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Terms of Use

Last updated March 3, 2017

Terms of Use

This Terms of Service and User Agreement (“Agreement”) is between “you,” the user, and G&A Outsourcing, Inc., dba G&A Partners, with its corporate headquarters at 17220 Katy Freeway, Suite 350, Houston, TX 77094, and its affiliated companies (all collectively “G&A”, “we,” “us,” or “our”).

This is a legal agreement between you and G&A.  By accessing and using the G&A Website, you acknowledge that you understand and agree to be bound by the terms of this Agreement, as well as our Privacy Policy, and further agree to comply with all applicable laws and regulations.  The content of our Privacy Policy can be found at www.gnapartners.com/privacy-policy/.

THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the terms of this Agreement, please do not use the G&A Website.

When we use the term “G&A Website” in this Agreement and in our Privacy Policy, we are including within that term and without limitation all content available on, through or otherwise as a part of the G&A website, including past, present and future versions of the G&A website, and including, without limitation any and all versions of: information; brochures; guides; graphics; layout; text; images; audio; video clips; data; design; downloads; interfaces; code and software; compilations; advertising copy; blogs; the “look and feel” of the G&A website; the selection, compilation, assembly and arrangement of the content; and all other materials and content available through the G&A website, our mobile features of the website, and our social media platforms.

G&A is not responsible if the G&A Website is not accurate, complete or current.  Please do not rely upon the G&A Website.  G&A MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE G&A WEBSITE, AND IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY CONTENT, OPINIONS, ADVICE, OR INFORMATION AVAILABLE ON THE G&A WEBSITE THAT IS OF INTEREST TO YOU.  The G&A Website may well include inaccuracies or errors and is subject to change without notice.

Use of the G&A Website.

The G&A Website is the exclusive property of and owned by G&A, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Subject to your strict compliance with this Agreement, G&A hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the G&A Website. No other use of the G&A Website is authorized. You agree that you will not use the G&A Website except as expressly permitted in this Agreement and will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, or create derivative works of the G&A Website.  You agree to use the G&A Website solely for your own personal use in your capacity as an employee of one of our customers or prospective customers. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute (in whole or in part) the G&A Website.

You agree that when accessing the G&A Website you will not: (a) use a false name, false email address, or other false identifying information; (b) impersonate anyone or any entity; or (c) otherwise provide information you know to be misleading or inaccurate.

In the event G&A determines, in its sole discretion, that you have violated this Agreement, G&A may block access to your use of the G&A Website, or block the downloading of content from the G&A Website, or pursue any other remedies available to it. That we may, from time to time, waive a breach of this Agreement will not be construed to be a waiver of any succeeding breach.

Trademarks.

Trademarks, logos and service marks displayed on the G&A Website (the “Trademarks”) are registered and unregistered trademarks of G&A. G&A does not grant you, and nothing on the G&A Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks. Use of any Trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by G&A, is strictly prohibited.

Third Party Links.

The G&A Website and other communications from G&A to you may include links, advertisements of other promotions for third party websites, social media platforms, or other third party goods or services. You expressly acknowledge and understand that G&A is not affiliated with such third parties and is not responsible or liable for your use of any such third party sites, goods or services. Your interactions and transactions with third parties found through the G&A Website or G&A communications are solely between you and the third party, not G&A. G&A will not reimburse or indemnify you for any losses you may incur as a result of any such third party dealings.

Disclaimers.

THE G&A WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE G&A WEBSITE IS AT YOUR SOLE RISK. G&A DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON OR AVAILABLE THROUGH THE G&A WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF, AND RELIANCE ON, THE G&A WEBSITE. NO OPINION, ADVICE, OR STATEMENT OF G&A, WHETHER MADE ON THE G&A WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.  G&A NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE OR DISPLAYED ON THE G&A WEBSITE.  G&A SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE G&A WEBSITE OR FROM YOUR USE OF THE G&A WEBSITE IN GENERAL.

Limitation of Liability; Remedy.

UNDER NO CIRCUMSTANCES SHALL G&A BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO: (A) THE G&A WEBSITE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE G&A WEBSITE; (C) YOUR USE OF OR RELIANCE UPON ANY INFORMATION OR CONTENT PROVIDED ON OR VIA THE G&A WEBSITE; (D) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE G&A WEBSITE; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.  EACH OF THE FOREGOING DISCLAIMERS APPLIES EVEN IF FORESEEABLE OR EVEN IF G&A HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE G&A WEBSITE). IN NO EVENT WILL G&A BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY.  YOU AND G&A AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE G&A WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE G&A WEBSITE IS TO STOP USING THE G&A WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF G&A FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE TEN DOLLARS ($10.00).  YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF G&A’S ACTS OR OMISSIONS, THE DAMAGE, IF ANY, CAUSED TO YOU IS NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE G&A WEBSITE AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY G&A WEBSITE, MOBILE FEATURE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY G&A.

Indemnification.

You agree to defend, indemnify and hold harmless G&A and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the G&A Website or activities in connection with the G&A Website; (c) your breach of this Agreement or of our Privacy Policy (www.gnapartners.com/privacy-policy/); (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) G&A’s use of your information as permitted under this Agreement, the Privacy Policy, or any other written agreement between you and us. You agree to cooperate fully with G&A in the defense of any claim. Notwithstanding your obligation to indemnify G&A, G&A reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will remain liable for the indemnification obligation. You will not settle any claim without the express written consent of G&A.

Severability.

If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of this Agreement will remain in effect.

Governing Law.

This Agreement is governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law, and you irrevocably consent to the jurisdiction of the courts located in Harris County, Texas for any action arising out of or relating to this Agreement or our Privacy Policy. You agree to be responsible for compliance with all local laws of locations from which you access the G&A Website. A printed version of this Agreement and of our Privacy Policy is admissible in judicial and administrative proceedings.

Modifications to this Agreement.

We reserve the right to modify or add to this Agreement at any time without prior notice, and you agree that we may do so.  We will link to the latest version of this Agreement on the home page of the G&A Website, and your use of the G&A Website after we have posted the updated terms constitutes your agreement to these updated terms.  Therefore, you should review this Agreement each time before using the G&A Website. The updated terms will be effective as of the time of posting and will apply to your use of the G&A Website from that point forward.

Assignment.

We may assign this Agreement in whole or in part, without notice to or consent from you. You may not assign this Agreement without our prior written consent.

Notice for California Users.

This notice is for our California users. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Information.

If you would like to contact us, we may be reached at:

G&A Partners
17220 Katy Freeway, Suite 350
Houston, TX 77094
713-784-1181
info@gnapartners.com

 

 

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