Terms & Conditions
G2LINK (DBA TRUST EXCHANGE) RISK MANAGEMENT PLATFORM TERMS AND CONDITIONS
G2Link is an online, peer to peer, business evaluation and risk tracking service. G2Link organizes key information to help businessesmake informed choices in their search to independently assess businesses.
To enable such assessment, the G2Link business information exchange includes profiles, objective and subjective ratings, feedback,comments, indexes, scorecards, materials and other informative details about the businesses. The information used to drive the G2Linkbusiness information exchange will be compiled from a variety of sources, including independent surveys, our subscribers and third-partyproviders, then processed using various empirical algorithms, and finally arranged in a non-complicated, simple-to-use and easy-to-view arrangement.
G2Link and G2Link business information exchange is provided to You by G2Link LLC and/or any of its related, affiliated or subsidiarycompanies , and the following User Agreement governs Your access to and use of G2Link and the information exchange, including theprofiles, objective and subjective ratings, feedback, comments, indexes, scorecards, materials and other informative details about thebusinesses and any other content (collectively, “Content”) available on or through G2Link and G2Link business information exchange.For convenience, G2Link and G2Link business information exchange are referred to hereinafter collectively as G2Link.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE “I AGREE” BUTTON ASSOCIATED WITHTHIS USER AGREEMENT OR BEFORE ACCESSING, USING OR BROWSING G2LINK OR ANY OF THE CONTENT.
BY CLICKING ON “I AGREE,” OR BY ACCESSING, BROWSING OR USING G2LINK OR ANY OF THE CONTENT, YOU,ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
- YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
- THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOUAND G2LINK; AND
- IF ACCESSING, BROWSING OR USING G2LINK OR ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOUHAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USERAGREEMENT.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THISAGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT,THEN DO NOT SELECT THE “I AGREE” BUTTON ASSOCIATED WITH THIS USER AGREEMENT OR ACCESS,BROWSE OR USE G2LINK OR ANY OF THE CONTENT. MOREOVER, G2LINK DOES NOT AND WILL NOT GRANTYOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE G2LINK OR THE CONTENT WITHOUT YOURWILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
You agree by accessing, browsing or otherwise using G2Link and the Content are and remain the sole property of G2Link, LLC or third-party providers, as applicable. Except as expressly permitted by us in writing, You agree that Your license to access, browse and/or use thisContent is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view G2Link and the Content,and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Contentsolely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of theContent that You download, store and/or print, You will reproduce and include all copyright and other proprietary notices included insuch Content.
Except as expressly permitted by G2LINK in this User Agreement or otherwise in writing, You will not copy, reproduce, modify, adapt,translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame,scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this G2Link or any of theContent, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not use any metatags,metaelements, “hidden text” or other equivalents using the names “G2,” “G2LINK”, www.G2Link.com, G2Link business informationexchange,” “G2Link account,” “G2Link Score” or any other colorable equivalent without the prior written permission of G2LINK.
All remarks, suggestions, ideas, graphics, feedback, concepts, comments, illustrations and other materials (other than information given inconnection with registration) that are communicated by You to G2Link through G2Link (together, the “Submissions”) will forever be theproperty of G2Link or any of its related, affiliated or subsidiary companies, and You waive all of Your rights, including but not limited to moral rights, therein if applicable. Accordingly, You hereby assign to G2Link without compensation or further obligation, all rights nowknown or hereafter existing in the Submissions.
If You access, browse or use G2Link on a public computer or are otherwise use a computer to which multiple people have potentialaccess, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off G2Link and the computersystem You are using to prevent unauthorized Submissions or access to Your services account.
In addition, You agree that you are entirely responsible for any and all activities which occur under your account whether or not You arethe individual who undertakes such activities. This includes any unauthorized access and/or use of Your account should You fail tosufficiently disconnect and/or log off G2Link and/or the public computer system. Accordingly, You absolve and release G2Link from anyclaim of harm resulting from a third party undertaking the activities.
