1. ACCEPTANCE OF TERMS.
Welcome to the " Advantium Community" Website ("Site"). General Electric Company, through its GE Consumer & Industrial business component ("GE"), is the operator of the Site, although software, hosting, other functions, Site content, advertisements, goods and services being offered for sale or links to other Websites may be provided by unaffiliated third-party service providers ("Service Providers"), affiliates of GE, including other General Electric Company business groups ("Affiliates") or other companies with a business relationship with GECI ("Business Partners"). GE's Affiliates, Service Providers and Business Partners are intended to be third party beneficiaries of these Terms of Use.
By accessing and using the Site you agree to be bound by the following Terms of Use ("TOU"), which may be updated by GE from time to time without notice to you. You can review the most current version of the TOU at any time at:
Terms of Use GE or its subsidiaries, affilliates and may also offer other services that are governed by different Terms of Service. In such a case, the Terms of Service applicable to those services shall be posted at the applicable GE site
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2. DESCRIPTION OF THE SERVICE.
The Site currently provides users such as you with access to a collection of resources, including recipes, online food tips, household appliance information, and other internet services (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GE to provide the Service. You understand and agree that the Service is provided "AS-IS" and that GE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
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3. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of the Site and/or the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any required Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
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5. USER ACCOUNT, PASSWORD AND SECURITY.
You may receive a password and account designation upon completing the registration process required to use the Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify GE of any unauthorized use of your password or account or any other breach of security. GE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USER CONDUCT.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Site. GE does not control the Content posted by users on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site and/or via the Service.
You agree that you shall not use the Service or the Site to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content on the Site and/or
transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright, intellectual property or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
intentionally or unintentionally violate any applicable local, state, national or international law; or
collect or store personal data about other users.
You acknowledge that GE may or may not pre-screen Content, but that GE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, GE and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that GE may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GE, its users and the public.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE.
GE DOES NOT CLAIM OWNERSHIP OF CONTENT YOU SUBMIT OR MAKE AVAILABLE FOR INCLUSION ON THE SERVICE. HOWEVER, WITH RESPECT TO CONTENT YOU SUBMIT TO GE, OR MAKE AVAILABLE FOR INCLUSION ON PUBLICLY ACCESSIBLE AREAS OF THE SITE (SUCH AS SUBMIT A RECIPE), YOU GRANT AND AGREE TO GRANT TO GE A FULLY PAID-UP, PERPETUAL, IRREVOCABLE AND FULLY SUBLICENSABLE LICENSE TO USE, DISTRIBUTE, SELL, LICENSE, SUBLICENSE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORK OF, ADAPT, PUBLICLY PERFORM AND PUBLICLY DISPLAY SUCH CONTENT (IN WHOLE OR IN PART) AND TO INCORPORATE SUCH CONTENT INTO OTHER WORKS IN ANY FORMAT OR MEDIUM NOW KNOWN OR LATER DEVELOPED.
9. INDEMNITY.
You agree to indemnify and hold GE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available on the Site and/or through the Service, your use of the Site or the Service, your connection to the Site, your violation of the TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site (including your GE I.D.), use of the Service, or access to the Site or the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE.
You acknowledge that GE may establish general practices and limits concerning use of the Site, including, by way of example only, the maximum disk space that will be allotted on GE's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or use the Service in a given period of time. You agree that GE has no responsibility or liability for the deletion or failure to store any Content, data or other Content maintained or transmitted by the Site or the Service. You acknowledge that GE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GE reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE.
GE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or the Service (or any part thereof) with or without notice. You agree that GE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or the Service.
13. TERMINATION.
You agree that GE may, under certain circumstances and without prior notice, immediately terminate your GE account, any associated email address, and access to the Site and/or the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site or the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
14. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers (other than GE) on the Site.
15. LINKS.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GE has no control over such sites and resources, you acknowledge and agree that GE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. GE'S PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GE or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
GE grants you a personal, non-transferable and non-exclusive right and license to use the Site on a single computer via remote access through the World Wide Web; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or the Service. You agree not to access the Site or the Service by any means other than through the interface that is provided by GE for use in accessing the Site and the Service.
17. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GE MAKES NO WARRANTY THAT (i) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE OR THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH OR FROM THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.
21. NOTICE.
GE may provide you with notices, including those regarding changes to the TOU, by either email, regular mail, or postings on the applicable World Wide Web page where you access or use the Site or the Service.
22. TRADEMARK INFORMATION.
The GE name and the GE logo (the "GE Marks"), are regsitered trademarks of GE. Without GE's prior permission, you agree not to display or use in any manner, the GE Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.
GE respects the intellectual property of others, and we ask our users to do the same. GE may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at:
By mail:
Webmaster
Forum III, 305 North Hurstbourne Pkwy, 2A #20
Louisville, KY 40222
By phone: 800-626-2005
By email: consind.webmaster@ge.com
24. GENERAL INFORMATION.
Entire Agreement. The TOU constitutes the entire agreement between you and GE and governs your use of the Site and/or the Service, superceding any prior agreements between you and GE. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GE services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and GE shall be governed by the laws of the State of New York without regard to its conflict of law provisions and the federal laws of the United States of America, without giving effect to 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 the Site or these Terms of Use.
Other. These Terms of Use are not intended to alter the terms or conditions of any other agreement you may have with GE, its Affiliates, Service Providers or Business Partners to the extent that those agreements govern issues other than your use of the Site, nor any agreements that they may have with one another.
Waiver and Severability of Terms. The failure of GE to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOU are for convenience only and have no legal or contractual effect.
25. VIOLATIONS.
Please report any violations of the TOU to consind.webmaster@ge.com
