LEGAL TERMS AND CONDITIONS OF THE GUNN WEBSITE
1.
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND
CONDITIONS STATED HEREIN, WITHOUT MODIFICATION, AND ANY OTHER RULES, POLICIES
AND PROCEDURES THAT GUNN MAY, IN ITS DISCRETION, IMPLEMENT OR ADOPT FROM TIME
TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY
AND ALL OTHER RULES, POLICIES AND PROCEDURES IMPLEMENTED OR ADOPTED BY GUNN, DO
NOT USE THIS SITE. YOUR USE OF THIS
SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS AND CONDITIONS.
2.
As
used herein, the term "Gunn" includes Gunn GP LLC and all of its
past, present and future related and affiliated companies, agents,
representatives, directors, officers, employees, managers, insurers, assigns
and designees.
3.
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS
INTENDED FOR VIEWING WITHIN THE STATE OF TEXAS AND WILL BE CONSTRUED AND
EVALUATED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. IF YOU ACCESS THIS SITE FROM OTHER LOCATIONS
OUTSIDE THE STATE OF TEXAS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL
APPLICABLE LOCAL LAWS. GUNN MAKES NO REPRESENTATIONS THAT THE MATERIALS
CONTAINED WITHIN THIS SITE ARE APPROPRIATE OUTSIDE THE STATE OF TEXAS. ANY AND
ALL INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO INFORMATION
REGARDING AUTOMOBILES AND AUTOMOBILE SERVICES, APPLIES ONLY TO THOSE PROVIDED
OR OFFERED WITHIN THE STATE OF TEXAS.
4.
By entering this site, you acknowledge and agree that Gunn GP LLC
is the copyright owner of this site, and no portion of this site, including but
not limited to the marks, text, images, audio or video, may be used in any
manner, or for any purpose, without Gunn's express written permission, if at
all, except as provided for herein. Without in any way waiving any of the
foregoing rights, you may download one copy of the material on this site for
your personal, non-commercial home use only, provided you do not delete or
change any copyright, trademark or other proprietary notices and provided you
do not misappropriate or use Gunn's copyrighted and/or trademarked materials.
Modification or use of the material on this site for any other purpose violates
Gunn's legal rights.
5.
By entering this site, you acknowledge and agree that your use is
at your own risk and that, to the maximum extent permitted by law, none of the
parties involved in creating, producing, delivering or maintaining this site,
including Gunn, is liable for any direct, incidental, consequential, indirect
or punitive damages or any other losses, costs or expenses of any kind
(including legal fees, expert fees or other disbursements) which may arise,
directly or indirectly, through the access to, use or browsing of this site or
any other site linked to or referenced by or within this site, your reliance on
any information obtained from this or any other site and/or your downloading of
any materials, data, text, images, video or audio from this or any other site,
including but not limited to anything caused by any viruses, bugs, human action
or inaction or any computer system, telephone line, hardware, software or
program malfunctions or any other errors, failures or delays in computer
transmissions or network connections.
6.
By entering this site, you acknowledge and agree that, although
the specifications, features, illustrations, equipment and other information
contained in the site are routinely updated and while Gunn makes all reasonable
efforts to ensure that all material on this site is correct, accuracy cannot be
guaranteed. GUNN MAKES NO CLAIMS, WARRANTIES OR REPRESENTATIONS AS TO THIS OR
ANY OTHER SITE OR ITS ACCURACY. THIS
SITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW, GUNN DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT.
7.
By entering this site, you acknowledge and agree that Gunn or
other parties involved in creating, producing, delivering and/or maintaining this
site assume no responsibility or liability which may arise from the content
hereof, including but not limited to claims for defamation, libel, slander,
obscenity, pornography, profanity or misrepresentation.
8.
By entering this site, you acknowledge and agree to the Privacy
Policy set forth within this site.
Except as expressly set forth in the Privacy Policy, by entering this
site, you acknowledge and agree that any communication or material you transmit
to this site in any manner or form and for any reason will not be treated as
confidential or proprietary. Furthermore, you acknowledge and agree that,
except as expressly set forth in the Privacy Policy, any ideas, concepts,
techniques, procedures, images, methods, systems, designs, plans, charts or
other materials you transmit to Gunn may be used, appropriated, modified,
transmitted, published or disseminated by Gunn and its affiliated companies and
designees anywhere, anytime and for any reason whatsoever without any
compensation or other thing of value owed to you and without any liability
incurred by or against Gunn or its affiliated companies and designees.
9.
By entering this site, you acknowledge and agree that the Gunn
name, logos, trademarks and servicemarks contained on this site are owned and/or
licensed by Gunn and may not be used by you without prior written approval from
Gunn. Gunn will aggressively enforce its intellectual property rights to the
fullest extent of the law. Where applicable, sound, graphics, charts,
information and images of places or people are used on this site with prior permission.
Your use of any of these materials is prohibited unless specifically provided
for on the site. You further acknowledge and agree that any unauthorized use of
these materials from this site may subject you to penalties or damages,
including but not limited to those related to violation of trademarks,
copyrights, privacy and publicity rights.
10. By entering this
site, you acknowledge and agree that you will not use this site for any purpose
that is unlawful or prohibited by these terms and conditions. You further
acknowledge and agree that you will not use this site in any manner which could
damage, disable or impair this site, interfere with any other party's use of this
site or damage or harm Gunn, its affiliated companies or any other person or
entity.
11. By
entering this site, you acknowledge and agree that although this site may be
linked to or may reference other sites, Gunn is not, directly or indirectly,
implying any approval, association, sponsorship, endorsement or affiliation
with any such linked or referenced site, unless specifically stated therein. You
further acknowledge and agree that Gunn has not reviewed all or any of the
sites linked to or referenced by or within this site and is not responsible for
the content of any off‑site pages or sites linked to or referenced by or within
this site. Your linking to or accessing any off-site pages or sites is at your
own option and risk, and Gunn assumes no responsibility or liability which may
arise therefrom.
12. By
entering this site, you acknowledge and agree that all controversies, claims or
disputes at law or equity based on, arising from, incidental to or in any way
related to this site, your access to this site or any other site linked to or
referenced by or within this site and/or any information contained on this site
or any other site linked to or referenced by or within this site shall be filed
in Bexar County state district court, Bexar County, Texas. By entering this site, you agree to submit to
the personal jurisdiction of the state district courts located within Bexar
County, Texas.
13. Gunn
reserves the right to revise these Terms and Conditions at any time and for any
reason without notice or obligation.
Gunn further reserves the right to make changes, at any time and for any
reason, without notice or obligation, to any of the information contained on
this site. By entering this site, you acknowledge and agree that you shall be
bound by any such revisions. You should periodically access and review these
Terms and Conditions.
14. Should
any provision of these Terms and Conditions or any other rules, policies and
procedures be found invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed from the remainder of these Terms
and Conditions and/or rules, policies and procedures, which will otherwise
remain in full force and effect in their entirety.