GDirect

Terms of Use

Last Update: October 2009

Click here to see Terms and Conditions Between Advertiser and Gdirect.

Parties of the Agreement

This is an agreement ("Agreement") between you and Gtellect, LLC (or, if applicable, one of its affiliates) ("Gdirect"). Gdirect provides printed and webbased Church business directories, with Internet navigation search pages which provide results for specific business searches. This Agreement governs your use of the Gdirect Website (“Website”), including any Results Pages and any Web page that contains a Web-based search box provided by Gdirect. You represent that you are at least 18 years of age and have reached the age of majority in the legal jurisdiction where you reside. Gdirect offers this Website conditioned on your acceptance of this agreement, and your use of the services contained on the website is your acceptance of this agreement. The agreement may be modified at any time by Gdirect without notice, and such modification shall be effective immediately upon posting of the modified terms. You are responsible to continue to review these terms, as your continued use of the services of the website shows your agreement to any changes that may be made. All aspects of this agreement shall protect any Church who does a Business Directory with Gdirect as well.

Account

You may be required to create an account with Gdirect in order to advertise your business on the website or to obtain other offers and services from Gdirect. Gdirect’s use of any personal information that you provide during the account creation process is governed by Gdirect’s privacy policy. When you create an account with Gdirect, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and for all activity that occurs under your account. Accordingly, you understand and agree that you will be liable for any activity performed by anyone using your account under your user name and password. You agree to (a) immediately notify Gdirect of any unauthorized use of your account or any other breach of security and (b) ensure that you exit from your Gdirect account at the end of each session. Violation of any of these terms may result in the termination of your account, at the sole discretion of Gdirect.

Comments, Testimony, Reviews, and Advertisements

If you post any comment, testimony or review on the website, you agree that you will only provide information that you believe to be true and you will not purposely provide false or misleading information. You are responsible for complying with all laws applicable to any content you submit. Gdirect reserves the right, but has no obligation, to monitor disputes between any business or customer that is joined together with the Website. Gdirect reserves the right, but not the obligation, to refuse to post or to remove any comment, testimony, review or advertisement submitted to the website for any reason.

Comments, testimony, reviews or advertisements do not reflect the views of Gdirect or any of Gdirect's subsidiaries or affiliated companies or any of their respective employees, officers, directors, or shareholders. Gdiect does not assume responsibility or liability for any for any claims, damages, or losses resulting from any use of a comment, testimony, review or advertisement. All aspects of this agreement shall protect any Church who does a Business Directory with Gdirect as well.

You agree that any comments, testimony, reviews or advertisements that you submit to Gdirect shall be owned exclusively and in perpetuity by Gdirect. Such exclusive ownership means that Gdirect, its subsidiaries, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, sell, and distribute any and all materials and communications regarding and including submitted items. Gdirect is under no obligation to give credit or pay any consideration to you for your comments, testimony or reviews. Gdirect does not control the content posted by thirdparties on the website, including the content of any comments, testimony or review, and does not guarantee the accuracy, integrity or quality of such content. You agree that you must evaluate and bear all risks associated with the use of any content on the website, including any reliance on the content, integrity, and accuracy of such content. If you see objectionable content or have any questions about this Agreement, please contact us at info@Gdirect.com.

No Commercial, Unlawful or Harmful Use of the Website

This website is for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Website for commercial purposes. You will not use the website in any way that is unlawful, or harms Gdirect, its affiliates, resellers, distributors, service providers and/or suppliers.

You will not use any Gdirect Website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not send automated queries of any sort to the website without express permission in advance from Gdirect. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Website to determine how a web site or web page "ranks" on the Website for various queries; (b) "meta-searching" the Website; and (c) performing "offline" searches on the Website.

No Endorsement of Warranty

Gdirect does not warrant or guarantee the accuracy, completeness or timeliness of any information available on any Gdirect Website. Gdirect does not authorize the use of information available from the website for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Gdirect does not endorse or recommend any particular product or service.

The Gdirect Websites are provided "As-Is", "With All Faults" and "As Available" and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Gdirect makes no representations, warranties or conditions (express or implied). Gdirect also disclaims any and all warranties or conditions, express, statutory and implied, including without limitation: 1. Warranties and conditions of merchantability, fitness for a particular purpose, accuracy, title and non-infringement, 2. Warranties or conditions arising through course of dealing or usage of trade, and 3. Warranties or conditions that access to or use of the website will be uninterrupted or error-free.

