Terms & Conditions

By accessing the information through the Web Site made available at www.gphre.com (“Web Site”) on behalf of Global Preferred Holdings, Inc. (“Global Preferred”), you agree on behalf of yourself, and any and all persons, companies and legal entities that you represent, if any, and any and all employees and agents thereof (collectively “you” or “your”) that you have read and agree to use the Web Site in accordance with these Web Site Terms and Conditions (“Terms and Conditions”).

You are being provided a hyperlink to a third-party Securities and Exchange Commission filings web site. Global Preferred does not maintain or provide information directly to this site. Global Preferred makes no representations or warranties with respect to the information contained at such site and takes no responsibility for supplementing, updating or correcting any such information.

This website has been prepared solely for the purpose of providing information about Global Preferred . This website has been compiled in good faith by Global Preferred. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. The reports filed by Global Preferred with the Securities and Exchange Commission and listed on this website speak only as of the respective dates on which they were filed or used by Global Preferred. The contents of those reports can become out-of-date. Global Preferred makes no commitment, and disclaims any duty, to update any of those reports. Global Preferred reserves the right to add, modify or delete any information at this website at any time.

Disclosure/Forward-Looking Statements

Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events and financial performance of Global Preferred. All statements, other than statements of fact including, without limitation, statements regarding potential future plans and objectives of the company, are forward-looking statements that involve risks and uncertainties. There can be no assurance that such statements will prove to be accurate and actual results and future events could differ materially from those anticipated in such statements. We have described some important factors that could cause our actual results to differ materially from our expectations in “Risk Factors”, included in our Annual Report on Form 10-K, as amended, for the year ended December 31, 2005. You should carefully review these risks and additional risks described in other documents we file from time to time with the Securities and Exchange Commission, including quarterly reports on the Form 10-Q and annual reports on the Form 10-K. Except as otherwise required by federal securities laws, we undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

General Disclaimer

Global Preferred assumes no responsibility for the accuracy, completeness or timeliness of the information contained on this Web Site. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GLOBAL PREFERRED DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.


Limitations on Liability

GLOBAL PREFERRED SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GLOBAL PREFERRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF GLOBAL PREFERRED FOR DAMAGES OF ANY TYPE, EXPENSES OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND THE WEB SITE EXCEED FIVE HUNDRED DOLLARS ($500). THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER GLOBAL PREFERRED HAS BEEN ADVISED OF THE POSSIBILITY OF THE APPLICABLE DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES EVEN TO ANY NEGLIGENCE OF GLOBAL PREFERRED.

Web Site Restrictions

As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You will abide by all applicable laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Web Site. By ways of example, and not as a limitation, you will not use the Web Site to: (i) harvest or otherwise collect information from the Web Site about others, including without limitation email addresses, without proper consent; (ii) transmit or upload any material to the Web Site that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or (iii) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others. Except to extent Global Preferred permits you to access, copy and view the Web Site, solely for your personal, non-commercial use, you will not otherwise copy or use or otherwise violate Global Preferred’s copyrights, trademark rights, patent rights, trade secret and confidential information rights, and any other intellectual property rights and the rights to apply for such rights (“Intellectual Property Rights”) without Global Preferred’s express written permission.

Global Preferred has no obligation to monitor your use of the Web Site or retain the content of any of your sessions on the Web Site. However, Global Preferred reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Indemnification

You agree to defend, indemnify and hold Global Preferred and all of its subsidiaries, successors and affiliates, harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out or relating to any and all third party claims, demands or allegations arising out of or relating to your use of the Web Site, including, without limitation, arising out of or relating to your violation of the Terms and Conditions, any applicable laws, or your violation of any rights of a third party.


Equitable Relief

You acknowledge that any use or threatened use of the Web Site or its content in a manner inconsistent with these Terms and Conditions shall cause immediate irreparable harm to Global Preferred for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that Global Preferred shall be entitled to immediate and permanent injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of $1000 shall be sufficient. Nothing contained herein shall limit Global Preferred’s right to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms and Conditions, as applicable.

Termination and Modifications

Global Preferred has the right to discontinue this Web Site for any or no reason, without liability to you. Global Preferred has the right to modify or temporarily discontinue the Web Site or parts thereof, with or without notice to you. You agree that Global Preferred shall not have any liability to you or any third-party for any modification to the Web Site or your access to the Web Site. Global Preferred shall have the right to change the Terms and Conditions from time to time.

Miscellaneous

THE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND GLOBAL PREFERRED AND ALL OF ITS SUBSIDIARIES, SUCCESSORS AND AFFILIATES, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. You and Global Preferred agree to submit to the non-exclusive jurisdiction of the courts located within the County of Fulton, State of Georgia, provided that any lawsuits or other claims brought by you must be brought within the County of Fulton, State of Georgia. You hereby consent and submit to the in personam jurisdiction of such courts, waive any objection based on forum non conveniens and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. The failure of Global Preferred to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. Global Preferred has the right to remove, suspend or terminate this Web Site for any reason at any point in time.


 

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