchase orders, quotes, performance data, account information, or other
material, data or information (collectively, "Information"), need not be
handled as confidential by Operator or its Service Providers, Affiliates or
Business Partners and you further agree that upon transmission of such
information to Operator or its Service Providers, Affiliates or Business
Partners via email or other means you grant to Operator and its Service
Providers, Affiliates and Business Partners an irrevocable, non-exclusive,
royalty-free, sublicensable, worldwide license (including but not limited to a
copyright license) to prepare derivative works, use, reproduce, display,
publicly perform, transmit and distribute such Information and derivative works
thereof for any purpose.
6. User
Conduct - Security. In using any of the Sites, you agree not
to:
(a) disrupt or interfere with the security of,
or otherwise abuse, the Sites, or any services, system resources, accounts,
servers or networks connected to or accessible through the Sites or affiliated
or linked websites;
(b) disrupt or interfere with any other user's
enjoyment of the Sites or affiliated or linked websites;
(c) upload, post, or otherwise transmit through
or on any Sites any viruses or other harmful, disruptive or destructive files;
(d) use or attempt to use another's account,
service or system without authorization from Operator or create or use a false
identity on any Sites;
(e) transmit through or on any Sites spam,
chain letters, junk mail or any other type of unsolicited mass email to people
or entities who have not agreed to be part of such mailings;
(f) attempt to obtain unauthorized access to
any Site or portions of any Site that are restricted from general access
("Limited Access Areas");
(g) grant access to or use of any Limited
Access Areas of any Sites to any third party without Operator's prior consent
(evidenced by Operator's issuance of valid user name and password); or
(h) use the user name or password of any other
person at any time.
You also agree to keep any user name and password
issued to you safe from disclosure to third parties, and to be responsible for
all actions and communications undertaken or transmitted under your account.
7. User
Conduct - Online Communities and Other Interactive Areas. The
Sites may contain areas where you may post and share comments with other Site
users on a variety of subjects. You agree that you will not post or otherwise
disseminate on or through any of the Sites unlawful, harassing, libelous, tortious,
abusive, offensive, threatening, or obscene communications or material of any
kind, or materials which infringe or violate any third party's copyright,
Trademark, trade secret, 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 or regulation; or, that are otherwise
objectionable, including without limitation, content that evidences bigotry,
racism, sexism, or hatred, or that promotes or conveys information about
illegal activities or harm against anyone. Operator reserves the right but not
the obligation to remove any materials it deems objectionable. You agree to
hold harmless Operator and its Affiliates, Service Providers and Business Partners
from all claims based upon communications made or materials posted by others or
the use by third parties of any Site.
8. Termination.
Registered Users agree to notify Operator immediately when he/she is no longer
working for the company or other legal entity under which access to the Sites
was originally granted, or when such entity no longer consents to such access.
All termination notices must be sent to the Designated Address for each Site to
which the Registered User is registered, containing the following header:
"NOTICE OF TERMINATION/ CHANGE OF USER STATUS". The notice must specify the
extent of and effective date of the termination/change, the user name of the
individual who is subject to the notice, and the Site(s) for which access is
terminated. This termination/change will not affect any obligations or rights
of the parties arising before the effective date of termination or change.
Termination will be deemed effective at the earlier of: (a) transmission of an
Acknowledgment from Operator to the user expressly confirming the termination;
or (b) midnight on the first business day following Operator's receipt of the
termination notice.
9. Links
and Third Party Content.
(a) Links
to Other Websites. The Sites may from time to time contain
links to other websites or other Internet information sources ("Third Party
Sources"). These links are provided as a convenience and do not constitute an
approval, endorsement, sponsorship or recommendation by Operator of -- or
responsibility for -- the third parties or the linked Third Party Sources or
any content, services or products available on or through such Third Party
Sources.
(b) Links
from Other Websites. All links to any Site must be approved in
writing by Operator, except that Operator consents to links in which: (i) the
link is a text-only link containing only the name "GEPower.com" or the URL
"http//www.GEPower.com"; (ii) the link "points" only to http://www.gepower.com
and not to deeper pages; (iii) the link, when activated by a user, displays
this page full-screen in a fully operable and navigable browser window and not
within a "frame" on the linked website; (iv) the appearance, position, and
other aspects of the link may neither create the false appearance that an
entity or its activities or products are associated with or sponsored by
Operator or its Service Providers, Affiliates or Business Partners nor be such
as to damage or dilute the goodwill associated with the name and trademarks of
Operator or its Service Providers, Affiliates or Business Partners. Operator
reserves the right to revoke this consent to link at any time in its sole
discretion.
(c) Third
Party Content. Any Site may contain material, data or
information provided, posted or offered by third parties, including but not
limited to advertisements and postings in online community discussions. You
agree that neither Operator nor its Service Providers, Affiliates nor Business
Partners shall have any liability whatsoever to you for any such third party
material, data or information.
10. Disclaimers.
Unless Operator or one of its Service Providers, Affiliates or Business
Partners agrees otherwise in a separate writing, the following terms apply to
all activity on the Sites.
(a) THESE SITES, THEIR CONTENT AND THE
AVAILABILITY OF LISTED PARTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ALL SITE(S) AND/OR THEIR
CONTENT IS AT YOUR SOLE RISK.
