GAHMS² Terms & Conditions
GAHMS², a company operating as GAHMS², GAHMS² & ASSOCIATES and GAHMS² & ASSOCIES, and a member of The CevivaGroup™, provides customers with a wide variety business and personal administrative and management services, to create customized solutions and communications products, (as well as shipping of finished products) (collectively, the "Services"). The use of this site is governed by the terms and conditions set forth below.
Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. GAHMS² reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The Content (as defined below), and GAHMS² proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by GAHMS² or its suppliers.
COPYRIGHT(collectively called the "Content"), and the collection, arrangement and assembly of the Content, is the property of or licensed by GAHMS². All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by GAHMS² or its suppliers and service providers and is protected by Canadian and international copyright laws. The Content on all pages of the GAHMS² website is provided solely for the use of GAHMS² customers to interact with GAHMS² and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or "works made for hire" with GAHMS² in or regarding such content.
When using any Services provided via the GAHMS² website, You may elect to upload or otherwise submit materials to the site (collectively, "Materials"). GAHMS² does not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to GAHMS²: Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime; Materials that are not lawfully Yours to transmit; Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services (any of the foregoing, "Unauthorized Materials"). GAHMS² takes no ownership in any Materials uploaded to the GAHMS² website, except GAHMS² retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for GAHMS². You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing or processing, and agree to defend, indemnify and hold GAHMS², its affiliates, subsidiaries, management, suppliers, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by GAHMS² in defending against such suit, demand or claim.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE GAHMS² WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAHMS² DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, GAHMS² DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE. NEITHER GAHMS² NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, MANAGERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED GAHMS² OF THE POSSIBILITY OF SUCH DAMAGES. **(NEITHER GAHMS² NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, MANAGERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OR THE LESSER OF $100.00 OR THE AMOUNT PAID TO GAHMS² FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY.
In no event will GAHMS², its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (any of the foregoing, "Service Failure") to the extent caused by or resulting from: Your acts, defaults or omissions; Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time; Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using GAHMS² standard virus-detection procedures; Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, National or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems; Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by GAHMS²; The nature of the shipment, including any defect, characteristic or inherent vice of the shipment; Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services; Acts, defaults or omissions of any person or entity other than GAHMS², including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient; Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery; Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation; Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation; Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice; Our release of shipments without obtaining a signature if a signature release is on file; Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.