Overview. The Website allows you to view an informational video about flatulence and to access information about various food products and how “gassy” they are.
Use of the Website. The Website is provided for your sole personal and non-commercial use and for informational purposes only. Your use of the Website is subject to this Agreement and all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Any other use of the Website requires the prior written consent of GSP.
Terms and Conditions
You may not use the Website for any commercial purposes, including without limitation to sell a product or service; to increase traffic to your website for commercial reasons, such as advertising sales; to take the results from the Website and reformat and display them, or use any robot, spider, data mining techniques, other device or manual process to monitor or copy any content from the Website. In addition, you may not: (i) copy, modify or distribute the Website for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Website to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Website or components thereof; (iv) make the functionality of the Website available to multiple users through any means; (v) disrupt the Website or any other user’s use of the Website, including without limitation via means of overloading, “flooding,” “mailbombing” or “crashing” the Website or circumventing security or user authentication measures; or (vi) use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement.
You may not frame portions of the Website within another website or establish links from any other website to any page of the Website other than the home page. You may not resell use of, or access to, the Website to any third party.
We and/or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos and other intellectual property or proprietary rights contained on or used in connection with the Website. All rights not granted under this Agreement are reserved by us and/or our licensors.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You will comply with all applicable third party terms and conditions when using the Website. We provide the Website "as is" and shall not be held liable for your use of the Website, or any other information, content or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THE MATERIAL AND/OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Under no circumstances shall we or our affiliates or licensors be liable to you on account of your use or misuse of or reliance on the Website.
In addition to any right or remedy that may be available to GSP under this Agreement or applicable law, GSP expressly reserves the right to suspend, limit or terminate your access to the Website, at any time with or without notice and with or without cause, including if GSP determines, in GSP’s sole discretion, that you pose a threat to the Website or its users. In addition, GSP may refer any information on illegal activities, including your identity, to the proper authorities.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GSP OR ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OR ANY OF THEIR RESPECTIVE SUCESSORS OR ASSIGNS (COLLECTIVELY, THE “GSP PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10.00 USD).
Indemnity. You agree to indemnify and hold GSP Parties harmless from any claim or demand, and any damages, costs, or expenses arising in connection with your use of the Website, including reasonable attorneys’ fees and costs made by any other party, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the right of another party, or any loss, damage or injury that may be sustained by you or by others or property in connection with the Website, including but not limited to those injuries and damages caused by the negligence of GSP Parties.
Contact Information. This Website was developed by or for GSP. Should you have any questions, complaints, or comments, you may contact us at firstname.lastname@example.org
Privacy. The Website is intended for use by persons aged thirteen (13) and older. We have no interest in collecting personally identifiable information from children under the age of thirteen (13). Additionally, the privacy of your personal information is very important to us. No personal information will be collected from you or stored in connection with your use of the Website.
Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws of, and exclusively in or nearest to, the state and federal courts of the County of San Francisco, California without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts. Any claims asserted by you in connection with the Website must be asserted in writing to GSP within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Arbitration: YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE WEBSITE OR THIS AGREEMENT. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO IN THE STATE OF CALIFORNIA.
Links: This Website may contain links to other websites not maintained by GSP, and through such links GSP may be able to engage in certain transactions with third parties. GSP encourages you to be aware when you leave the Website and to read the terms and conditions and privacy statements of each and every website that you visit. GSP is not responsible for the practices or the content of such other websites or services.
Waiver; Remedies: The failure of GSP to partially or fully exercise any rights or the waiver of GSP of any breach of this Agreement by you shall not prevent a subsequent exercise of such rights by GSP or be deemed a waiver by GSP of any subsequent breach by you of the same or any other term of this Agreement. The rights and remedies of GSP under this Agreement and any other applicable agreement between you and GSP shall be cumulative, and the exercise of any such right or remedy shall not limit GSP’s right to exercise any other right or remedy.
Changes: All information posted on the Website is subject to change without notice. In addition, this Agreement may be changed at any time without prior notice. GSP will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
Severability: If any part of this Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of this Agreement, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
This Agreement was last updated on May 5, 2014