Terms & Conditions www.gatcaandtrusts.com By clicking the box “I agree to the terms and conditions”, you agree to the following: This Agreement is between the entity or individual entering into this Agreement (“Customer”) and GATCA & Trusts Compliance Associates LLC (“G&TCA”).
- SCOPE. G&TCA will provide the Customer with full access to view the Subscriber Resources available after logging in to www.gatcaandtrusts.com.
- LIMITATIONS ON USE. Customer may not copy, download, take screenshots of, photograph, or otherwise reproduce any of the materials or content (e.g., by note taking) in any manner whatsoever or allow others to do so. We take violations seriously and will prosecute and sue all offenders. The purpose of the free subscription is so that Customer can see everything on offer, but because the access is free, Customer may not retain any of the materials or their content in any manner whatsoever.
- LIABILITY FOR MISUSE, CONSENT TO JURISDICTION, AND TO JUDGMENT. Customer agrees that it is difficult to assess the actual damages incurred by G&TCA in the event of Customer violating the above Limitations on Use. Customer therefore agrees that Customer shall be liable, and hereby consents to entry of judgment against Customer, for liquidated damages of USD 50,000.00 for each violation. Customer also agrees that, if such violation was intentional, Customer will be liable for punitive damages in an amount to be determined by the court adjudicating the matter, and Customer hereby consents to entry of judgment for such damages. Customer further consents to the jurisdiction of the courts of general jurisdiction of Switzerland, the United States, and New Zealand for all actions brought to enforce this liability.
- SUBSCRIPTION SERVICES.
- 4.1 Access Rights. Subject to the terms of this Agreement, G&TCA hereby grants to the Customer a worldwide, non-exclusive, non-transferable, non-sublicenseable, limited, revocable, license to access the G&TCA Subscriber Resources in accordance with the terms of this Agreement, solely in connection with the operation of the business of the Customer. This is a license not a sale of the Subscriber Resources. The copyright and all other rights to the Subscriber Resources remain with G&TCA.
- 4.2 Customer Responsibilities and Restrictions.
- Customer will prevent unauthorised access to, or use of, the G&TCA Subscriber Resources, and will notify G&TCA promptly of any such unauthorised access or use
- Customer will not (i) modify or create derivative works based on the Subscriber Resources; (ii) reproduce or copy in any form (e.g., electronically, via screenshots, or in paper or other forms) any content forming part of the Subscriber Resources, (iii) attempt to gain unauthorised access to the Subscriber Resources or allow others to gain unauthorised access by sharing log-in details, or (iv) distribute, rent, lease, assign, sublicense, rebrand, repackage, provide, or otherwise transfer any of the Subscriber Resources or copies to any third party or cause, assist, or permit any third party to do any of the foregoing.
- TERM AND TERMINATION.
- 5.1 Term. This Agreement begins when the Customer obtains log-in information giving access to the Subscriber Resources and terminates 72 hours later unless terminated sooner.
- 5.2 Termination for Cause. G&TCA may terminate this agreement and deny further access to the Subscriber Resources without notice if Customer violates any of the terms of this Agreement.
- 5.3 Effects of Termination. Upon termination, all rights and licenses granted herein will terminate and the Customer will make no further use of the Subscriber Resources. No termination will cancel any of the Customer’s obligations set forth in Section 3 or Section 4.
- PROPRIETARY RIGHTS AND CONFIDENTIALITY.
- 6.1 Proprietary Rights. G&TCA retains all right, title and interest to the Subscriber Resources and all related intellectual property and proprietary rights. The Subscriber Resources are protected by applicable copyright, trade secret, industrial, and other intellectual property laws. G&TCA owns all right, title, and interest in all programming, documentation, flowcharts, templates, questionnaires, methodologies, models, charts, reports, and any other items used to deliver the Subscriber Resources or made available to the Customer via the Subscriber Resources. Access to and use of the Subscriber Resources are governed by the terms of this Agreement. G&TCA reserves any rights not expressly granted to the Customer.
- 6.2 Confidentiality. If Customer becomes aware of any unauthorised use or disclosure of the Subscriber Resources, then Customer will promptly and fully notify G&TCA of all facts known to it concerning such unauthorised use or disclosure. Customer agrees that G&TCA may refer to the Customer as a customer of G&TCA, both internally and in externally published media.
- 6.3 Suggestions. The Customer agrees that G&TCA shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into any G&TCA products or services any suggestions, enhancement requests, recommendations, or other feedback provided by the Customer relating to the Subscriber Resources.
- DISCLAIMERS AND LIMITS ON LIABILITY.
- 7.1 Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, G&TCA MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. G&TCA HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, AND INFORMATION CONTENT.
- 7.2 DISCLAIMER OF DAMAGES. G&TCA IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SUBSCRIBER RESOURCES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF G&TCA OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
- 7.3 NO LEGAL ADVICE. THE SUBSCRIBER RESOURCES ARE NOT LEGAL ADVICE. CUSTOMER IS URGED TO COUNSULT LEGAL COUNSEL FOR ANY SUCH ADVICE RELATED TO ANY OF THE TOPICS COVERED BY THE SUBSCRIBER RESOURCES.
- 7.4 LIMITS ON LIABILITY. G&TCA SHALL HAVE NO AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEEDING THE AMOUNTS ACTUALLY PAID BY AND DUE FROM THE CUSTOMER PURSUANT TO THE ORDER(S) GIVING RISE TO LIABILITY.