PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Web page details the terms of the Agreement (the "Terms of Use") between the person or entity accessing the GDR website (www.globaldebtregistry.com, hereafter referred to as the "Website") ("you" and "your") and Global Debt Registry, LLC ("GDR"). By accessing the Website you acknowledge that you have read and understood these Terms of Use and agree to be bound by them. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet, and to the activities involved in using this Website.
If you do not agree to be bound by Terms of Use, then do not access or use this Website.
1. Users and Uses
This Website is intended to be used only by commercial sellers and purchasers of portfolios of distressed debt for purposes of registering the ownership of debt portfolios ("Debt Portfolios" of "Portfolios"), establishing title for Debt Portfolios, recording the sale of Debt Portfolios and facilitating the distribution of documentation (statements, applications, TOU's, etc.) supporting accounts in a portfolio ("Media") to the current owner of a debt account ("Account"), all of which is collectively referred to as the "Permitted Use". Any other use is not intended or permitted by GDR, and is considered "Unauthorized Use".
You may view, download, and print content from the Website for a Permitted Use subject to the following conditions: (a) visitors to the site who are not customers may not access portions of the site that are restricted to customers only, even if a customer provides its user name and password to visitor; (b) the content may be used solely for the purpose of understanding the goods and services provided by GDR; and (c) the Website and any Content (as defined below) may not be modified or altered in any way by you, whether online (i.e., as displayed on the URL for the Website) or after you download it. You may not copy, reproduce, republish, modify, create derivative works from, distribute or otherwise use any content or material from the Website other than as explicitly permitted by these Terms of Use.
You may not do any of the following without the express written consent of GDR: (a) frame or utilize framing techniques to enclose any Content or Intellectual Property (as defined below) on the Website; (b) use any metatags or any other "hidden text" utilizing GDR's name or Intellectual Property, whether on your web site or in any other manner, or; (c) use any GDR Intellectual Property as part of a link to the Website.
You agree not to use any robot, spider, scraper or other fully or partially automated means to access the Website or any portion of GDR's network for any purpose, including (but not limited to) "screen scraping" or "database scraping" or other data aggregation. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (c) bypass any measures we may use to prevent or restrict access to the Website.
You do not acquire any ownership rights to any Content in the Website. Any Unauthorized Use terminates the permission or license granted by GDR to you regarding this Website under these Terms of Use.
2. Situs
You shall comply with all federal laws and laws of the State of Missouri applicable to this Website ("Governing Law"). If you choose to visit this Website from other jurisdictions which may limit or prohibit access to this Website or its contents, you do so at your own risk. You are solely responsible for compliance with your local laws.
3. Venue & Jurisdiction
Claims against GDR for or arising from this Website, use of this Website, the information content, material, goods and services available through this Website and any purchases or transactions conducted with GDR ("Claims") are governed by applicable federal law and the laws of the State of Missouri ("Governing Law"). You hereby unconditionally, voluntarily, and irrevocably: (a) consent to the application of Governing Law to all Claims, and (b) consent and submit to the exclusive jurisdiction of the Missouri Circuit Court for the 13th Judicial Circuit at Fulton, Missouri or the United States District Court for the Western District of Missouri (as applicable under prevailing Missouri and United States law concerning subject matter jurisdiction) for any Claims. .
4. Privacy
The terms of our Privacy Policy (www.globaldebtregistry.com) are incorporated herein by reference. Without limitation, the Privacy Policy provides details the manner in which nonpublic personal information which must be protected under applicable federal, state or local law and contractual or industry requirements ("Confidential Information") is used by GDR, and whether and how you and other users of this Website are permitted to access or use Confidential Information.
5. Change of Terms
We reserve the right to change the Terms of Use at any time. We will send you notification to the most current email address provided by you 45 days prior to any changes in the Terms of Use. Your continued use of this Website after the posting of the changes to the Terms of Use indicates your acceptance of the changes.
6. Alteration of Website
GDR may change, suspend or discontinue any feature, aspect, product, good or service available through this Website at any time. GDR may alter the availability of any feature of this Website or service related to any feature of this Website at any time.
GDR may add, remove or modify any content of this Website, including that of third parties, at any time.
7. Limitation on Usage
GDR may limit or deny your access to any part of this Website without notice to you. GDR may terminate your use of its Website at any time.
8. Visitor On-Line Conduct
9. Links To and From Other Web Pages
These Terms of Use apply to GDR's Website only. They do not apply to other parties' web sites even if you accessed them from links on GDR's Web site. Similarly, the terms and conditions of any web site you have visited prior to arriving at GDR's Website do not apply to GDR's Website, even if you navigated to GDR's Website from a link on another web site.
Links to or from another web site are not, and should not be implied to be, an endorsement, authorization, sponsorship, or affiliation by GDR of any third party, their products and/or services. You are responsible for complying with applicable terms of use, privacy policies and related terms for such third party sites.
10. Copyright, Trademark and Intellectual Property
GDR and its licensors retain all rights in any information, content and material of any kind that is hosted on the Website and is owned by or licensed to GDR ("Content"). Notwithstanding the previous sentence, the ownership in, and rights to, any Confidential Information or other registry information provided to GDR shall be subject to the terms of the applicable Participation Agreement between GDR and any user or supplier of such registry information. You have no rights to access such Confidential Information or other registry information unless you have signed a Participation Agreement with GDR.
All Content, including but not limited to the Website design, text, drawings, photographs, urls, graphics, sound recordings and video recordings are protected by copyrights owned by GDR or its licensors. The Content may not be reverse engineered, decompiled, modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, licensed or sold in any form, in whole or in part, without the prior written consent of GDR or (if licensed to GDR) the respective copyright owner.
