This Agreement constitutes the entire agreement between you and GBR Associates, LLC regarding the use of the Websites and Services. The failure of GBR Associates, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.

 

Restrictions on Use of Materials

 

You acknowledge that GodBlessRetirement.com contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and GBR Associates, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

Copyright Policy

 

GBR Associates, LLC prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

 

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

 

GBR Associates, LLC

 4828 Camp Bowie Blvd 

Fort Worth, TX 76107

 

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to GBR Associates, LLC at the address shown above, giving a written statement that contains:

 

1. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

2. identification of the allegedly infringing material on the Site that is requested to be removed;

3. your name, address, and daytime telephone number, and an e-mail address if available;

4. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

5. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

6. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.

 

GBR Associates, LLC will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

 

Liability for Content

 

You hereby acknowledge and agree that GBR Associates, LLC (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, GBR Associates, LLC excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

 

You hereby acknowledge and agree that GBR Associates, LLC cannot and does not review the Content created or uploaded by its users, and neither GBR Associates, LLC nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

 

GBR Associates, LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against GBR Associates, LLC or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

 

Repeat Infringers

 

GBR Associates, LLC will suspend or terminate your access to the Websites if GBR Associates, LLC determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.

 

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.

 

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by GBR Associates, LLC at its sole discretion.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.

 

Limitation of Liability

 

In no event shall GBR Associates, LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from GBR Associates, LLC or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

 

The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. GBR Associates, LLC makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites' content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL GBR ASSOCIATES, LLC, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF GBR ASSOCIATES, LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GBR ASSOCIATES, LLC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GBR ASSOCIATES, LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of GBR Associates, LLC and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to GBR Associates, LLC during the six months prior to notice to GBR Associates, LLC of the dispute for which the remedy is sought.

 

Indemnity by You

 

You agree to indemnify and hold GBR Associates, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

 

1. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;

2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;

3. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of GBR Associates, LLC.

 

Attorney Fees

 

In the event that GBR Associates, LLC is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for GBR Associates, LLC's attorneys' fees and costs.

 

Parental or Guardian Permission

 

Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.

 

Privacy

 

Use of the Websites and/or the Service is also governed by our Privacy Policy provided herein.

 

Jurisdiction and Choice of Law; Dispute Resolution

 

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of TEXAS, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of TEXAS with the same force and effect as if such service had been made within the State of TEXAS. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

Arbitration Provision/No Class Action

 

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Texas, County of Tarrant. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Texas, County of Tarrant.

 

No Third Party Beneficiaries

 

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

Availability Outside the U.S.

 

If you access GodBlessRetirement.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

 

Entire Agreement

 

This Agreement contains the entire agreement between you and GBR Associates, LLC regarding the use of the Websites and/or the Service.

 

Severability; Waiver

 

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, GBR Associates, LLC's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect GBR Associates, LLC's ability to enforce such term at any point in the future.

 

Headings

 

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

 

Please contact us with any questions regarding this agreement.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

User Content

 

a. User Contributions. The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through the Websites.

 

b. Content Standards. These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

c. Monitoring and Enforcement. GBR Associates, LLC has the right to:

 

• Remove or refuse to post any User Content for any or no reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for GBR Associates, LLC.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.

• Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.

 

d. No Responsibility. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not GBR Associates, LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Websites.

 

Your Use of the Websites

 

You may not browse or download illegal content.

 

You must not copy, capture, or attempt to copy or capture any content from the Websites (the "Content") or any part of the Websites unless given express permission by GBR Associates, LLC.

 

You must not copy, republish, adapt, make available, or otherwise communicate to the public, display, perform, transfer, share, distribute, or otherwise use or exploit any Content on or from the platform, except (i) where such Content is created by you (such content being "Your Content") or (ii) as permitted under these Terms of Service and within the parameters set by the person or entity that uploaded the Content (the "Uploader"), for example, under the terms of Creative Commons licenses selected by the Uploader.

