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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms and conditions of any other agreement you may have with GKS for products, services or otherwise. CONSENT TO TRANSFER, PROCESS AND COLLECT PERSONAL DATA Use of this website may result in personal data about you being transferred to, processed or collected by GKS or otherwise being transferred to countries lacking adequate privacy protection. Such transfers may include personal data you directly provide, such as your name, or personal data automatically collected or processed, such as your return e-mail address, as part of the operation of this website, during the course of your activities on or use of this website. Where transfer, processing or collection of personal data results from your use of this website, GKS does NOT warrant or represent that you will have the ability to control or prevent the collection, processing, use or further transfer of such information. By using this website, you expressly consent to any transfer, processing, collection or use of any personal data. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; be able to correct inaccuracies, if any; erase or cause removal of such information; block collection or transfer of such information; or object to any use of such information. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access to or use of this website. Unless otherwise expressly provided on this website, GKS makes no representation regarding the transfer, processing, collection or use of any personal data. In no event shall GKS be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this website. DISCLAIMER EXCEPT AS OTHERWISE PROVIDED BELOW, THE MATERIALS IN THIS WEBSITE ARE PROVIDED BY GKS ON AN “AS IS” BASIS AND WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GKS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GKS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ACCESSIBLE VIA THIS WEBSITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, RELIABLE OR CURRENT, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTNESS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. INFORMATION ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE MATERIALS HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. GKS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT (S) AND/OR THE PROGRAM (S) DESCRIBED IN THIS SITE AT ANY TIME, INCLUDING WITH RESPECT TO PRODUCT RATES AND AVAILABILITY. IN THE EVENT OF A CONFLICT BETWEEN THE RATES MENTIONED IN THIS SITE AND ACC’S ACTUAL FILED RATES, GKS’S ACTUAL FILED RATES SHALL PREVAIL. GKS TAKES NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH THIS WEBSITE OR FOR THE WEBSITES OF OTHERS THAT LINK TO THIS WEBSITE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY GKS. LIMITATION OF LIABILITY Under no circumstances, including, but not limited to, negligence, shall GKS be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if GKS or an GKS authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall GKS’s total liability to you for all damages, losses and causes of action (whether in contract, tort (included, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site. CONFIDENTIAL INFORMATION You agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information (“Materials”), provided by you in the form of e-mail or submissions to GKS, or postings on this website, are non-confidential and shall become the sole property of GKS. GKS shall own exclusive rights and shall be entitled to the unrestricted use of these Materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. GKS shall not be liable for any use or disclosure of such Materials. APPLICABLE LAW This site is controlled and operated by GKS from its offices within the State of Colorado, United States of America. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a court of competent jurisdiction located in Chaffee County, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. PRODUCT AVAILABILITY The products described on this website are available only where GKS holds the appropriate license to sell such products. TERMINATION This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all GKS websites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. Notwithstanding any of these terms and conditions, GKS reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website. Upon termination, you must destroy all materials obtained from this website and any and all other GKS websites and all copies thereof, whether made under the terms of this agreement or otherwise. Termination of this agreement shall have no effect on any application, indemnity agreement, General Indemnity Agreement or any other agreement between you and GKS. OTHER This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these terms and agreements and shall not affect the validity and enforceability of any remaining provisions. We'll never misuse information you provide. When obtaining information from you, we adhere to a simple, commonsense principle: we ask for only the information we need to provide for the service you've requested. You can be assured that your name and address never leave our site and records at GKS Insurance. If you purchase a product from us, we won't pass your name to someone else or some other company in order for them to sell you additional products. We will only share your information to sureties and parties processing your policies or bonds. We are in the commercial insurance and surety bond business, not the marketing business. |
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