Gilbert Guide Terms & Conditions

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and GILBERTGUIDE.COM ("GilbertGuide.COM," "Gilbert Guide," "GG," "we," "us" or "our") that governs your use of the GILBERTGUIDE.COM Web site ("Site" or "Web site")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").

CHANGES TO TERMS AND CONDITIONS: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the changes.

HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects ("Content") on the GILBERTGUIDE.COM Web site.

We provide the Content on the GILBERTGUIDE.COM site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

Accordingly, You may view, use, copy, and distribute the Content found on our Web site for internal, noncommercial, informational purposes only. Gilbert Guide authorizes you to view or download a single copy of the material on the Site solely for your personal use if you include the following copyright notice: "Copyright © 2005 - 2009, Gilbert Guide, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. All other use requires permission from Gilbert Guide.

You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the GILBERTGUIDE.COM Web site. You may not use our Site to compile a collection of listings, including a competing directory listing, product or service. You may not use the Site or any Content for any unsolicited commercial e-mail.

Except as authorized in this agreement, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by GILBERTGUIDE.COM and/or any third party owner of such rights.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Gilbert Guide or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Gilbert Guide. All rights not expressly granted herein are reserved to Gilbert Guide and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

INTELLECTUAL PROPERTY COMPLAINTS: We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Content on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please e-mail this information to copyright@gilbertguide.com

DISCLAIMER OF MEDICAL, LEGAL AND FINANCIAL ADVICE: The Content of GILBERTGUIDE.COM, including any Content obtained from third-party licensors, is for informational purposes only. The Content is not intended to be a substitute for professional medical, legal, financial or geriatric care advice Always seek the advice of a qualified professional doctor, attorney, certified financial planner and licensed geriaritic/eldercare specialist regarding any questions. Reliance on any information provided by Gilbert Guide, Gilbert Guide employees, others appearing on the Site at the invitation of Gilbert Guide, or other visitors to the Site is solely at your own risk.

Never disregard professional medical advice or delay in seeking it because of something you have read on the Gilbert Guide site. If you think you may have a medical emergency, call your doctor or 911 immediately.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us or post in our Site Public Areas, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

USE OF PUBLIC AREAS ON THE SITE: If you use a Public Area, such as provider reviews and article comments, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Gilbert Guide is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger as a result of information posted in Public Areas, you should contact your local law enforcement agency immediately

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Gilbert Guide in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Harvesting or otherwise collecting information about others, including email addresses.
9. Allowing any other person or entity to use your identification for posting or viewing comments
10. Posting the same note more than once or "spamming"; or
11. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Gilbert Guide, exposes us or any of our customers or suppliers to any liability or detriment of any type.

Gilbert Guide reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.

2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Gilbert Guide has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

USER SUBMISSIONS: The personal information you submit to Gilbert Guide is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including provider reviews and article comments) that infringe or violate any rights of any party. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant or warrant that the owner of such intellectual property has expressly granted Gilbert Guide a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Gilbert Guide may sublicense its rights through multiple tiers of sublicenses.

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Gilbert Guide site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herin. Never post a picture or video of or with someone else unless you have their explicit permission.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

PASSWORDS: GILBERTGUIDE.COM has features that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Gilbert Guide passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform Gilbert Guide of any need to deactivate a password. You grant Gilbert Guide and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using our tools and services.

DELETIONS FROM SERVICE: We will delete any materials at the request of the user who submitted the materials. Gilbert Guide reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or, in the opinion of Gilbert Guide, may be, defamatory, infringing or violate applicable law. We reserve the right to exclude Content from the Site. Content submitted to Gilbert Guide for publication on the Site may be edited for length, clarity and/or consistency with our editorial standards.

PRIVACY POLICY: Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. Our Site is intended for use primarily by persons 18 years or older.

LINKS TO EXTERNAL INTERNET SITES: Links to external Internet sites are provided within the Site at many points as a convenience to users. The listing of an external site does not imply endorsement of the site by Gilbert Guide. We do not make any representations regarding the availability and performance of our Web site or any of the Web sites to which we provide links. When you click on advertising banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. Gilbert Guide and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.

THIRD PARTY SITES: Your correspondence or business dealing with or participation in the sales promotions of advertisers, service providers or other third-party Gilbert Guide partners, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these third party sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing this Site.

WARRANTY DISCLAIMER: Any use of the GILBERTGUIDE.COM Web site, reliance upon any Content and any use of the Internet generally shall be at your sole risk. GILBERTGUIDE.COM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Site.

THE SITE (INCLUDING CONTENT AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GILBERTGUIDE.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. GILBERTGUIDE.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GILBERTGUIDE.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY: IN NO EVENT SHALL GILBERTGUIDE.COM BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GILBERTGUIDE.COM IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. GILBERTGUIDE.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION: You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

MISCELLANEOUS: These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in San Francisco County, California. You agree to exclude, in its entirety, the application to these Terms, of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.

If, for any reason, a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between Gilbert Guide and you and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms and Conditions.