Agreement between User and Gamble’s Hill Tredegar, LLC
Last Updated August 2021
EVERYTHING IN GAMBLE’S HILL TREDEGAR SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, “MATERIALS”), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON GAMBLE’S HILL TREDEGAR SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAMBLE’S HILL TREDEGAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMBLE’S HILL TREDEGAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GAMBLE’S HILL TREDEGAR SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAMBLE’S HILL TREDEGAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN GAMBLE’S HILL TREDEGAR SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAMBLE’S HILL TREDEGAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON GAMBLE’S HILL TREDEGAR SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Gamble’s Hill Tredegar be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in Gamble’s Hill Tredegar Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if Gamble’s Hill Tredegar or a Gamble’s Hill Tredegar authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Gamble’s Hill Tredegar’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing any Gamble’s Hill Tredegar Site.
Restrictions on Use
Materials in Gamble’s Hill Tredegar Sites, including but not limited to text and graphics, are the property of Gamble’s Hill Tredegar. Users may read Materials in Gamble’s Hill Tredegar Sites; however, users may not otherwise use Materials (including but not limited to Gamble’s Hill Tredegar’s names, logos, and trademarks) in any other way without the prior written consent of Gamble’s Hill Tredegar. Unless specifically authorized, such consent does not include the right to use Gamble’s Hill Tredegar’s names, logos, trademarks or other intellectual property.
Unless otherwise specified, Materials in Gamble’s Hill Tredegar Sites are presented solely for the purpose of promoting programs, products and services of Gamble’s Hill Tredegar available in the United States and such other countries where permitted by U.S. and local law. Applications and programs from Gamble’s Hill Tredegar Sites are subject to U.S. export control laws. No applications or programs from Gamble’s Hill Tredegar Sites may be downloaded or otherwise exported or re-exported (i) into (or to a resident or national of) Cuba, Syria, Sudan, Iran or any other country to which the U.S. has embargoed or sanctioned goods; or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List, the U.S. Bureau of Industry and Security Denied Persons List or any other similarly applicable lists. By using applications, you represent and warrant that you are not located in, under the control of, or a resident or national of any such country or on any such list.
Links to other Sites and References to Services Organizations
References on Gamble’s Hill Tredegar Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Gamble’s Hill Tredegar’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. Gamble’s Hill Tredegar is not responsible for the availability, content or any use of such referenced sites and/or organizations.
Gamble’s Hill Tredegar will endeavor to keep in a secure manner information that you submit to Gamble’s Hill Tredegar or you choose to save and/or store on or via Gamble’s Hill Tredegar Sites (Please also see Gamble’s Hill Tredegar’s Privacy Statement). Unless the exchange of confidential information is covered by a separate written secrecy agreement and marked “Confidential” (“Confidential Information”), Gamble’s Hill Tredegar does not wish to receive confidential or proprietary information from users through Gamble’s Hill Tredegar Sites. Please note that outside of the European Union, any information other than Confidential Information sent to Gamble’s Hill Tredegar or saved and/or stored on or via Gamble’s Hill Tredegar Sites by other than Gamble’s Hill Tredegar entities will be deemed NOT to be confidential, and that users grant Gamble’s Hill Tredegar an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at user’s risk. In addition to the disclaimer paragraph above, please note that Gamble’s Hill Tredegar is not responsible for misappropriation, loss or corruption of any such information by any means.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without giving effect to any principles of conflicts of law. All disputes arising out of this Agreement that cannot be resolved by discussions shall be submitted to the courts of Virginia unless otherwise agreed by the parties. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.