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Greenville, NC Online
Disclaimer/Privacy
Statement
This Agreement sets forth the
terms and conditions which apply to your use of the
Greenville, NC Online
Web site (the “GNCO Web site”) operated by Potter's Creek
Business Solutions (“PCBS”) and any other product or service
offered for sale by GNCO through the GNCO Web site. The
right to use the GNCO Web site and any other product or
service offered by
GNCO through the GNCO Web site is personal
to you and is not transferable to any other person or
entity.
1. Definitions. The
“Service” entails listing and advertising services
performed by
GNCO and on the World Wide Web of the
Internet accessible through the
GNCO Web site.
“Member” includes the purchaser of the service, any
officers, directors, or employees of the Member, or any
members of their immediate family. "Visitor" means each
person who browses the
GNCO Web site, or
registers to use any of the products or services, or
features thereof, of the Service for which registration is
required or requested without purchasing the Service. “Guest(s)”
refers to both Members and/or Visitors alike.
2. General.
GNCO
shall have the right at any
time to change or discontinue any aspect or feature of the
Service, including, but not limited to, content, hours of
availability, registration requirements and equipment needed
for access or use.
3. Changed Terms.
GNCO shall have
the right at any time to impose, change, or modify its other
terms and conditions applicable to use of the Service, or
any part thereof, or to impose new terms and conditions.
Such changes, modifications, additions, or deletions shall
be effective immediately upon notice thereof, which may be
given by any reasonable means including, but not limited to,
posting on the Service a revised version of this Agreement
or notification by electronic or conventional mail. Any use
of the Service by a Guest after such notice (other than to
terminate the Member’s membership pursuant to Section 9
hereof) shall conclusively be deemed to constitute
acceptance by the Guest of such changes, modifications,
additions, or deletions. The Guest agrees to review the
terms and conditions periodically to be aware of such
revisions.
4.Guest Conduct.
(A) The Service shall be used
for lawful purposes only. No material shall be posted on or
transmitted which violates or infringes in any way upon the
rights of others; which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane, indecent or otherwise objectionable; or
which encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violates
any law. No conduct shall be undertaken that, in the
GNCO’s sole and
absolute judgment, restricts or inhibits any other user from
using or enjoying the Service. Advertising or commercial
solicitation may not be posted on or transmitted through the
Service by a Guest without prior written approval from the
GNCO.
(B) The Service contains
copyrighted material, trademarks and other proprietary
information including, but not limited to, text, software,
photos, video, graphics, music and sound. Except as
otherwise expressly permitted under copyright law, no
copying, redistribution, publication or commercial
exploitation of downloaded material from the Service will be
permitted without the express-written permission of the
GNCO and any other
copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademarks
legend or copyright notice shall be made. Each Guest
acknowledges that he or she does not acquire any ownership
rights by downloading copyrighted material.
(C) No material protected by
copyright, trademark or other proprietary right shall be
uploaded, posted or otherwise made available by a Guest on
the Service without the express permission of the owner of
the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by
copyright rests with the Guest. The Guest shall be solely
liable for any damages resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting
from any uploading, posting or submission.
(D) The foregoing provisions of
this Section 4 are for the benefit of the
GNCO, its
affiliates, and third-party content providers and licensors,
if any, and each shall have the right to assert and enforce
such provisions directly on its own behalf.
5. Third Party Content.
The Service contains content supplied by parties other than
the
GNCO. Any opinions,
advice, statements, services, offers, or other information
or content expressed or made available by such third
parties, including information providers and Guests, are
those of the respective author(s) or distributor(s) and not
of the
GNCO. Neither the
GNCO nor any third
party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
(Refer to Section 6 below for the complete provisions
governing limitation of liabilities and disclaimers of
warranty.) The content available through the Service
represents the opinions and judgments of the respective
information provider or Guest, and not of the
GNCO.
6. Disclaimer of
Warranty: Limitation of Liability.
(A) EACH GUEST EXPRESSLY
AGREES THAT USE OF THE SERVICE IS AT HIS OR HER SOLE RISK.
NEITHER THE
GNCO, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY,
OR CONTENT OF ANY INFORMATION, SERVICE, [OR MERCHANDISE]
PROVIDED THROUGH THE SERVICE.
(B) THE SERVICE IS PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THE DISCLAIMERS OF
LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT THE
GNCO IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD
PARTIES, INCLUDING GUESTS AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH EACH GUEST.
(D) IN NO EVENT WILL THE
GNCO OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY
WARRANTY.
(E) THE
GNCO NEITHER
ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICE,
NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE
ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL THE
GNCO BE LIABLE FOR
ANY LOSS OR DAMAGES CAUSED BY A GUEST'S RELIANCE ON
INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS
ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH GUEST TO
EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE
THROUGH THE SERVICE.