(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS
PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF ANY SITE WILL NOT
EXPAND OPERATOR'S LIABILITY BEYOND THE LIMITS OF ANY CONTRACT UNDER WHICH
ACCESS HAS BEEN GRANTED. YOU UNDERSTAND AND AGREE THAT OPERATOR IS NOT
RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, LOSS OF DATA
OR MISDELIVERIES THAT RESULT FROM USE OF THE SITE OR DOWNLOAD OF ANY CONTENT,
DATA AND/OR SOFTWARE FROM THE SITES. OPERATOR ASSUMES NO RESPONSIBILITY FOR AND
MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY, COMPATIBILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR
MADE AVAILABLE THROUGH THE SITES. OPERATOR AND ITS SERVICE PROVIDERS,
AFFILIATES AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT ANY SITE OR ITS
CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN AN APPLICABLE WRITTEN CONTRACT.
(d)THE SITES TOGETHER WITH ANY DOCUMENTS ISSUED BY
OPERATOR OR ITS SERVICE PROVIDERS, AFFILIATES OR BUSINESS PARTNERS AND
AVAILABLE THROUGH THE SITES MAY CONTAIN CERTAIN "FORWARD-LOOKING STATEMENTS"
WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.
THESE STATEMENTS ARE BASED ON MANAGEMENT'S CURRENT EXPECTATIONS AND ARE SUBJECT
TO UNCERTAINTY AND CHANGES IN CIRCUMSTANCES. ACTUAL RESULTS MAY DIFFER
MATERIALLY FROM THESE EXPECTATIONS DUE TO CHANGES IN GLOBAL ECONOMIC, BUSINESS,
COMPETITIVE MARKET AND REGULATORY FACTORS. MORE DETAILED INFORMATION ABOUT
THOSE FACTORS IS CONTAINED IN OPERATOR'S FILINGS WITH THE SECURITIES AND
EXCHANGE COMMISSION.
(e) ALTHOUGH DATA, QUOTES, STATUS REPORTS,
TECHNICAL DRAWINGS, CONFIGURATIONS, AND CATALOG LISTINGS ON THE SITES ARE
BELIEVED TO BE ACCURATE, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE
INFORMATION AND THE USEFULNESS TO YOUR PARTICULAR NEEDS OF ANY PRODUCT OR
SERVICE. SPECIFICATIONS FOR PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT
NOTICE, AND OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS
PARTNERS RESERVE THE RIGHT TO MAKE CHANGES WITHOUT NOTICE TO PROCESSING,
MATERIALS, OR CONFIGURATION. PRODUCTS LISTED IN ONLINE CATALOGS ARE NOT
GUARANTEED TO BE AVAILABLE AT THE TIME OF YOUR ORDER.
11. Limitation
of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL OPERATOR OR ITS AFFILIATES, SERVICE PROVIDERS, BUSINESS
PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN
OPERATOR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE ANY SITE
OR ANY CONTENT CONTAINED ON ANY SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT
OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION 11 AND SECTION 10
ABOVE SHALL ALSO APPLY TO PROTECT THE PARENTS AND SUBSIDIARIES OF OPERATOR AND
ITS AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, AND SUPPLIERS,
AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THEM, WHO ARE
THIRD PARTY BENEFICIARIES OF THIS AGREEMENT FOR THIS PURPOSE, AND SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. General
(a) International.
Your access to any Site from territories where its contents may be illegal is
prohibited.
(b) Compliance
with Export Control Laws. All transactions and other activity
on any Site shall at all times be subject to and conditioned upon compliance
with all applicable export control laws and regulations and any amendments
thereof of the U.S.A. and user's country. User hereby agrees that it shall not,
except as said laws and regulations may expressly permit, make any disposition
by way of transshipment, re-export, diversion or otherwise, of technical
information (including but not limited to technical data and software) made
available on or through any Site, or the direct product thereof, other than as
permitted by applicable export control laws and regulations. Additional export
restrictions, including those relating to nuclear technical data, information,
software, assistance and services, may also apply, as stated in the Terms of
Use or Supplemental Terms of Use for a particular Site or any applicable
agreement. All obligations in this paragraph survive any termination of site
access, and discharge of any other contract obligations.
(c) Applicable
Law. These Terms shall be governed by and construed in
accordance with the laws of the State of New York, and the federal laws of the
United States of America, without giving effect to its conflict of laws
provisions. You agree to submit to the personal and exclusive jurisdiction of
the state or federal courts located within the State of New York for any
disputes arising from or related to any Site or these Terms. You also agree
that you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to United States
export restrictions, that relate to your use of or activities on this Site.
(d) English
Language. The parties agree that there shall be no requirement
to translate any of the Sites, or any portion thereof or content thereon, into
any other language than the one in which they appear, and that all contractual
and transactional communications shall be in the English language, and that
there shall be no requirement to translate any communication into any other
language.
(e) Enforceability.
These Terms are not intended to alter the terms or conditions of any other
agreement you may have with Operator or its Service Providers, Affiliates or
Business Partners to the extent that those agreements govern issues other than
your use of any of these Sites, nor any agreements that they may have with one
another. Should any provision in these Terms be found invalid or unenforceable
for any reason, that provision shall be deemed severable from the Terms and
shall not affect the validity or enforceability of the remaining provisions.
You agree that any claim arising out of or related to the terms or your use of
the Site must be filed within one year after it arose or be permanently barred.