服务条款

This site and related services are provided subject to these terms and conditions. please read the following information carefully. by either clicking "i accept" at the end of this agreement (when present) or by accessing or using any part of the site or services, you acknowledge that you have read these terms, that you understand these terms, and that you agree to be bound le­gally by these terms. if you do not agree to these terms and conditions, promptly exit this site.

These Terms of Service (the "Terms") govern the website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a "Site" or "Service") provided by GB Group Limited, its subsidiary and/or affiliate companies ("GBI," "we," "us," or "our") and located at http://www.gbihealth.com or any subdomain of http://www.gbihealth.com, and all associated Sites that link to these Terms and Privacy Policy, which is binding on all those who access, visit and/or use the Site and Service, whether acting as an individual or on behalf of an entity (collectively, "you" or "your"). As a condition of your use of this Site and Services, you warrant that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms.

1. Copies of Terms and Changes

GBI may change these Terms in its sole discretion. The most current version of the Terms (along with their effective date located at the bottom of these Terms) will be linked from each of the Site and Services. If you continue to use the GBI Site and Services after we change the Terms, you accept any and all changes. You may print a copy of these Terms using the print button or feature in your browser. You should consult this page each time you access the Site or Services, AND PRINT OUT A COPY OF THESE TERMS FOR YOUR RECORDS.

2. Privacy Policy; Additional Terms

Our Privacy Policy is located at http://www.gbihealth.com/privacypolicy and describes what we do with all the data that you provide or that we may collect about you through the Site and Services (your "Personal Data"), and you consent to our use of such data in compliance with our Privacy Policy.

Your Personal Data may be stored and processed in China, Hong Kong, Europe, the United States or in any other country where GBI has facilities and, by using the Site or Services you consent to the transfer of your Personal Data outside of your country.

Additional terms may apply to your use of specific parts of our Site and Services. If so, we will provide these terms to you or post them on the Site and Services to which they apply; they are incorporated by reference into these Terms. If there is any conflict between these Terms and any additional terms that apply to a particular Site or Service, the additional terms will control.

3. Registration and Access Controls

We may require registration information from you prior to allowing you to access the Site and Services. Your registration is for a single user, and you may not obtain more than one registration. You are responsible for maintaining the confidentiality of your login name and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. You may not share your login name and password with any third party. If you have reason to believe that someone else is using your account without your permission, you must contact us immediately. The use of your account by any individual under age eighteen (18) is strictly prohibited. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If you register with a company email address, you represent that you have the authority to bind your company to these Terms and that your company is responsible for your actions and your account.

If the computer system on which you accessed the Site, Content or Service is sold or transferred to a third party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of the Site, Content and Service.

If we request registration information from you, you must provide us with accurate, truthful and complete information and must update the information when it changes. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. We may accept or reject registration requests for the Site and Services in our sole discretion and may revoke registration and accounts at any time, without cause or prior notice. We also reserve the right to deny or revoke registration based on our inability to verify the authenticity, truthfulness or accuracy of your registration information.

Unless you are notified otherwise, you may not be required to purchase any Paid Services for certain limited use of the Site or Services. However, if you do not purchase any Paid Services, your access to the Site or Services will be limited.

4. Communications, Notices & Miscellaneous

When you use the Site or Services or send emails to GBI, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site or Services. We will communicate with you by email, via text messaging or other app messaging service, telephone calls, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force. These Terms, including all additional terms, Platform Agreements, Subscription Services Agreements, conditions, and policies on the Site and Services, constitute the entire agreement between you and us and supersede all prior agreements.

We may provide you with social media tools and email functionalities (the "Social Tools") to facilitate the distribution of certain news articles to which they are functionally connected ("News") to third parties. You may use these Social Tools solely to inform third parties about News and must immediately cease using the Social Tools with regard to recipients who have requested not to receive such information.

5. Intellectual Property

The text, content, photographs, video, audio, graphics, marks, information, data, data structure, libraries, designs, code, organization, taxonomy, tools, products and all materials associated with the Site and Services ("Content") are protected by applicable copyright, trademark, trade dress, and other intellectual property and other laws of the United States, European Union, Peoples Republic of China, other countries and international treaties. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also copyrighted works.

You acknowledge that the Content has been developed, compiled, prepared, revised, selected, serviced, maintained and arranged by GBI and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of GBI and such others.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site, Services and Content (the "Intellectual Property Rights") shall, as between you and GBI, at all times be and remain the sole and exclusive property of GBI. All present and future rights in and title to the Site, Services and Content (including the right to exploit the Site, Service and Content and any portions of the Site, Service and Content over any present or future technology) are reserved to GBI for its exclusive use.