 

You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.

You must not employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise make use of any Content.

 

You must not use bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, post comments, or otherwise act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.

 

You must not alter, remove, or attempt to alter or remove any trademark, copyright, or other proprietary or legal notices contained in or appearing on the Websites or any Content appearing on the Websites (other than Your Content).

 

You must not and must not permit any third party to copy or adapt the object code of the Websites or reverse-engineer, reverse-assemble, decompile, modify, or attempt to discover any source or object code of any part of the Websites or circumvent or attempt to circumvent any copy protection mechanism or access rights management information pertaining to Content other than Your Content.

 

You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available, or otherwise communicate to the public:

 

• Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, or indecent; that promotes violence, terrorism, or illegal acts; incites hatred on grounds of race, gender, religion, or sexual orientation; or is otherwise objectionable in GBR Associates, LLC's sole and reasonable discretion.

• Any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties, including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information, or any other right.

• Any Content that violates or is contrary to any law, rule, regulation, or court order, or that is otherwise illegal or unlawful in GBR Associates, LLC's sole and reasonable opinion.

• Any material containing viruses, Trojan horses, spyware, adware, malware, bots, time bombs, worms, or other harmful or malicious components that impair or disrupt the Websites, or any servers or networks forming part of or connected to the Websites.

• Any unsolicited or unauthorized advertising, promotional messages, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

You must not engage in any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.

 

You must not rent, sell, or lease access to the Websites or any Content on the Websites, though you may link to Your Content on any legitimate online store where such Content may be purchased.

 

You must not deliberately impersonate any person or entity or misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

 

You must not stalk, exploit, threaten, abuse, or otherwise harass another user or any GBR Associates, LLC employee. If GBR Associates, LLC determines that your behavior towards any of its employees is threatening or offensive, we reserve the right to immediately terminate your membership without entitlement to any refund of unused subscription fees.

 

You must not sell or transfer or offer to sell or transfer any GBR Associates, LLC account to any third party without prior written approval from GBR Associates, LLC.

 

You must not collect or attempt to collect personal data or any other kind of information about other users, including through spidering or scraping.

 

You must not violate or attempt to violate any data security measures employed by GBR Associates, LLC, access data or materials not intended for you, or attempt to breach GBR Associates, LLC’s data security procedures. Attempts to interfere with the Websites or the Services through hacking, submitting viruses, or overloading the system may be prosecuted. GBR Associates, LLC reserves the right to investigate such actions and cooperate with law enforcement in prosecuting any users who have participated in such violations.

 

By agreeing to these terms, you acknowledge and agree that GBR Associates, LLC reserves the right, at its sole discretion, to terminate your account or take other actions if you breach any of the above conditions or other terms of these Terms of Service. This may include legal action and/or reporting offending users to the relevant authorities.

 

Representations and Warranties

 

You hereby represent and warrant to GBR Associates, LLC as follows:

 

• Your Content and each and every part thereof is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary to use and (if and where relevant) authorize GBR Associates, LLC to use Your Content pursuant to these Terms of Service, including without limitation, the right to upload, reproduce, store, transmit, distribute, share publicly, display publicly, perform, make available, and otherwise communicate Your Content and each part thereof on, through, or via the Websites, any and all Services, and any third-party services.

• Your Content and the availability thereof on the Websites does not and will not infringe or violate the rights of any third party, including without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

• You have obtained all necessary consents, permissions, and/or releases from any and all persons appearing in Your Content to include their name, voice, performance, or likeness in Your Content and to publish the same on the Websites and via any third-party services.

• Your Content, including any comments you post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, and will not promote violence, terrorism, illegal acts, or incite hatred based on race, gender, religion, or sexual orientation.

• Your Content does not and will not create any liability on the part of GBR Associates, LLC, its subsidiaries, affiliates, successors, assigns, and their respective employees, agents, directors, officers, and/or shareholders.