Liability Limitation

IN NO EVENT WILL ANY GDIRECT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEB PAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GDIRECT PARTY WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Changes to Website

Gdirect may change the Website or delete features in any way, without notice, at any time and for any reason. As you use the website, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") originated by Gdirect and persons other than Gdirect ("Third Parties"). The intellectual property rights in any Content, including any trademarks, provided by Third Parties via the Website are owned by such Third Parties or their licensors and may be subject to separate Terms and Conditions of those Third Parties. Gdirect's intellectual property is owned by Gtellect, LLC.

YOU ACKNOWLEDGE AND AGREE THAT GDIRECT IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY GDIRECT OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. YOU ACKNOWLEDGE AND AGREE THAT GDIRECT IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THE GDIRECT WEBSITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WEBSITE IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY GDIRECT TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE GDIRECT WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY GDIRECT OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT.

LINKS
The Gdirect Website may include links to other websites or resources provided by Third Parties over which Gdirect exercises no control. Because Gdirect has no control over such links, sites and resources, you acknowledge and agree that Gdirect is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such links, sites or resources. You further acknowledge and agree that Gdirect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such link, site or resource.

INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless Gdirect, its subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or from your use of the website.

PROPRIETARY INFORMATION
You acknowledge and agree that the Gdirect Website and any content, services or software available through or used in connection with the webpages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Website or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Gdirect or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or any content, services or software available through or used in connection with the Website, in whole or in part. You acknowledge and agree that Gdirect, its products and service names are trademarks of Gdirect and you agree that you will not display or use the Gdirect Marks in any manner, without the express written permission of Gdirect.

TERMINATION
Gdirect may terminate this Agreement, or terminate or suspend your access to the website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the website will immediately cease. Gdirect may discontinue, temporarily or permanently, the website with or without notice.

DISPUTE RESOLUTION
This agreement is to be used under the laws of the State of Arizona. However, Gdirect utilizes a Peaceful Dispute Resolution procedure for use in any conflict. To see this resolution, please click on "The Peacemaker's Pledge". If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

COPYRIGHT
All contents of the Gdirect Web Pages are Copyright ©2009 Gtellect, LLC and/or its suppliers, 17470 N. Pacesetter Way, Scottsdale, Arizona 85260, U.S.A. All rights reserved.
Gdirect respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. As a provider of the website, Gdirect is not in a position to arbitrate copyright disputes between copyright owners, on the one hand, and advertisers, web site operators or users of the website, on the other hand. The advertisers, web site operators, and users are responsible for their own content. Thus, we encourage copyright owners to resolve their disputes directly with the advertisers, web site operators, and/or users.

PRIVACY POLICY
Click here to review the Gdirect Privacy Policy.

No Commercial, Unlawful or Harmful Use of the Website

Terms and Conditions

In the purchasing of a listing and/or advertisement with Gdirect in the church's business directory, I ("Client") agree to the following terms and conditions:

The "Business with God" Pledge

I pledge to serve the Lord with all my heart and soul
I pledge to abide by integrity in business and to make my business a place of integrity
I pledge to be honest and follow business according to God's word
I pledge to promote honesty at all times
I pledge to treat others as I would like to be treated
I pledge superior quality in my business thorough the products and services I provide
I pledge to act at all times as one who is Christ like to my employees, patrons, partners, clients and customers
I pledge to act with compassion and patience with those who disagree with me and to seek Godly council for resolution before seeking legal counsel
I pledge to respect one another's differences and opinions with dignity and kindness
I pledge to treat my competitors with the same kindness and care I want from them, realizing it is better to become allies rather than enemies
I pledge to never promote products, materials and/or services that advertise any illegal activities, pornographic or sexually suggestive content, gaming or contending faiths

Advertising rates are subject to change without notice. Advertiser agrees to pay advertising rates and service charges established at the time advertisement is created. Rates do not include sales tax. Sale tax will be added to final amount. Advertising rates are "All Inclusive Rates". Advertisements cannot be segregated, separated or bifurcated. And advertiser must pay the total package rate. If Advertiser chooses segment or bifurcate advertising package, Gdirect will not refund segregated funds.

