GE Energy Extranet Website Terms of Use
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PLEASE READ THESE TERMS OF USE ("TERMS")
CAREFULLY BEFORE USING ANY WEBSITE ON WHICH THESE TERMS ARE POSTED
("SITE(S)"). BY USING 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.
THESE TERMS SHALL NOT ALTER OR OVERIDE THE TERMS OR
CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH THE SITE
OPERATOR OR ITS SERVICE PROVIDERS, AFFILIATES OR BUSINESS
PARTNERS, EXCEPT TO THE EXTENT THAT THOSE AGREEMENTS DO NOT
ADDRESS ISSUES RELATED TO YOUR USE OF THESE SITES THESE TERMS
SHALL SUPPLEMENT SUCH PRIOR AGREEMENTS.
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 eighteen (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 or 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 the Site without liability, provided that
Registered Users will receive notice. Operator may also without
liability: (a) remove, modify or otherwise change any user’s Site
access for 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 GEII. All obligations created
before termination shall survive termination.
4. 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 (e.g., the specific Project on a
ProjectNet site), and not publish or otherwise disclose it to
others; (ii) if any information contains restrictions on use of
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,
button icons, and scripts are 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 posted
privacy notice 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"), are non-confidential and
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.
5. 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.
6. 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 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.
7. 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, if less than all. 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.
8. 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 "ge-energy.com" or the URL
"http//www.ge-energy.com"; (ii) the link
"points" only to http://www.ge-energy.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.
9. 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 MAKES
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.
10. 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.
11. 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 USA. 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.
(d) 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 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.
By clicking "I Agree" below, I
represent that I am the person I am identifying myself to be in
this registration process, and that I have read and agree to be
bound by these Terms. I agree that the act of clicking the "I
Agree" button below will attribute my signature to these
Terms of Use with intent to create a binding record of agreement
with the same legal effect, validity and enforceability of a
handwritten signature and paper document.