No license or other rights under any such intellectual property rights are implied or granted under these Terms other than the licenses expressly set forth herein. We expressly reserve all other rights hereunder.

You agree to protect the proprietary rights of GBI and all others having rights in the Site, Services, or Content during and after the term of this agreement and to comply with all reasonable written requests made by GBI or its suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others’ contractual, statutory, and common law rights in the Service, Site and Content. You agree to notify GBI in writing promptly upon becoming aware of any unauthorized access or use of the Service, Site and Content by any individual or entity or of any claim that the Service, Site or Content infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

You agree to comply with all laws and applicable copyright, trademark, or other legal notices or restrictions. You agree not to copy, reproduce, retransmit, disseminate, sell, distribute, publish, display, perform, broadcast, circulate, create abstracts from, compile, recompile, decompile, disassemble, reverse engineer, modify, transmit, scrape, download, commercially exploit or create derivative works based on the Site, Services, or Content.

6. License

Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable license to access the limited areas of the Site and Services, and the Content and functionality of the Site and Services, that we make available to you only for your personal, non-commercial use. You may not transfer or sublicense this limited right, or resell the Content, Site and Services. You must keep intact all copyright, trademark, and other proprietary notices on or associated with the Site, Services, and Content.

You must obtain written permission from GBI for commercial use of the Site, Services or Content in the form of a Subscription Services Agreement. If you wish to use Content beyond the limited license given to you in these Terms, please contact us at info@generalbiologic.com.

7. Exporting Content

If, at our sole and absolute discretion, we provide your account with access to an "export" button located within the Site or Services, you may in specific limited circumstances use this functionality "as is" to export small portions of the Content. This functionality is provided as a courtesy and may be implemented or removed by us at any time regardless of whether you have any Paid Services. You may not attempt to circumnavigate or alter the functionality of the export button. In no circumstances may you export more than a small fraction of the Contents of any section of the Site or Services. Your use of Contents once exported are subject to the license and all other provisions of these Terms and any applicable Subscription Services Agreement, Platform Agreement or other agreement between you and GBI. Unless otherwise provided by written consent of GBI, you may not distribute any exported Content to any third party. If you would like to purchase the ability to export Content in an amount greater than allowed by these Terms and the functionality of the Site and Services, you may make such request by contacting your GBI account manager or GBI at info@generalbiologic.com and we will consider the options available to you, if any, at our sole and absolute discretion.

8. Legal Complaints, Copyright Infringement Claims and the Digital Millennium Copyright Act

If you believe that Content on the Site and Services infringes your copyright or the rights of any third party, please contact us at infringementClaim@generalbiologic.com.

The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Aric Lavinthal, General Biologic, Suite 301, Building 2, 169 Mengzi Road, Shanghai 200023 telephone (8621)-5302-2951, e-mail: infringementClaim@generalbiologic.com

9. User Submissions

Some areas of the Site and Services may allow you to submit audio, video, text, configurations, named searches, or other materials (collectively, "User Submissions"). When you provide User Submissions, you grant to GBI and its partners a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You waive any moral rights you have in your User Submissions. You also permit any other user, at the sole and absolute discretion of GBI, to access, store, or reproduce such material for that user’s personal use.

We respect your ownership of User Submissions.

If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms, any other agreement between you and GBI, and any access granted to others.

We may refuse or remove a User Submission without notice. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. You should not provide User Submissions that you wish protected from others.

You represent and warrant that you have all rights necessary to grant to GBI the license above, that all of your User Submissions are truthful and accurate, and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), violate these Terms, or violate applicable law.

10. Accuracy of Information; Third-Party Content

We make no guarantees whatsoever as to the quality, truthfulness, completeness, correctness or accuracy of the Site, Services and Content. It is possible that the Site, Content, and Services could include typographical errors, inaccuracies, inaccurate or incomplete information, or other errors, and that unauthorized additions, deletions and alterations could be made to them by third parties. Some of the Site, Services and Content may be featured in Chinese, English, or additional languages. We make no guarantees as to the quality, truthfulness, completeness, correctness or accuracy of translations from the original information. The Site, Content and Services do not contain statements of fact. It is your responsibility to evaluate by yourself the truthfulness, accuracy, completeness and usefulness of any Content. In the event that an inaccuracy arises, please inform us so that it can be corrected. We may change or discontinue the Site, Content, and Services without notice.

We sometimes offer third party content or link to third party websites on the Site and Services. We do not endorse or evaluate third party content and websites, and we do not assume responsibility for them. All third party content is provided completely as-is, without warranties of any kind. Your sole remedy in the event of any issue with the third party content is to cease using it. You should review their terms of use and privacy policies before you use their services.

