Effective: December 14, 2021
EACH TIME YOU ACCESS OR USE THE WEBSITE, YOU ARE FULLY ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS IN THEIR THEN-CURRENT FORM. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, DO NOT ACCESS OR USE, AND PLEASE IMMEDIATELY EXIT, THE WEBSITE.
We may revise these Terms any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from the Website and will apply to you prospectively, so you should check back each time you visit the Website so you are aware of any changes, as they are binding on you.
In order to accept these Terms, access and use the Website and Content, and/or create an Account, you must be at least 18 years of age. If you are accessing or using the Website or Content or creating an Account on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s behalf and that the person agrees to be responsible to us if you or the other person or entity violates these Terms. You hereby affirmatively represent that (a) you are at least 18 years of age; (b) you have all the applicable rights and authority to grant GSE the rights granted herein; and (c) you have read, understood, and agree to be bound by these Terms.
4.1 Account creation
4.2 Account Protection
You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at firstname.lastname@example.org with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.
4.3 Account termination
You may terminate your Account at any time by sending an e-mail to email@example.com with “Cancel Account” in the subject line. Please allow fourteen (14) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination. We further disclaim any value you may attribute to any of your data stored on our servers. Our rights under these Terms will survive any termination of your Account or cessation of your use of the Website.
We may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content”) on the Website or in your Account. Except for the license you grant below, you retain all rights in and to your User Content, as between you and GSE.
You grant GSE a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully- paid, and sub-licensable license to use, copy, control, distribute, exhibit, exploit, edit, broadcast, reproduce, modify, adapt, publish, translate, participate in the transfer or sale, create derivative works from (or incorporate into other works), distribute, perform, display, and otherwise exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats, means, and channels now known or later developed (i.e., print, broadcast, online and all digital media, social media platforms, etc.) without compensation to you. When you post or otherwise share User Content on or through the Website, you understand that your User Content and any associated information (such as your username) will be visible to the public. You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about GSE, our products, the Website, our services (collectively, “Feedback”), is non-confidential and will become the sole property of GSE. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you tag us in your social media post (“Post”) or incorporate our name or branding into a hashtag in a Post, you agree to the following:
You consent and grant to GSE the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, control, distribute, exhibit, exploit, edit, broadcast, reproduce, modify, adapt, publish, translate, participate in the transfer or sale, create derivative works from (or incorporate into other works), distribute, perform, display, and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across GSE digital properties, including on GSE branded websites and social media pages (“GSE Pages”) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve GSE’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for GSE’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the GSE’s direct control and does not necessarily reflect the views of GSE. While GSE may curate Posts, GSE does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by GSE at any time and for any reason.
The rights to information posted on the Website or GSE Pages may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than GSE. Additionally, certain content displayed and contained within GSE Pages is the original authorship of GSE and is owned exclusively by GSE. By being a user of or posting on any of GSE Pages, you acknowledge that you may not use, copy, control, distribute, exhibit, exploit, edit, broadcast, reproduce, modify, adapt, publish, translate, participate in the transfer or sale, create derivative works from (or incorporate into other works), distribute, perform, display, or in any way exploit any of the content found, whether owned by GSE or a third party, other than as provided herein.
You may request removal of any of your Post by sending a removal request email to firstname.lastname@example.org. Your email must include a link to the URL or complete description of the GSE Pages or social media account on which your Post is posted. We reserve the right to deny any such requests.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Website or an Account. You will not:
You may also only post or otherwise share User Content or Posts that are non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content or Post that:
In addition, although we have no obligation to screen, edit or monitor User Content or Posts, we may delete or remove User Content or Posts at any time and for any reason.
8.1 Intellectual Property Rights
The Website and all Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by or licensed to GSE and are protected under both United States and foreign laws including applicable copyrights and trademarks.
Except as explicitly stated in these Terms, GSE and our licensors reserve all rights in and to the Website and Content. The posting of Content on the Website does not constitute a waiver of any rights as to such information and materials by GSE. You should assume that all Content of the Website is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without the express written permission of GSE or the original creator of the material.
Product names, logos, trademarks, trade names, slogans, and service marks that are used or displayed on the Website (collectively, the “Trademarks”) are registered or unregistered trademarks and the exclusive property of GSE. No use of the Trademarks may be made without GSE’s prior written authorization, except to identify the product or services of the company. Other product names, logos, slogans, trademarks, and service marks appearing on the Website that are not owned by GSE may not be used without express permission from its owner.