 

GBR Associates, LLC reserves the right to remove Your Content, suspend or terminate your access to the Websites, and/or pursue all legal remedies if it believes that any of Your Content breaches any of the foregoing representations or warranties or otherwise infringes another person’s rights or violates any law, rule, or regulation.

 

Term and Termination

 

This Agreement will remain in full force and effect while you use the Websites and/or the Service. You may terminate your membership and/or subscription at any time by contacting GBR Associates, LLC at info@GodBlessRetirement.com. If you resign or cancel your membership and/or subscription to GodBlessRetirement.com, you may be asked to provide a reason for your resignation/cancellation to help GBR Associates, LLC analyze and improve the Service.

 

GBR Associates, LLC may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provided in your application for membership or such other email address you may later provide to GBR Associates, LLC. If GBR Associates, LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of GBR Associates, LLC. GBR Associates, LLC is not required to provide you notice prior to terminating your membership and/or subscription, and GBR Associates, LLC may be prohibited from disclosing the reason for the termination of your account.

 

Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive the termination of this Agreement shall be deemed to survive such termination.

 

Modifications to Service

 

GBR Associates, LLC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GBR Associates, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

 

Blocking of IP Addresses

 

In order to protect the integrity of the Services, GBR Associates, LLC reserves the right, at any time, in its sole discretion, to block Members from certain IP addresses from accessing the Websites.

 

Content

 

Proprietary Rights. GBR Associates, LLC retains all proprietary rights in the Websites and the Service. 

 

The Websites contain copyrighted material, trademarks, and other proprietary information of GBR Associates, LLC and its licensors. Except where expressly permitted, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information.

 

All content on GodBlessRetirement.com is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of GBR Associates, LLC and is for GodBlessRetirement.com's Members’ use only. Distribution of Content to others is strictly prohibited. 

 

You agree that GBR Associates, LLC would be irreparably harmed by any violation or threatened violation of this section and that, therefore, GBR Associates, LLC shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section without posting bond, in addition to any other right or remedy it may have.

 

We may provide links to third-party websites, and some of the content appearing on GodBlessRetirement.com may be supplied by third parties. GBR Associates, LLC has no responsibility for these third-party websites, nor for their content, which is subject to and governed by the terms of service and/or privacy policies, if any, of the applicable third-party content providers.

 

Ownership of Your Content; Licenses

 

You agree that any content you upload to the Websites and/or the Service ("Your Content") shall be used for business purposes as implied by GBR Associates, LLC. This shall not affect Sections regarding Copyright Policy, Limitation of Liability, and Indemnity by You of this Agreement.

 

However, with respect to Your Content, GBR Associates, LLC grants you a worldwide, royalty-free, and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use.

 

Any content other than Your Content is the property of the relevant Uploader and may be subject to copyright, trademark rights, or other intellectual property rights. Such content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available, or otherwise communicated to the public or exploited for any purposes, except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s content or include another user’s content in a set, you acquire no ownership rights whatsoever in that content. Subject to the rights expressly granted in this section, all rights in content are reserved to the relevant Uploader.

 

Restrictions on Use of Materials

 

You acknowledge that GodBlessRetirement.com contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and GBR Associates, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Intellectual Property. All trademarks appearing on the Websites are trademarks of their respective owners.

 

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive prior written consent from GBR Associates, LLC.

 

Copyright Policy

 

GBR Associates, LLC prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

 

Pursuant to Title 17, United States Code, Section 512(c)(2), or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

 

GBR Associates, LLC
4828 Camp Bowie Blvd
Fort Worth, TX 76107

 

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the site, please write to GBR Associates, LLC at the address shown above, providing a written statement that includes:

 

• Identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

• Identification of the allegedly infringing material on the site that is requested to be removed;

• Your name, address, daytime telephone number, and email address if available;

• A statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the right that is allegedly infringed; and

• The signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

 

GBR Associates, LLC will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c)(3), or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, individuals who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

 

Liability for Content

 

You hereby acknowledge and agree that GBR Associates, LLC (i) stores content and other information at the direction, request, and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage, and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of your content that you upload, post, or distribute to, on, or through the Websites, and to the extent permissible by law, GBR Associates, LLC excludes all liability with respect to all content (including your content) and the activities of its users with respect thereto.