(F) THE
GNCO DOES NOT
ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED
BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY
TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY GUEST
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, EACH GUEST SHOULD USE HIS OR HER BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(G) EACH GUEST SPECIFICALLY
ACKNOWLEDGES THAT IN NO EVENT WILL THE
GNCO, ITS
AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF (I) THE USE BY SUCH
GUEST OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR
(II) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY
ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.
7. Monitoring. The
GNCO shall have the
right, but not the obligation, to monitor the content of the
Service to determine compliance with this Agreement and any
other operating rules established by the
GNCO. The
GNCO shall have the
right in its sole and absolute discretion to edit, refuse to
post or remove any material submitted to or posted on the
Service. Without limiting the foregoing, The
GNCO shall have the
right to remove any material that the
GNCO, in its sole
and absolute discretion, finds to be in violation of the
provisions hereof, otherwise objectionable or stale.
Notwithstanding this right of the
GNCO, Guests shall
remain solely responsible for the content of their messages.
Each Guest acknowledges and agrees that neither the
GNCO nor any third
party content provider shall assume or have any liability
for any action or inaction by the
GNCO or any third
party content provider with respect to any conduct,
communication or posting on the Service.
8. Indemnification. Each
Guest agrees to defend, indemnify, and hold harmless the
GNCO, its
affiliates, and their respective directors, officers,
employees, and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use
of the Service by such Guest.
9. Termination. Either
the
GNCO
or Guest may terminate this Agreement at any time. Guest's
only right with respect to any dissatisfaction with (I) any
terms and conditions of this Agreement, (II) any policy or
practice of the
GNCO
in operating the Service, or (III) any content available
through the Service or any change therein, is to terminate
this Agreement by sending a written notice by e-mail to
support@potterscreek.com.
Without limiting the foregoing, the
GNCO
shall have the right to immediately terminate, without
refund, this Agreement with respect to any Guest in the
event of any conduct by Guest which the
GNCO,
in its sole and absolute discretion, considers to be
unacceptable, or in the event of any breach by Guest of this
Agreement, which results in the guest’s termination of
membership. Guests electing to terminate their membership
can do so at any time, without refund. The provisions of
Sections 3, 4, 5, 6, 7, 8, and this, Section 9, shall
survive termination of this Agreement.
10. Trademarks.
Trademarks are registered trademarks of the
GNCO. All rights
reserved. All other trademarks appearing on the Service are
the property of their respective owners, including, in some
instances, the
GNCO.
11. Equipment. Each
Guest shall be responsible for obtaining and maintaining all
telephone, computer hardware, and other equipment needed for
access to and use of the Service, and Guests shall be
responsible for all charges related thereto.
12. Privacy. See The
GNCO Privacy Policy.
13. Arbitration. Any
dispute, controversy or claim arising out of or in
connection with, or relating to, this Agreement or any
breach or alleged breach hereof that is capable of being
arbitrated shall, upon the request of any party involved, be
submitted to, and settled by, arbitration in the City of
Greenville, State of North Carolina, pursuant to the
commercial arbitration rules then in effect of the American
Arbitration Association (or at any time or at any other
place or under any other form of arbitration mutually
acceptable to the parties so involved). Any award rendered
shall be final and conclusive upon the parties and a
judgment thereon may be entered in the highest court of the
forum, state or federal, having jurisdiction. The expenses
of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and
bear the cost of its own experts, evidence and counsel's
fees, except that in the discretion of the arbitrator, any
award may include the cost of a party's counsel if the
arbitrator expressly determines that the party against whom
such award is entered has caused the dispute, controversy or
claim to be submitted to arbitration as a dilatory tactic.
Demand for arbitration must be made within the period of the
applicable statute of limitations.
14. Miscellaneous. This Agreement and any operating
rules for the Service established by the
GNCO constitute the
entire agreement of the parties with respect to the subject
matter hereof, and supercede all previous written or oral
agreements between the parties with respect to such subject
matter. All notices and other communications hereunder
shall be in writing and may be given by any reasonable means
including, but not limited to, posting on the Service or
notification by electronic or conventional mail at the
Guest’s last known address. This Agreement shall be
construed in accordance with the laws of the State of North
Carolina, without regard to its conflict of law rules. No
waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any
legal import.
Privacy Policy
The
GNCO
Web site is maintained by Potter’s Creek Business Solutions
and follows the Potter’s Creek Business Solutions Privacy
Policy as detailed below. The
GNCO’s
address is 2018 Mercury Drive, Greenville, North Carolina,
USA 27858 (Hours by appointment). The GNCO can also be
reached by e-mail at info@greenvillenconline.com.
The GNCO Web site does not collect personal information
about individuals except when knowingly provided by such
individuals (or as otherwise detailed below). Any personal
information (e.g., name, e-mail address, etc.) provided by
such individuals may be used in connection with the
GNCO, the
GNCO Web site and
for and for internal
GNCO purposes only.
GNCO does not
maintain "member lists" for sale.
Minors must have the permission
of their parent or guardian before sending any information
about themselves over the
GNCO Web site and
its associated services.
©Copyright
Greenville, NC
Online
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