8.2 Limited License to Use
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Website and Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Website or Content; (b) copy, reproduce, distribute, publish, or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Website or Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Website or Content other than for their intended purposes. You do not acquire ownership rights to any Content or any content, document or other materials viewed through the Website or an Account. Any use of the Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
8.3 Copyright Complaints
GSE respects the intellectual property rights of others and expects users to do the same. We have a policy of limiting access to the Website and terminating the Accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Website infringes any copyright that you own or control, you may notify GSE’ designated copyright agent by mail at GSE, Attn: Legal Department, 909 Prospect St., Suite 200, La Jolla, CA 92037. You may also notify us by email at email@example.com using “IP Complaint” in the subject of your email. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Website is infringing, you may to liable to GSE for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless GSE and its shareholders, officers, directors, agents, licensors, suppliers, service providers, affiliates employees, partners, and representatives (the “GSE Parties”) from and against any and all claims, demands, causes of action, losses, expenses, costs, damages and/or liabilities, including reasonable attorney’s fees and court costs (“Claims”), incurred by the GSE Parties in any way related to your (a) your use or misuse of the Website or an Account; (b) your User Content, Posts, or Feedback; (c) your violation of these Terms; (d) your violation of any rights of another; (e) your violation of any applicable law or regulation; and (f) your submission of inaccurate, untimely, incomplete or misleading Account registration information, User Content or Posts. You agree to promptly notify the GSE Parties of any third party Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree to cooperate as requested by the GSE Parties in the defense of such claims and that the GSE Parties shall have control of the defense or settlement of any third party Claims. You agree that you shall not, in any event, settle any claim or matter on behalf of any of the GSE Parties without the written consent of GSE.
GSE permits other websites to link to this Website, provided that these links comply with the guidelines set forth herein. Links to this Website from other websites should be text-only and may not include GSE’s logo or other intellectual property. We strictly prohibit any suggestions of GSE endorsement or recommendation of a specific company, product, or service.
This Website may include links to other websites. These links are provided solely for purposes of convenience. GSE is not responsible for the content or accuracy of data contained on other sites or other websites’ privacy practices. GSE is not liable for any damages or injury arising from content contained on other websites. Links to third-party websites are not a referral, recommendation, or endorsement of any other entity, item, or service. You release the GSE Parties from any damages that you may incur, and agree not to assert any claims against them, arising from your access to and use of a third-party website, or your purchase or use of third-party supplied data, products and services. Third-party websites may also contain information about products or services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications, formulations and/or restrictions in different countries. You should not construe anything on the Website as a promotion or solicitation for any third-party product that is not authorized by the laws and regulations of the country in which you are located.
You should not construe anything on the Website as a promotion or solicitation for any product or for the use of any product, that is not authorized by the laws and regulations of the country in which you are located. The Website provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, treatment protocols, dosages, and restrictions.
GSE appreciates hearing from its customers and welcomes your comments regarding this Website, the Content, and/or GSE products. However, it is our policy not to accept unsolicited ideas about new products, advertising or marketing concepts or improvements. We employ a staff and consultants that may be working on ideas that are the same or similar to yours. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and becomes our property. GSE shall be free to use the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services, at our sole discretion, without compensation to you.
WE PROVIDE THE WEBSITE AND CONTENT ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GSE DOES NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE WEBSITE AND CONTENT: (I) ARE RELIABLE, WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.
IF YOU USE, ACCESS OR RELY ON THIS WEBSITE, THE CONTENT OR ANY OTHER PRODUCT OR SERVICE AVAILABLE THROUGH THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE CONTENT, PRODUCTS AND SERVICES PUBLISHED ON OR PROMOTED ON THE WEBSITE.
THE GSE MAKES NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN. GSE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that GSE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GSE’s liability will be equal to the minimum permitted under such applicable law.
To the fullest extent permitted by applicable law, GSE will not be liable for any indirect, special, incidental or consequential damages of any kind arising out of or in any way related to the access to or use of the Website, the Content or an Account, including but not limited to any damages caused by, arising out of, relating to, or resulting from: (i) access to, use of, or inability to use the Website or an Account; (ii) any errors or omissions in the Content; (iii) reliance on any information or Content obtained from GSE, and (iv) events beyond the GSE’s reasonable control. These limitations apply even if GSE has been advised of the possibility of such damages. These limitations also include damages to, or from, any viruses, ransomware or malware that infect your computer or device.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GSE, LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, AND LIMITS THE AMOUNT OF TIME YOU HAVE TO FILE CLAIMS AND DISPUTES.
YOU AND GSE AGREE THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND GSE FURTHER AGREE THAT ANY SUCH DISPUTE WILL ALSO NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
You and GSE agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and GSE agree that for any arbitration you initiate, you will pay the filing fee and GSE will pay the remaining JAMS fees and costs. For any arbitration initiated by GSE, GSE will pay all JAMS fees and costs. You and GSE agree that the state or federal courts of the State of California and the United States sitting in San Diego County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, CONTENT, OR AN ACCOUNT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND GSE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing us at firstname.lastname@example.org . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18 of these Terms.
These Terms constitute the entire agreement between you and GSE relating to your access to and use of the Website. The failure of GSE to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
These Terms will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods or services. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, will be in San Diego County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue in San Diego County, California.
We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Website or Content, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Content or discontinuing any of our Content entirely. Any description of the features of products offered by GSE shall not be considered to be a representation by GSE that such features will always be included in such products.
We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Website or Content, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Account, Content, or Website may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account.
For the avoidance of doubt, we will not be liable if for any reason all or any part of the Website, Content or Account are unavailable at any time or for any period.
If you have any questions about these Terms, contact us at:
909 Prospect St., Suite 200
La Jolla, CA 92037