11. Paid Services

If you purchase fee-based products or services (the "Paid Services"), you will agree to any additional terms and conditions governing such purchases at the time of purchase (a "Subscription Services Agreement"), including all requirements to pay applicable fees, for which you or the company you represent will be solely responsible. If you have a current active and valid agreement with GBI regarding any of the Content (a "Platform Agreement"), you will have access to substantially the same contents as described in your Platform Agreement, subject to your Platform Agreement’s term, terms and conditions. The terms of any Platform Agreement, Subscription Services Agreement or other written agreement may provide for different or additional rights and obligations in lieu of or in addition to certain of these Terms. In the event of any conflict, the terms of such a valid and active Platform Agreement, Subscription Services Agreement, or other written agreement will control.

We may offer trial subscriptions to Paid Services for free or at special discounted prices. Unless otherwise stated, trial subscriptions and any other subscription services we provide will be automatically renewed for one year at the current subscription rate if you do not cancel before the end of the trial period. You may need to cancel your subscription at least 90 days prior to its renewal date in order to avoid further charges.

Paid Services may not include access to all areas and aspects of the Site, Content and Services, or functionalities of the same, and you may have to pay additional fees to access those areas, aspects and functionalities. You will only have access to the specific areas and aspects of the Site, Services, Content and functionalities, referenced in your purchase.

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection.

Unless otherwise stated, all fees and charges are exclusive of VAT and any applicable taxes relating to the use or purchase of the Service. Unless otherwise agreed to in writing, all fees and charges are due at the time of purchase, and you may not access the Site, Service or Content prior to payment. If you do not make the payment by the due date, GBI, at its sole discretion, may charge you interest at a rate up to 1.5% per month and you must reimburse GBI for all costs for obtaining the payment including reasonable fees paid to attorneys and other professionals.

You may refer to your account online to find a list of the Site, Content and Services to which you have access, however this is merely a guide and not a statement of fact or binding agreement. For access to Paid Services for a definite term, you must refer to the invoice from your purchase.

12. Acceptable Use

The Site and Services have been designed to present the Content in a unique way. You agree not to access the Site and Services using any interface other than ours, unless we give you express permission. Please refer to the System Requirements listed on the Site for a list of supported browsers.

Without limiting any other provision in these Terms, you may not use or help others to use the Site, Content and Services to do the following:

  • Frame the Site, Services or Content, display the Site, Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between GBI and any third party or potentially deprive us of revenue (including, without limitation, revenue from subscriptions, licensing, advertising, branding, or promotional activities);
  • Use any software, program, application or any other device to access or log on to GBI’s computer systems or the Site, or to automate the process of obtaining, downloading, transferring or transmitting any Content;
  • Manually copy the Content or provide the Content to any third party;
  • Engage in unauthorized spidering, "scraping," or harvesting of the Site, Services or Content, or contact or other personal information, or use any other unauthorized automated means to compile such information;
  • Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transfer, distribute, or dispose of any Content in any manner that could compete with the business of GBI or any of its Suppliers;
  • Construct a database of any kind or store the Content in databases for access by you or any third party;
  • Improve the quality of any information sold or contributed by you to any third party.
  • Create the impression that any of the Content including but not limited to any marks, trademarks, tradenames, service marks, copyrights or logos of GBI belong to or are associated with you or are used by you with GBI’s consent;
  • Distribute unsolicited mailings or spam materials, including but not limited to in connection with any Social Tools, or include any Content in unsolicited or spam mailings;
  • Transmit files that contain viruses, spyware, adware, or other harmful code;
  • Defeat any access controls, access any portion of the Site, Services and Content that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials;
  • Advertise or promote goods or services without our permission (including sending spam);
  • Interfere with others using the Site and Services or disrupt the Site and Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of those users and GBI;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
  • Link to the Site and Services from a site that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; or
  • Transmit any material that is commercial, promotional, inappropriate, solicitous, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable.

13. Site Access; Account Deletion

We may terminate these Terms or take any of the following actions in our sole discretion at any time for any reason (including but not limited to your breach of these Terms, any Services Agreement or any Platform Agreement, or discontinuation of GBI’s access to any Content, information or data from any third party provider) without giving you prior notice:

  • Restrict or terminate your access to the Site and Services;
  • Change or discontinue the Site and Services;
  • Remove any Content or functionality from the Site and Services;
  • Deactivate your accounts and delete all related information and files in your accounts;
  • Deny access to the Contents, the Site and the Services to any person who GBI reasonably believes may be using them for an unlawful or unauthorized purpose or in a manner that violates these Terms or any Subscription Services Agreement.
  • Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site and Services, or as otherwise described in the Privacy Policy.

We will not be liable to you or any other third party for taking any of these actions and we will not be limited to the remedies above if you violate any of these Terms.

