GE Web Site Terms Of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE SITE.

General Electric Company, through its Lighting Business ("GELS"), is the operator of this Website, including but not limited to www.gelightingsystems.com and its affiliated sites (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 GELS, including other General Electric Company business groups ("Affiliates") or other companies with a business relationship with GELS ("Business Partners"). GELS’s Affiliates, Service Providers and Business Partners are intended to be third party beneficiaries of these Terms of Use. The Site is not directed to children under 13 years of age. Children under 13 years of age may not use the Site to submit any individually identifiable information about them.

These Terms of Use may be changed from time to time without further notice. Your continued use of the Site after any of these Terms of Use have been changed constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Site or download materials from it.

GELS, its Affiliates, Services Providers and Business Partners may terminate, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. GELS, its Affiliates, Service Providers and Business Partners may remove, modify or otherwise change any content, including that of third parties, on or from the Site. GELS, its Affiliates, Service Providers and Business Partners may impose limits on certain features and services or restrict your access to parts or to the entire Site without notice or liability. GELS, its Affiliates, Service Providers and Business Partners may terminate your use of the Site in their sole discretion.

1. Proprietary Rights

Copyrights. GELS, its Affiliates, Service Providers and Business Partners reserve copyrights in all of the content of the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, and other files and their selection and arrangement (the "Content"). The Content may not 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 GELS’s prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to GELS, its Affiliates or Service Providers, provided that you keep all copyright or other proprietary notices in tact and that you do not transfer any Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any other Internet, Intranet or Extranet site or to incorporate Content in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on the Site, please contact GELS for more information.

Trademarks. Trademarks of GELS, its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of GELS. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and or/or trade dress of GELS, its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of GELS. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Site are the property of their respective owners.

Patents. Some of GELS’ products and processes and those of its Affiliates, Service Providers and Business Partners used on the Site may be covered by one or more patents and are subject to other trade secret and proprietary rights. GELS, its Affiliates, Service Providers 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 of GELS, its Affiliates, Service Providers or Business Partners.

Software. Any software, including any files, images generated by the software, code and data accompanying the software (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to GELS, its Affiliates, Service Providers and Business Partners. GELS, its Affiliates, Service Providers and Business Partners retain full and complete title to 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 from any Software.

2. User Conduct - General.

In using the Site, you agree not to:

(a) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
(b) disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
(c) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
(d) use or attempt to use another’s account, service or system without authorization from GELS or a Service Provider, or create or use a false identity on the Site;
(e) transmit through or on the Site 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 the Site or portions of the Site which are restricted from general access; and
(g) divulge your username or password to others either on or off the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and 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 the Site. The Site is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing or using the Site, do not access or use the Site. GE makes no representation that the Site is appropriate or available for use outside the United States.

3. User Conduct - Online Communities and Other Interactive Areas.

The Site 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 Site 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 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 illegal activities or physical harm against anyone. GELS and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you. You agree to hold harmless GELS, 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 the Site.

4. Online Communications on and Through the Site.

Except as otherwise provided in our Privacy Policy you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, requests for quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to GELS, its Affiliates, Service Providers and Business Partners by any means you grant to GELS, its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information in any media for any purpose.

5. Privacy Policy.

GELS’ Privacy Policy, incorporated by this reference, describes the type of information GELS, its Affiliates and Service Providers collect when you visit the Site and how they use that information. Please review our Privacy Policy for more information.

6. Product and Service Information - Limitations.

All content available through the Site, including but not limited to data, quotes, status reports, technical drawings, configurations, order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through the Site. Specifications for products and services are subject to change without notice, and GELS, its Affiliates, Service Providers and Business Partners reserve the right to make changes to processing, materials or configuration without notice. They do not guarantee that products listed in online catalogs will be available at the time of your order. All information on the Site is subject to the disclaimers of Section 8 below.

7. Links and Third Party Content.

Links to Other Websites. The Site 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 endorsement, sponsorship or recommendation by GELS or - or responsibility for - third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.

Links from Other Websites. All links to the Site must be approved in writing by GELS, except that GELS consents to links in which: (a) the link is a text-only link containing only the title of the home page of the Site; (b) the link "points" only to the home page of the Site and not to deeper pages, (c) the link, when activated by a user, displays the home page of the Site full-screen and not within a "frame" on the linked website, and (d) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by GELS, its Affiliates, Service Providers or Business Partners, or (ii) be such as to damage or dilute the good will associated with the name and trademarks of GELS, its Affiliates, Service Providers or Business Partners. GELS reserves the right to revoke this consent to link any time in its sole discretion.

Third Party Content. The Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither GELS, nor its Affiliates, Service Providers or Business Partners shall have any liability whatsoever to you for any such third party material, data or information.

8. Disclaimers

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GELS, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT NEITHER GELS, THE SERVICE PROVIDERS NOR AFFILIATES CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, GELS, THE SERVICE PROVIDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. GELS, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES GELS, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

GELS, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GELS, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THEIR LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.

GELS, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GELS, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. THE SITE TOGETHER WITH ANY DOCUMENTS ISSUED BY GELS, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS AND AVAILABLE THROUGH THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "BELIEVE," "EXPECT," "PLANS," " MAY," " WILL," "SHOULD," "ANTICIPATES," OR SIMILAR STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS INCLUDE BUT ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATING COSTS, CAPITAL EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE, DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND EARNINGS ESTIMATES OR TRENDS AND EXPANSION PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR IMPLIED. THE INFORMATION CONTAINED IN EACH PARTY’S MOST RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN OTHER OWNER FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO BE REALIZED. GELS, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS UNDERTAKE NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE SUCH STATEMENTS WERE MADE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GELS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN GELS FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. General.

Applicable Law. These Terms of Use 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 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 GELS, 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. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claims arising out of or related to these Terms of Use or your use of the Site must be filed within one year after it arose or be permanently barred.