 

You hereby acknowledge and agree that GBR Associates, LLC cannot and does not review the content created or uploaded by its users, and neither GBR Associates, LLC nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders has any obligation and does not undertake or assume any duty to monitor the Websites for content that is inappropriate, that does or might infringe any third-party rights, or that has otherwise been uploaded in breach of these Terms of Service or applicable law.

 

GBR Associates, LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Websites by users, including but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to the publication of defamatory, pornographic, obscene, or offensive material, or any claims relating to the completeness, accuracy, currency, or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against GBR Associates, LLC or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.

 

Repeat Infringers

 

GBR Associates, LLC will suspend or terminate your access to the Websites if GBR Associates, LLC determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.

 

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.

 

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by GBR Associates, LLC at its sole discretion.

Please note that we do not offer refunds to members whose accounts are terminated as a result of repeated infringement of these Terms of Service.

 

Limitation of Liability

 

In no event shall GBR Associates, LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained on the Websites or in any written or oral communications from GBR Associates, LLC or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

 

The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is," without warranty of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. GBR Associates, LLC makes no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Websites' content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk.

 

UNDER NO CIRCUMSTANCES SHALL GBR ASSOCIATES, LLC, ITS OFFICERS, OWNERS, EMPLOYEES, OR AGENTS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF GBR ASSOCIATES, LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

 

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GBR ASSOCIATES, LLC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITES, OR THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL, OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GBR ASSOCIATES, LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY, OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of GBR Associates, LLC and the sole remedy available to any member in any case in any way arising out of or relating to this Agreement, the Websites, or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the member or user to GBR Associates, LLC during the six months prior to notice to GBR Associates, LLC of the dispute for which the remedy is sought.

 

Indemnity by You

 

You agree to indemnify and hold GBR Associates, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

 

• Your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement, including without limitation your representations and warranties set forth above;

• Any third-party claim of infringement of copyright or other intellectual property rights, or invasion of privacy, arising from the hosting of Your Content on the Websites, and/or your making it available to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;

• Any activity related to your account, either by you or by any other person accessing your account with or without your consent, unless such activity was caused by the act of GBR Associates, LLC.

 

Attorney Fees

 

In the event that GBR Associates, LLC is successful, in whole or in part, in any action or proceeding related to or arising from this Agreement, you shall be responsible for GBR Associates, LLC's attorneys' fees and costs.

 

Parental or Guardian Permission

 

Some of the content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.

 

Privacy

 

Use of the Websites and/or the Service is also governed by our Privacy Policy provided herein.

 

Jurisdiction and Choice of Law; Dispute Resolution

 

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Texas with the same force and effect as if such service had been made within the State of Texas.

 

You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested, which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

Arbitration Provision/No Class Action

 

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims, and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim. Judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.

 

Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Texas, County of Tarrant. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Texas, County of Tarrant.

 

No Third Party Beneficiaries

 

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

 

Availability Outside the U.S.

 

If you access GodBlessRetirement.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

 

Entire Agreement

 

This Agreement contains the entire agreement between you and GBR Associates, LLC regarding the use of the Websites and/or the Service.

 

Severability; Waiver

 

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, GBR Associates, LLC's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect GBR Associates, LLC's ability to enforce such term at any point in the future.

 

Headings

 

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

 

Please contact us with any questions regarding this Agreement:

 

GBR Associates, LLC
4828 Camp Bowie Blvd
Fort Worth, TX 76107
Email: info@GodBlessRetirement.com