Publisher has established an "Open Enrollment" period as the time advertisers sign-up for advertisements in that year's to business directory. The actual "open Enrollment" dates will be published on the church business directory web site. It is the responsibility of the advertiser to sign-up for the advertising on the directory web site. In the event an advertising business does not complete their advertisement prior to the close of "Open Enrollment", the advertiser's printed advertisement will not be included in printed Directory. If a business chooses to advertise in the Directory after the "Open Enrollment" period closed, advertisement will occur in the on-line version. The annual price of advertisement, excluding any "one time premiums or charges" will be prorated based on number of days remaining until the next "Open Enrollment" period.

Gdirect will reject any and all business performing services, manufacturing for or promoting products for the following industries or affiliations:

Any illegal activities
Sexual or pornographic
Terrorism
Military Arms or Defense
Non Christian Social Chats or Forums
Governmental Agencies
Gaming or Gambling
Contending Faiths

Businesses that have purchased any Display Advertisement are eligible to purchase Business Advertisement for multiple industries.

Advertiser understands and agrees that prior to advertisement placement its content will be reviewed and approved by the church. Advertiser agrees and understands that the church may require Advertiser to modify its advertisement as a condition precedent to advertising in the business directory. Advertiser also agrees and understands that the church may require advertiser to participate in specific membership activities, including but not limited to, becoming a member of the church as a condition precedent to advertising in the business directory. Advertiser agrees to and will adhere to the conditions of the church.

Advertiser understands and agrees that priority placement in the printed business directory, with the exception of the placement of premium locations, is at the sole discretion of the Gdirect. Gdirect and the church reserve the right to refuse business to anyone.

Advertiser agrees to hold harmless Gdirect, its affiliates, the Church, their officers, directors, employees, agents', subcontractors and vendors for any and all actions or damages resulting from the performance of the agreement between Gdirect and Advertiser.

Advertiser agrees that the Church and/or Gdirect has not directly or indirectly warranted, endorsed, promoted and are not responsible for the performance, services, products, employees, sub-contractors and/or agents of the advertiser.

Advertiser, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Gdirect, its affiliates, the Church, their officers, directors, employees, agents' subcontractors and vendors from and against any claims, losses, damages, liabilities, including attorneys' fees and expenses, resulting from the advertisement, its content; any violation of privacy rights and/or infringement of copyrights; any federal, state or local laws relating to the advertiser's performance and/or performance of the materials; any breach by Advertiser with the terms of this agreement.

Dispute Resolution. The Parties are fully committed to working with each other and agree to communicate with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Gdirect and Advertiser each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions.

Gdirect and Advertiser each commit to adhere to the following biblical dispute resolution principals.

Overlook an offense. Where an offense is minor, one person deliberately and unilaterally decides to forgive the wrong and walks away from the conflict.
Dealing with an offense. Contact the parties involved directly. Personal offenses that are too serious to overlook should be resolved through confession or loving confrontation, leading to forgiveness and reconciliation.
Resolution of an offense. Negotiations dealing with the issue of money, property, or other rights should be resolved by using first a non-sanction mediator to reach a mutually agreeable settlement through an exchange of promises that are fair and acceptable to all parties involved. The parties agree that any claim, dispute or controversy arising out of or relating to this Agreement or the breach which has not been resolved by a non-sanctioned mediator, shall be submitted to biblically-based binding arbitration administered in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries and the Federal Arbitration Act. Judgment upon any arbitration decision may be entered in any court having jurisdiction. The Parties agree to waive their respective rights to trial by jury.

Advertiser agrees to incorporate the above Dispute Resolution process and contract language into their agreements with their clients, customers and vendors.

In the event, Advertiser has violated the Terms and Conditions of this Agreement; Gdirect will promptly notify Advisor by the issuance of a written Failure to Perform notice. Advertiser has 48 hours from receipt of "Failure to Perform" notice to correct violation. If Advertiser fails to correct violation within the stipulated time, Gdirect may cancel this agreement within 14 days and remove the Advertiser from the directory.