If you do not agree to the Terms listed here, you should immediately stop using the GBI Site and Services. If you want to delete your account on a Service, please use the instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Site and Services will continue to be governed by Section 9 of these Terms. Sections 5, 10 and 14-17 of these Terms will survive any termination of your access to the Site and Services, whether we terminate your access or you voluntarily discontinue your use.

14. Indemnification

You will defend, indemnify, and hold harmless GBI, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, Suppliers, or other representatives of each of them and all of their successors and assigns with respect to all claims, costs (including attorney’s and experts’ fees and costs), damages, liabilities, fines, sanctions, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Site, Services and Content (including, without limitation, any breach of these Terms or use of your account, whether or not authorized by you, and claims arising from User Submissions). GBI retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 14 without GBI’s prior written approval.

15. Governing Law, Venue, and Jurisdiction

If you are located in the People’s Republic of China: These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to conflict of law principles. Any dispute arising out of these Terms will be settled by arbitration in Shanghai by Shanghai International Arbitration Center (SHIAC) under the rule of The China (Shanghai) Pilot Free Trade Zone Arbitration Rules (2015). The language of the arbitration proceedings will be English. The arbitral award shall be final and have binding force on the Parties.

If you are located outside of the People’s Republic of China: These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to conflict of law principles. Any dispute arising out of these Terms will be settled by arbitration in Washington, D.C., United States of America, under the rules of the American Arbitration Association in force when the notice of arbitration is submitted. The language of the arbitration proceedings will be English. The arbitral award shall be final and have binding force on the Parties.

16. Disclaimers

GBI DOES NOT REPRESENT OR WARRANT: (1) THAT THE SITE, SERVICES, AND CONTENT, ANY OF THE SITE AND SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE COMPATIBLE WITH YOUR SYSTEM, UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SITE, SERVICES, CONTENT, OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; (4) THAT THE SITE, SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE AND SERVICES WILL CONTINUE TO BE AVAILABLE OR WILL NOT SUFFER FROM DELAYS, ERRORS, OR INTERRUPTIONS IN TRANSMISSION OR DELIVERY; OR (5) THAT PROVIDING, USING, REPRODUCING AND DISTRIBUTING THE SITE, SERVICES OR CONTENTS WILL NOT GIVE RISE TO A CLAIMED BY A THIRD PARTY FOR INFRINGEMENT OF PROPERTY RIGHTS. GBI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE AND SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND.

SOURCE University is not an accredited program or institution, and is provided by GBI on for informational purposes only. You understand, acknowledge, and agree that SOURCE University in no way shall be considered as conforming with any educational standards or qualifications prescribed by any private or governmental entity.

You acknowledge that the Content is provided for information purposes only and not trading purposes. Content is not intended as a solicitation, offer, opinion, or recommendation by GBI to buy or sell any security, or to provide legal, tax, accounting, or investment/ business advice or services regarding any profitability or suitability of any security or investment, and GBI shall not be responsible for any such information of third parties cited by the Site, Content or Services.

You also acknowledge that the Content may include certain information taken from stock exchanges, government databases and other pubic and private databases and other sources from around the world, and that the provision of some parts of the Site, Services and Content may be subject to the terms and conditions of other agreements to which GBI may be a party.

The Content, Site and Services are not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

17. Limitation of Liability

IN NO EVENT SHALL GBI, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, (A) THE SITE, SERVICES OR CONTENT (B) YOUR USE OF THE SITE, SERVICES, CONTENT, OR OTHER INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE SITE, SERVICES, OR CONTENT; (C) YOUR INABILITY TO USE THE SITE, SERVICES, CONTENT; (D) MODIFICATION OR REMOVAL OF CONTENT, THE SITE, SERVICES OR FUNCTIONALITIES OF THE SITE OR SERVICES; (E) MODIFICATION OR REMOVAL OF USER SUBMISSIONS; OR (F) THE NEGLIGENCE OF GBI, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. THE FOREGOING LIMITATION APPLIES EVEN IF GBI KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. YOU WAIVE ANY PROVISIONS OF ANY STATE, PROVINCE, OR COUNTRY LAW THAT LIMIT OR PROHIBIT A GENERAL RELEASE, INCLUDING, IF APPLICABLE, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, MATERIALS, SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, SERVICES AND CONTENT. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL GBI’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GBI IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, CONTENT OR SERVICES EXCEED THE PRORATED AMOUNT REMAINING OF ANY FEE PAID TO GBI BY YOU FOR ACCESS TO THE SITE, SERVICES AND CONTENT. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, CONTENT OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF GBI, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY GBI, INCLUDING WITHOUT LIMITATION THE SITE, SERVICES AND CONTENT (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

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