G2LINK and/or G2Link retains the right to review, edit, or delete from G2Link any Submission, which G2Link in its sole discretionconsiders illegal, offensive, faulty, suspicious or otherwise inappropriate.
USER IDS AND PASSWORDS
Access to certain areas of G2Link or the Content limited by a user identifier (“User ID”) and password, which are selected and/orsupplied as part of the registering for a service account with of G2Link. By registering, You represent, warrant and covenant that: (i) Youare at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only true, accurate, current and completeinformation about Yourself during the registration process; and (iv) You will maintain and promptly update the information that Youprovide to keep it true, accurate, current and complete.
By logging onto G2Link using any password, You represent, warrant and covenant that You are authorized to use such password and toengage in the activities that You conduct thereunder. You agree that You will be solely responsible for the maintenance and security ofYour User ID and password. You also agree that You will be solely responsible for any activities conducted on or through this G2Link.Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password with any third party.
G2Link reserves the right to deny or revoke access to G2Link, or any part thereof, at any time in our sole discretion, with or withoutcause. Your access to G2Link will terminate upon the termination of this User Agreement for any reason. If You wish to cancel apassword, or if You become aware of any loss, theft or unauthorized use of a password, please notify G2LINK immediately.
You may choose to access some of the content of G2Link without creating a User ID and password. By checking the “I accept theseterms” button, you are becoming a member of G2Link.com. You will not be required to provide any personal or financial information asa member.
G2Link may monitor or review any areas on G2Link where users transmit or post communications or communicate solely with eachother for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, G2Lik does not undertake to monitoror review every posting or communication, and G2Link disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
While G2Link may monitor the content of the communications from time to time, G2Link does not endorse, support, sanction,encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online,including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily representthe views of G2Link. G2Link, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
G2LINK may disclose any records, electronic communications, information, materials or other content of any kind (i) if G2Link believesin good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate G2Link; or (iii) toprotect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening,policing, editing or monitoring G2Link.
G2Link may, but is not obligated to, monitor or review any areas of G2Link where You transmit or post communications orcommunicate with G2Link, G2Link or other users, including, but not limited to, forums, blogs, chat rooms, instant messaging sessions,newsgroups, bulletin boards, and other user-interactive areas (collectively “user-interactive areas”), and the content or any suchcommunications. G2Link, however, will have no liability related to the content of any such communications, whether or not arisingunder the laws of copyright, libel, privacy, obscenity, or otherwise.
If You submit any material to any of the user-interactive areas, You hereby agree and warrant that the submitted material: (i) is notoffensive, obscene, or otherwise contrary to the laws of any place where such user-interactive area may be accessed; (ii) is the originalwork of Your authorship or that You have the right to make the submission without violating the copyright, trademark, patent or otherintellectual property rights of any person or entity in any place where the user-interactive area may be accessed; and, (iii) is true andaccurate and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law.
G2Link retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory,obscene, or otherwise inappropriate. Thus, if notified of an allegation that G2Link contains infringing, defamatory, damaging, illegal oroffensive records, electronic communications, information, materials or other content, G2Link may investigate the allegation anddetermine in our sole discretion whether to remove or request the removal of the same from G2Link. Notices to G2Link regarding anyalleged copyright infringement can be sent to: G2Link, Attn: Head of Legal Department.
G2Link and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission orother use is strictly prohibited, except as otherwise provided by this User Agreement. Requests for permission to reproduce any of theprohibited Content should be addressed by sending an e-mail to email@example.com, or by writing to G2Link.
All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) referred to on G2Linkare trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of G2Linkor its affiliates or licensors. In countries where any of the G2Link trademarks, service marks, domain names, logos and company names isnot registered, G2Link claims other rights associated with unregistered trademarks, service marks, domain names, logos, and companynames. Other product or company names referred to on G2Link may be trademarks of their respective owners.
