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may contain errors or may have become out of date.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can become out-of-date.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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