Terms of Use

GFX International, Inc., (GFX) makes information available on this web site (the "Site"), subject to the following terms and conditions. By accessing the Site, you agree to these terms and conditions. GFX reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned on the Site at any time, at its sole discretion, without notice and your continued use of the Site constitutes your acceptance of such revised terms. GFX reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

Use of Site Materials
All documents and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by GFX and are protected by copyright, trade dress, and other laws.

GFX grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) the GFX copyright notice (set forth below) appears in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You agree not to "frame" or "mirror" any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of GFX.

You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.

Copyright Notice:

© 2008 GFX International, Inc. All rights reserved.

Trademarks and Service Marks
The following trademarks, including but not limited to GFX International, Inc.,™ the GFX Logo, Retail Image Solutions ™ and Store Profiler® are trademarks/registered trademarks owned by GFX and may be registered in the United States and/or other jurisdictions. All other trademarks and/or service marks are the property of their respective owners.

Password Restricted Areas of the Site
Certain areas of the Site are password restricted to authorized users (Private Client Areas). If you are an authorized user of the Private Client Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify GFX if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify GFX of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Warranties and Disclaimers; Liability Limitations
DISCLAIMER OF WARRANTY: THE SITE AND MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. GFX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE OR MATERIALS. GFX DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GFX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE OR ANY MATERIALS. IN NO EVENT SHALL GFX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF GFX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

GFX ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS WHICH ARE INCLUDED WITHIN, REFERENCED BY, OR LINKED TO OR BY THE SITE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, GFX MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

Third-Party Web Sites
The Site may contain links to third-party web sites, which are not under the control of GFX. Please note that when you click on these links you are moving to another web site. GFX makes no representations about third-party web sites. When you access a third party web site, you do so at your own risk. GFX is not responsible for the reliability of any data, opinions, advice, or statements made on third-party web sites. GFX provides these links merely as a convenience. The inclusion of such links does not imply that GFX endorses, recommends, or accepts any responsibility for the content of such sites.

Third-Party Products and Services
The Site may contain mention of third-party products and services for informational purposes. GFX makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by GFX "as is," without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.

Privacy Policy
In order to respond to inquiries you submit via the "Contact Us" pages of the Site, GFX may request personal information from you, like your name, e-mail address, company name, or zip code. GFX uses this personal information only to respond to your inquiry.

If you are a customer of GFX, in order to respond to inquiries you submit via the Private Client Areas, GFX may also request information from you, which may include the personally identifiable information of yourself and others. The collection and use of such information will be governed by your customer agreement with GFX.

General Terms
You agree that all matters relating to your access to, or use of, the Site shall be governed by the laws of the state of Illinois. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Cook County, Illinois and the United States District Court for the Northern District of Illinois, with respect to such matters.

GFX makes no representation that information on the Site is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access the Site do so on their own initiative and of their own risk and are responsible for compliance with all applicable laws.

The Terms comprise the entire agreement between you and GFX and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between you and GFX regarding the subject matter contained herein.

© 2008 GFX International, Inc.