G2Link does not grant to You any rights under any of the Other Trademarks, and You agree that You may not use any of the OtherTrademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by G2Link, Youmay contact G2Link by sending an e-mail to info@G2Link.com, or writing to G2Link to request written permission to use thetrademarks for purposes other than stated in this User Agreement or for all other questions relating to G2Link.
OTHER INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of G2Link and theContent, and all intellectual property rights embodied therein, are the property of G2Link or our licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content and Submissions, You agree andacknowledge that:
- the Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual propertyowned by, or licensed to G2Link, and that no proprietary rights are being transferred to You in such materials or in any of theContent contained therein;
- You will not, directly or indirectly, use any of the Content, Submissions, Databases and any other information contained therein forany purposes other than Your personal, non-commercial evaluation of Businesses;
- You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein tocompile mailing lists or other lists of Businesses for commercial purposes;
- You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein toestablish independent data files or otherwise amass statistical information thereof or therefrom;
- You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein inviolation of any applicable laws or regulations,
- the rating system and methodology, and ratings of individual providers, are the property of G2Link and may not be reproduced inany manner without our prior written permission. You shall not publish or distribute in any medium Content, Submissions,Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- the rating system and methodology, and ratings of individual providers, are the property of G2Link and may not be reproduced inany manner without our prior written permission;
- misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause seriousdamage to G2Link and that in such event money damages may not constitute sufficient compensation to G2Link; consequently;and
- in the event of any misappropriation or misuse, G2Link shall have the right to obtain injunctive relief in addition to any other legalor financial remedies to which G2Link may be entitled.
In addition, You acknowledge that the Content, Submissions, Databases and any other information contained therein are protected bylaw, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, andinternational laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE OF ENFORCEMENT
G2Link vigorously enforces our intellectual property rights to the fullest extent of the law. Accordingly, G2Link will prosecute anyunauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein thatviolate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, andinternational laws and regulations, including laws pertaining to contracts, and privacy and publicity.
At certain places on G2Link, live “links” to other Internet addresses can be accessed. Such external Internet addresses contain informationcreated, published, maintained, or otherwise posted by organizations independent of G2Link. G2Link does not endorse, approve, certify,maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correctsequencing of information located at such addresses. G2Link provides the links only as a convenience. Use of any information obtainedfrom such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness,efficacy, and timeliness. Neither the inclusion of the link in G2Link nor reference therein to any specific commercial product, process, orservice by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, orfavoring by G2Link.
There may be circumstances where access to G2Link is provided by a hypertext link located at another website. G2Link has noresponsibility for the content of such other website, G2Link does not make any representations or give any warranties or conditions withrespect to any information contained in or at such other website and G2Link shall not be liable for any damages or injury arising fromthe content of or access to such other website. G2Link does not endorse the individuals, companies or other similar entities, or anyproducts or materials associated with such individuals, companies or other similar entities, which provide a link to G2Link. Unlessapproved in writing in advance by G2Link, You agree not to: (a) provide or create a link to G2Link; or (b) create any frames at any othersites pertaining to any of the Content located at G2Link. You also agree not to post any materials at G2Link without the express writtenpermission of G2Link.
G2LINK AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.G2LINK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. G2LINK AND THECONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHEREXPRESSED OR IMPLIED. G2LINK DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY,QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES ORRESULTS OBTAINED ON OR THROUGH G2LINK.
G2LINK DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT G2LINK AND YOUR USE OFG2LINK WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT G2LINK ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. G2LINKDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USEOF G2LINK AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY,APPLICABILITY OR OTHERWISE. YOU (AND NOT G2LINK) ASSUME THE ENTIRE COST OF ALL NECESSARYSERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THATAPPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THEFOREGOING, YOU AGREE THAT YOUR USE OF G2LINK AND THE CONTENT IS AT YOUR OWN RISK.
G2LINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT G2LINK ORANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE BUSINESS PROVIDER OR FOR ANY OTHERPURPOSE. G2LINK DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANYAGREEMENTS YOU MAY MAKE WITH BUSINESSES OR WITH THIRD PARTIES WHO OFFER PRODUCTS ORSERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH BUSINESSES AND THIRDPARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCHPRODUCTS OR SERVICES.
