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Welcome to Gap Technologies, Inc. This site is provided by Gap Technologies, Inc. (referred to throughout this site as “Gap Technologies, Inc.”) as a service to our customers. Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. Gap Technologies, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Gap Technologies, Inc. Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site. Copyrights and Trademarks |
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Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Gap Technologies, Inc., one of its affiliates or by third parties who have licensed their materials to Gap Technologies, Inc. and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Gap Technologies, Inc. and is also protected by U.S. and international copyright laws.
Gap Technologies, Inc. and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of Gap Technologies, Inc.’s or any third party’s intellectual property rights.
The Gap Technologies, Inc. names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Gap Technologies, Inc. Stores, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Gap Technologies,Inc.’s endorsement, sponsorship or recommendation of the third party, information, product or service. Gap Technologies, Inc. is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
| Use Of This Site |
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Gap Technologies, Inc. or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Gap Technologies, Inc.® and SmartEvals.com ® is a trademark of Gap Technologies, Inc. Stores, Inc. and GapTechnologies.com, Inc.
| Site Security |
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
Gap Technologies, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Gap Technologies, Inc. on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
| General |
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Gap Technologies, Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Gap Technologies, Inc.’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New York law as such law applies to agreements between New York residents entered into and to be performed within New York. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New York.
| Course Evaluation Data — Privacy of course evaluations and surveys submitted by students and other survey takers |
(a) Gap acknowledges that all information provided to Gap Technologies, Inc. by its paying customers (hereafter “Customer” or “Customers”) or its users in connection with their course evaluations with this Agreement is the property of Customer. Gap Technologies, Inc. agrees not to re-disclose such information without the express written consent of Customer, except as otherwise specifically provided in this Agreement or the Rules or as required by the laws of the State of New York or a court order from a Court of competent jurisdiction within the State of New York.
(b) Gap Technologies, Inc. may access Customer’s eligible user lists for internal use at any time prior to the expiration of this Agreement.
(c) Under no circumstances will Gap Technologies, Inc. use any information provided directly or indirectly by Customer or users, including but not limited to email addresses, for any use other than administering the Service for Customer’s use.
(d) Gap Technologies may use the collected student evaluation data for its own statistical purposes so long as Gap Technologies, Inc. removes all personally identifiable information (including names, student identifiers, course names, and email addresses) from such data.
(e) Customer agrees that Gap Technologies, Inc. may also administer a teacher satisfaction survey to Customer’s instructors after the evaluation period is complete and use data collected from this survey for statistical purposes and to develop “best practices.” Gap Technologies, Inc. agrees to remove all personally identifiable information from this information as well.
(f) Gap Technologies, Inc. shall make no use of information or data provided by Customer or users or resulting from such information except as expressly provided in their Service Agreement.
(g) Gap Technologies, Inc. agrees that it will make every reasonable attempt to ensure that it never releases to a particular Customer any data that will connect a particular student evaluation with their identity. It holds submissions by Customer’s users to be completely confidential in nature.
| User Reviews, Comments, Feedback, Postcards and Other Submissions |
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed but not described above, submitted to Gap Technologies Inc., on this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Non Evaluation Comments”) shall be and remain Gap Technologies, Inc.’s property. Such disclosure, submission or offer of any Non Evaluation Comments shall constitute an assignment to Gap Technologies, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Non Evaluation Comments.
Thus, Gap Technologies, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Non Evaluation Comments. Gap Technologies, Inc. will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Gap Technologies, Inc. is and shall be under no obligation
1. to maintain any Non Evaluation Comments in confidence;
2. to pay to user any compensation for any Non Evaluation Comments; or
3. to respond to any user Non Evaluation Comments.
You agree that any Non Evaluation Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Gap Technologies, Inc. does not regularly review posted Non Evaluation Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Non Evaluation Comments submitted to the Site. You grant Gap Technologies, Inc. the right to use the name that you submit in connection with any Non Evaluation Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Non Evaluation Comments you submit. You are and shall remain solely responsible for the content of any Non Evaluation Comments you make and you agree to indemnify Gap Technologies, Inc. and its affiliates for all claims resulting from any Non Evaluation Comments you submit. Gap Technologies, Inc. and its affiliates take no responsibility and assume no liability for any Non Evaluation Comments submitted by you or any third party.
| Indemnification |
You agree to defend, indemnify and hold Gap Technologies, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
| Termination |
These terms are effective unless and until terminated by either you or Gap Technologies, Inc. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Gap Technologies, Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Gap Technologies, Inc.’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Gap Technologies, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
| Disclaimer |
THIS SITE IS PROVIDED BY GAP TECHNOLOGIES, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAP TECHNOLOGIES, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GAP TECHNOLOGIES, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GAP TECHNOLOGIES, INC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE GAP TECHNOLOGIES, INC WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
| Limitation of Liability |
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GAP TECHNOLOGIES, INC. OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE GAP TECHNOLOGIES, INC. WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GAP TECHNOLOGIES, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GAP TECHNOLOGIES, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.