GDR grants you permission to download the Content on this Website solely for your Permitted Use only. If you display, copy, distribute, print and/or download the Content on this Website then you may not modify Content and you must retain all copyright and other proprietary notices contained in the Content.
If you been granted permission to use Content by GDR for purposes other than Permitted Use, the following notice must be prominently displayed with the legend "©Copyright GDR, all rights reserved; used by express permission."
The permission granted herein terminates automatically if you breach these terms or conditions. Upon termination of such permission, you must immediately destroy all Content you displayed, copied, distributed, printed and/or downloaded.
GDR's Content ,or any trademarks, product names, company names, service marks or otherwise protected property (collectively, "Intellectual Property") displayed on the Website may not be used with any service or product that is not that of GDR, or in any manner that has not been authorized in writing by GDR. Intellectual Property may not be used in any manner that is likely to cause confusion concerning GDR products or services. Any trademarks, product names, company names, service marks or otherwise protected property displayed on this Website that are not owned by GDR are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.
You may not use Content in any manner that disparages GDR or tends to place it in a false light.
The Content on this Website is the exclusive property of GDR and is protected by U.S. and international Copyright laws and treaties.
You may not mirror Content contained in this Website on any other web site or server.
11. Digital Millennium Copyright Act
GDR, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material. You agree to indemnify GDR for any expenses incurred by GDR as a result of actions taken by you which are in violation of this section of the Terms of Use.
GDR, pursuant to the Digital Millennium Copyright Act, designates our Compliance office to receive complaints and notices of suspected copyright infringements. Our Compliance Administrator can be reached via e-mail at compliance@globaldebtregistry.com and by regular mail at 503 E. Nifong, Suite 308, Columbia, MO 65201.
If you have a good faith belief that your copyright has been infringed by any Content or Intellectual Property on this Website, then please notify our Compliance Administrator using the e-mail address or physical address noted above.]. Your notice must include, in writing, the following information:
1. a statement that you have a good faith belief that your copyright has been infringed and that the disputed use was not authorized by either the copyright owner the agent of the copyright owner or by operation of law (e.g. fair use);
;
2. a description of the copyrighted work that you believe has been infringed;
3. a description of the location of the allegedly infringing material that is specific enough to enable it to be located by GDR;
4. your name, address, telephone number and e-mail address; and
5. a statement, made under penalty of perjury, that your notice of copyright infringement is accurate and that you are either the copyright owner or are a person authorized to act on behalf of the copyright owner.
Your notice of copyright infringement must contain either the electronic or physical signature of either the copyright owner or a person authorized to act on behalf of the copyright owner.
12. DISCLAIMERS
We provide the Website "as-is," "with all faults" and "as available." GDR and its affiliates, resellers, distributors and vendors (collectively, the "GDR parties") disclaim all guarantees or warranties respecting the Website and the Content, any Confidential Information or any information provided by any user of this Website (whether the participant is a seller of Debt Portfolios, a buyer of Debt Portfolios and/or a buyer of Media), including (but not limited to) any warranty of accuracy, non-infringement, merchantability or fitness for a particular purpose. We do not guarantee the accuracy or timeliness of information available from the Website unless otherwise provided for in this Website or by written statement provided to you by an authorized officer of GDR.
GDR provides all information (including Confidential Information) in the same condition as it was provided to GDR, subject to any flaws, inconsistencies and errors that existed when it was provided..
And, any warranties, guarantees or conditions which are offered by any participants of the Website are exclusively the warranties, guarantees or conditions of the person or entity that offers them, and not of GDR.
You agree that you will not include GDR as a party in any dispute which arises from warranties, guarantees or conditions made by another party participating in any GDR services.
13. LIMITATION OF LIABILITY
GDR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THIS WEBSITE. IN NO EVENT SHALL GDR'S TOTAL LIABILITY TO YOU FOR ALL OTHER DAMAGES (REGARDLESS OF THE NUMBER OF CLAIMS, INCIDENTS, SUITS OR PROCEEDINGS) EXCEED THE AMOUNT YOU HAVE PAID GDR FOR THE SERVICES IN THE FIRST YEAR IN WHICH SUCH CLAIM, INCIDENT, SUIT OR PROCEEDING FIRST AROSE OR THE SUM OF $1,000, WHICHEVER IS MORE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGE IS PROHIBITED, GDR'S LIABILITY FOR SUCH DAMAGES IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
14. Indemnity
You agree to defend, indemnify, and hold harmless GDR, its employees, attorneys, and agents ("Indemnified Persons") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnified Persons may incur for suits, claims actions or proceedings by third parties against the Indemnified Persons for or arising out of your breach of violation of these Terms of Use. If you fail to defend an Indemnified Person as provided herein after reasonable notice of an Indemnified Claim, you will be bound:
· to indemnify and reimburse the Indemnified Person for any losses incurred by any Indemnified Person, in its sole discretion, to defend, settle or compromise the Indemnified Claim; and
· by the determination of facts common to an action and subsequent action to enforce the Indemnified Person's reimbursement rights against you.
15. Severability
A court may hold that we cannot enforce a part of this contract as written. If this happens, then GDR will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between GDR and us regarding use of the Website for a Permitted Use. It supersedes any prior contract or statements regarding your use of the Website. The section titles in the contract do not limit the other terms of this contract.
Headquarters
Global Debt Registry, LLC
2 Mill Road, Suite 100-A
Wilmington, DE 19806
302.442.6218
Operations Center
Global Debt Registry, LLC
3901 South Providence Road, Suite D
Columbia, MO 65203
866.660.2341