Welcome to the website (“Site”) of EMailGPS, Inc. (a Wyoming corporation) (“EMailGPS”, “we” or “us”), www.eMailGPSInc.com (the “Site” or “Web Site”). EMailGPS is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
Our Intellectual Property
The EMailGPS name and EMailGPS-branded seals, logos, and related marks are registered trademarks/design marks of EMailGPS. The EMailGPS Website seal, the Click to Verify mark, the COPPA mark, and other such marks are trademark/certification mark(s)/service mark(s) of EMailGPS. All rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by EMailGPS or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by EMailGPS.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold EMailGPS, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Certain areas of this Site enable you to apply to join one or more of the EMailGPS seal programs. The terms of those programs and the terms governing your application to and participation in those programs are set forth in the License Agreement[s] for such program[s]. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your application, nor does it constitute an acceptance into the program. EMailGPS reserves the right after receipt of your order to accept or decline your application as provided in the License Agreement governing the particular program[s] for which you apply.
Any information contained in a EMailGPS Whitelist is designed to communicate the compliance with the applicable program requirements of a EMailGPS Program by a particular company or software application. The intent of each EMailGPS Whitelist is solely to communicate that the company or software application listed therein has been found to be in compliance with the program requirements of the applicable EMailGPS Program; however, it may be that the company or software application listed therein has violated the program requirements of the applicable EMailGPS Program and such violation has not yet been detected or reported, and in the event that it is determined that there has been a violation of the applicable program requirements, that company’s or software application’s status on the Whitelist would be under review. Listing of any company or software application on the Whitelist does not mean anything more than the foregoing and you may not infer anything further about the company, products or services of the company, or the software application from such listing on the Whitelist.
Use of the information on any of EMailGPS’s Whitelists is for verification and research purposes only. While EMailGPS encourages development of automated technologies to implement EMailGPS Whitelists, such development must be predicated on the execution of an agreement with EMailGPS regarding such development and use of the EMailGPS Whitelists. Absent such an agreement, obtaining information from a EMailGPS Whitelist by automated means, such as “screen scraping”, for purposes of commercial automated verification or research is prohibited.
Disclaimer of Warranty, Limitation of Liability, and Release
EMailGPS does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” EMailGPS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL EMailGPS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED EMailGPS IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
EMailGPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT EMailGPS ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall EMailGPS’ aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with EMailGPS, you release EMailGPS (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”
Links to Other Sites
Our Site may provide links to websites not operated by EMailGPS. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party websites. For example, we do not vouch for the accuracy or reliability of the information on third-party websites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third party-sites, and make no representations regarding the accuracy of materials on third-party Websites. Statements made on third-party Websites linked to or from this site reflect only the views of their authors and not of EMailGPS.
Unless otherwise set forth in a written agreement between you and EMailGPS, you may link your Website to the home page of our Site. [provided that you adhere to the following linking policy: (i) any link to EMailGPS’s Site must be a text only link and clearly marked “EMailGPS Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with EMailGPS’s name, trademarks, and certification marks, (iii) the link must “point” to the URL www.eMailGPSInc.com and not to other pages within our Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with EMailGPS, (v) when selected by a user, the link must display the EMailGPS Site on full-screen and not within a “frame” on the linking Site, and (vi) EMailGPS reserves the right to revoke its consent to the link at any time and in its sole discretion.]
Violations and Additional Terms
No delay or failure by EMailGPS to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by EMailGPS nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of EMailGPS shall have any legal effect.
If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
This English-language Terms and Conditions statement is EMailGPS’ official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
For More Information
If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to legal@eMailGPSInc.com, calling our customer service at (949) 933-8422, or writing to us at EMailGPS, Inc. 1712 Pioneer Ave. Suite 992, Cheyenne, WY 82001.
Changes to this Agreement