Welcome to gypsumexpress.com (the “Web Site”), the online home of Gypsum Express Ltd. Thank you for your interest in our company. By proceeding to use the web site provided by Gypsum Express Ltd., you (“the user”) acknowledge your agreement to be bound by the following terms and conditions. If you do not agree with these terms and conditions, then please do not use the web site.
1. License and Copyright
Gypsum Express Ltd. grants to the User the non-exclusive, non-transferable right to access and display the Web Site for the personal use of the User subject to the terms of this Agreement. Access to the Web Site is licensed, not sold.
Unless otherwise indicated, the Web Site and all materials on this web site, including without limitation, the text, images, photographs, and other copyrightable materials (“Content”), are proprietary to Gypsum Express Ltd. and Gypsum Express Ltd. is the owner of all worldwide rights under copyright. Except as expressly provided for in this Agreement, the Content may not be reproduced, displayed, modified or distributed in any way without prior written consent from Gypsum Express Ltd.
User agrees that from time to time the Web Site may be inaccessible or inoperable for any reason, including, without limitation, malfunctions, periodic maintenance or repairs which Gypsum Express Ltd. may make from time to time, or causes beyond the control of Gypsum Express Ltd. or which are not reasonably foreseeable. Gypsum Express Ltd. may change the information and services provided on the Web Site at any time and without notice to the User.
4. User Representations and Warranties
(a) User represents and warrants that you have the power and authority to enter into and perform your obligations under this Agreement and that you shall comply with all terms and conditions of this Agreement.
(b) Any User who has been issued a password to access restricted areas of this Web Site, acknowledges that such User is solely responsible for any and all acts and omissions that occur under such account or password, and the User agrees not to engage in any illegal or unauthorized use of the Web Site, including without limitation interfering, disrupting, or attempting to gain access to other accounts or passwords or engaging in any other activity deemed by Gypsum Express Ltd. to be in conflict with the spirit or intent of this Agreement. You further agree to indemnify and hold harmless Gypsum Express Ltd from and against any claim, liability, or damages arising from your accessing, or attempting to access, any other account or password, or your use of the Web Site.
5. Limitation of Liability
The User assumes all responsibility for use of the Gypsum Express Ltd. Web site, and the Internet in general, and waives all claims against Gypsum Express Ltd., its subsidiaries, employees, and suppliers arising from or related to the use of the Web Site.
The information, software, products, and services included in or available through the Gypsum Express Ltd web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Gypsum Express Ltd and/or its suppliers may make improvements and/or changes in the Gypsum Express Ltd web site at any time. Advice received via the Gypsum Express Ltd web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Gypsum Express Ltd and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Gypsum Express Ltd web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Gypsum Express Ltd and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
6. Disclaimer of Warranties
The web site is provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use of the web site is at your sole risk. Gypsum Express Ltd does not warrant that the web site will be uninterrupted or error free, and makes no warranty as to any results that may be obtained by use of the web site. Gypsum Express Ltd. makes no other warranties, expressed or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement in relation to the web site.
Gypsum Express Ltd does not make any representation or warranty as to the accuracy of any information on the web site. All information provided on the web site is provided “as is” and without warranty of any kind.
While all reasonable attempts are made to ensure that data transmitted via the Web Site between Gypsum Express Ltd. and the User is transmitted securely and safely, Gypsum Express Ltd makes no guaranty that the information will not be intercepted.
User assumes all risks of transmitting information through the web site.
8. Data Submission
All submitted data becomes the property of Gypsum Express Ltd. and may be used by Gypsum Express Ltd in accordance with the Privacy Statement of this Web Site. User acknowledges that User has read and understands the terms of the Privacy Statement. Click here to access the Privacy Statement. No compensation will be paid with respect to the use of your Submission, as provided herein. Gypsum Express Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Gypsum Express Ltd’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. Links to Third-Party Sites
Through this Web Site, Gypsum Express Ltd., from time to time, may provide links to third-party web sites (“Third Party Sites”). These links are provided as a convenience to the user and the Third Party Sites are not under the control of Gypsum Express Ltd. and Gypsum Express Ltd. is not responsible or liable for the services or contents of any Third Party Site. The inclusion of any link on this Web Site is not an express or implied endorsement by Gypsum Express Ltd.
10. USE OF COMMUNICATION SERVICES
The Gypsum Express Ltd Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Gypsum Express Ltd has no obligation to monitor the Communication Services. However, Gypsum Express Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gypsum Express Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Gypsum Express Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gypsum Express Ltd ‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gypsum Express Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gypsum Express Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gypsum Express Ltd spokespersons, and their views do not necessarily reflect those of Gypsum Express Ltd
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Gypsum Express Ltd may remove the Web Site or deny Access to any User at any time and terminate this Agreement without notice.
12. Choice of Law
This Agreement shall be governed by the laws of the State of New York and the United States of America without reference to conflicts of laws.
Gypsum Express Ltd. shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Web Site after such amendment shall be deemed to constitute acceptance of such amended terms. Gypsum Express Ltd will occasionally update this Statement of Privacy to reflect company and customer feedback. Gypsum Express Ltd encourages you to periodically review this Statement to be informed of how Gypsum Express Ltd is protecting your information.
14. Waiver and Severability
No failure, delay in exercising or enforcing any right or remedy hereunder by Gypsum Express Ltd. shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed omitted, and the balance of the Agreement shall remain enforceable.
Sections 2, 4, 5, 6, 12, and 15 will survive the termination or expiration of this Agreement.
Please forward any questions about this policy to:
Gypsum Express Ltd.
PO Box 268
Baldwinsville, NY 13027