Terms of use

Updated: May 20, 2007

Welcome to GirtzFS.com. Please read this document carefully as it states the Terms and Conditions under which you may use this Web Site and Service. Your use of this Service indicates your acceptance to be bound by the provisions of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use this Web Site or Service.

Girtz Financial Services LLC. may revise these Terms and Conditions at any time by updating this page. Any changes made to these Terms and Conditions will also be binding on you. You should visit this page to review the Terms and Conditions before using the Web Site.

TERMS AND CONDITIONS

1. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

  • "You", "Your" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.
  • "Web Site" as used herein refers to this Web Site located at www.GirtzFS.com.

2. USER RESPONSIBILITIES

All information, whether publicly posted or privately transmitted, on this Web Site ("Content") is the sole property of Girtz Financial Services LLC., and is protected by U.S. copyright and international treaties. Girtz Financial Services LLC authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes. This includes copying or adapting the HTML code used to generate Web pages on this Web Site.

This means that You, not Girtz Financial Services LLC, are entirely responsible for all Content that You post to this Web Site. Girtz Financial Services LLC does not control all of the Content posted and as such does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Girtz Financial Services LLC be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

You acknowledge that Girtz Financial Services LLC does not pre-screen Content, but that Girtz Financial Services LLC shall have the right (but not the obligation) to refuse, move or delete any Content that is made available using the Web Site. You agree that You will evaluate, and assume all risks and obligations associated with the use of, any Content, including reliance on the accuracy, completeness or usefulness of such Content.

You also acknowledge and agree that Girtz Financial Services LLC may preserve or remove Content at any time. Furthermore, You agree that Girtz Financial Services LLC may disclose Content, including information about Your account or Your use of the Service, to any third-party if required to do so by law or in the good faith belief that such disclosure is necessary to comply with legal process.

3. ACCEPTABLE USE

Without limitation, You agree that You will use the Services and the Web Site only in accordance with these Terms and Conditions, and will not engage in any of the following activities:

  1. Uploading, posting, e-mailing or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Engaging in behavior or activities that would harm minors in any way; impersonating any person or entity, including, but not limited to, an Girtz Financial Services LLC employee, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
  3. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
  4. Adopting of names and addresses for the purpose of cyber-squatting;
  5. Uploading, posting, e-mailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right of any party;
  6. Uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
  7. Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
  8. Intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
  9. Collecting information about others, including e-mail addresses, without their consent.

4. REGISTRATIONS, PASSWORD AND SECURITY

You agree to provide accurate, current and complete information about Yourself and/or Your Business as prompted by online registration forms. You agree to maintain and promptly update this information in order to ensure that it is and remains accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Girtz Financial Services LLC has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Girtz Financial Services LLC has the right to suspend or terminate Your account, and refuse any and all current or future use of the Service.

As a registered User, You agree to create a unique password to be used solely by You when using this Service. You are responsible for maintaining the confidentiality of Your password. Your Content and/or Your Business may be public or private. You agree to notify Girtz Financial Services LLC immediately of any unauthorized use of Your password or account, or any unauthorized use.

5. TERMINATION

Girtz Financial Services LLC reserves the right, without notice, to terminate a User's ability to access and use the Service if Girtz Financial Services LLC determines, in its sole discretion, that the User has violated any of the provisions of these Terms and Conditions. You acknowledge and agree that any termination of access to the Service may be effected without notice, and further acknowledge and agree that Girtz Financial Services LLC may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service.

6. PRIVACY

Girtz Financial Services LLC respects the privacy of its Users. Please read our Privacy Policy, which, by this reference, is incorporated into and made part of these Terms and Conditions. Girtz Financial Services LLC. reserves the right to amend the Privacy Policy from time to time pursuant to the provisions of these Terms and Conditions.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Girtz Financial Services LLC, its affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of, or relating to, the use of this Web Site or Service by You or Your Account.

8. WARRANTY

Girtz Financial Services LLC DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Girtz Financial Services LLC IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME THE RISK OF YOUR USE OF THIS WEB SITE AND THE INTERNET GENERALLY. THIS WEB SITE AND ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Girtz Financial Services LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Girtz Financial Services LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL Girtz Financial Services LLC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Girtz Financial Services LLC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the immediately preceding provisions may not apply to You. If the limitations set forth above are held to be inapplicable or unenforceable for any reason, then Girtz Financial Services LLC’s maximum liability to You for any type of damages shall be limited to U.S. $100.00.)

10. EXTERNAL LINKS

This Web Site may contain links to third-party web sites. These links are provided solely as a convenience to You and not as an endorsement by Girtz Financial Services LLC of the contents on such third-party Web sites. Girtz Financial Services LLC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

11. CONTENT STANDARDS

Girtz Financial Services LLC reserves final authority over content posted to, or contained on this Web Site. Offensive or objectionable content may be removed from the Web Site at any time, without notice.

12. COPYRIGHTS AND TRADEMARK INFORMATION

All trademarks, service marks and logos used by this Service are the property of their respective owners. If You believe that Your work, or the work of any third party, has been copied in a way that constitutes copyright infringement, please provide Girtz Financial Services LLC's copyright agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that You claim has been infringed;
  3. A description of where the material that You claim is infringing is located on the site;
  4. Your address, telephone number and e-mail address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

13. MISCELLANEOUS

Access to the Service or its Content may not be legal by certain persons or in certain countries. Girtz Financial Services LLC makes no claims that the Service or its Content may be lawfully viewed or downloaded outside of the United States. If You access this Web Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. These Terms and Conditions are governed by the laws of the State of Minnesota, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Minnesota. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of this Web Site, a particular "Legal Notice," Software License, or material on particular Web pages, these Terms and Conditions constitute the entire agreement between You and Girtz Financial Services LLC with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.