LIMITATIONS ON LIABILITY
G2LINK WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF G2LINK AND THECONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.G2LINK WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITEDTO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THATRESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, G2LINK AND THE CONTENT OR ANYPRODUCTS OR SERVICES OBTAINED ON OR THROUGH G2LINK, EVEN IF THERE IS NEGLIGENCE BY G2LINK ORBY AN AUTHORIZED G2LINK REPRESENTATIVE, OR AN AUTHORIZED G2LINK REPRESENTATIVE HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OREXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THELIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. G2LINK’S TOTAL LIABILITY TO YOU FORLOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO G2LINK,IF ANY, TO ACCESS G2LINK.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES,AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS,PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLEATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
- YOUR USE OF G2LINK AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON ORTHROUGH G2LINK;
- ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH G2LINK;
- ANY BREACH BY YOU OF THIS USER AGREEMENT; AND
- ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIESWORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU ORANY OTHER PERSON ACCESSING THE SITE USING YOUR G2LINKACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release G2Link and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not havedirect control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or otherinterconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather,earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
This User Agreement will take effect at the time You click “I Agree” or access, browse or use G2Link or any of the Content, andcontinues in perpetuity unless terminated by You and/or G2Link. G2Link reserves the right, at any time and for any reason, withoutnotice to You, (i) to deny You access to G2Link and any of the Content; (ii) to change, remove or discontinue any of the Content orservices available on or through G2Link; or (iii) to terminate this User Agreement.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from G2Link, including, without limitation,permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies andinstallations, if any. In addition, and upon G2Link’s request, You agree to certify in writing that all of the Content has been destroyed.The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditionsof this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for anyreason.
Any notice or other document or communication required or permitted hereunder to G2Link will be deemed to have been duly givenonly if in writing and delivered by any of the following methods:
- certified U.S. mail, return receipt requested, postage prepaid, to G2Link. or
- sent by email to info@G2Link.com
Notices to G2Link shall be deemed delivered when actually received by G2Link.
Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that Youprovide to us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from G2Link, You represent and warrant to G2Link thatYour e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, G2Link controls and operates G2Link from the United States of America and makes no representationthat the Content are appropriate or available for use in other locations. If You use G2Link from other locations, You are responsible forcompliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to exportcontrols imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national orresident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea,Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the USCommerce Department’s Table of Denial Orders. If You download or use the Content You represent and warrant that You are notlocated in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of G2Link, the Content and the terms and conditions of the User Agreement are governed by U.S. federal lawand/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws ofanother jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDINGRELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERALCOURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND G2LINK AGREE TO SUBMIT TO THEJURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION ORPROCEEDING.
Any controversy or dispute between You and G2LINK (the “parties”) concerning G2Link or the Content shall be submitted to final andbinding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand forarbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputesby arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the CommercialRules of the American Arbitration Association. The arbitration will be held in Lyndhurst, New Jersey. Each of the parties shall bear all ofits own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have noauthority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforcedby judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seekinterim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions.Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by G2Link to exercise any right occurring upon any noncompliance on Your part with respect to any of the termsof this User Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by G2LINK of any of thecovenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or ofany covenant, condition or agreement herein contained.
If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portionswill remain valid, enforceable, and in effect.
G2Link is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agencyrelationship between You and G2Link.
CONTINUED USE DEEMED ACCEPTANCE
G2Link reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this User Agreement from time to time.After any such modification becomes effective, G2Link will deem Your continued use of G2Link or any of the Content to constituteYour acceptance of and agreement to such modification.
This User Agreement constitutes the entire agreement between You and G2Link with respect to Your use of G2Link and the Content,and supersedes any and all prior understandings or agreements between You and G2Link, whether written or oral. You acknowledge that,in providing You access to and use of G2Link and the Content, G2Link has relied on Your acceptance of this User Agreement.