NetService. NetService ("NetService") is offered to authorized users (collectively, "Users"), including you, in connection with a corporate or business account program (the "Program") that your company (the "Company") has established with either American Express Travel Related Services Company, Inc. ("Amex") or GE Capital Financial Inc. ("GECF"). Net Service will allow you to perform account inquiries and maintenance online, and to see information which has or will appear on your monthly account billing statements. NetService is not intended as a substitute for the monthly billing statement and should not be relied upon as such. Your use of NetService is subject to these Terms of Service and the terms of your Company's Program Agreement and/or the governing cardholder agreement.
Password and Access to NetService. You will need to select a user name and password to access NetService. You may not share the user name or password with any individual or entity; they are confidential and are solely for your use. Your access to NetService may immediately be terminated as a result of any breach or suspected breach of this restriction. You are responsible for all use of NetService accessed through your user name and password. Please notify your Company's program administrator and either Amex or GECF immediately if you suspect or know that any other individual or entity has gained access to your user name or password. NetService involves transmission of account information over the Internet. Accordingly, despite your selection of a user name and password, and industry-customary security measures that Amex and GECF have implemented to protect the privacy of transmitted information, Amex and GECF cannot and do not guarantee that all information transmitted via NetService will be fully protected from unauthorized access or security breaches, and will not be liable for damages relating to unauthorized disclosure.
Intellectual Property Rights. NetService and all text, software (including source and object codes), visual, oral or digital material, advice, counseling, information, data and other content of any description included in NetService (collectively, the "Content") are protected by worldwide copyright laws and treaty provisions, and republication and redistribution of NetService and the Content are expressly prohibited. All Content, and all worldwide copyrights, trade marks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and other rights in or relating to the Content (collectively, the "Intellectual Property") are owned or licensed by either Amex or GECF. You may only use NetService and the Intellectual Property in connection with the Company's business purposes.
Amex/GECF Discretion. Amex or GECF (depending on which one your Company has established the Program with) may terminate, change, suspend or discontinue any aspect of NetService, including the availability of any features therein, at any time. Amex or GECF may impose limits on certain features and services or restrict access to parts or all of NetService. Amex or GECF may deny access to NetService to any User or other individual or entity at any time for any reason. Amex and GECF reserve the right to delay updating, or to refuse to update, any transmitted information or other material that they deem, in their sole discretion, to be in violation of these Terms of Service or to be unacceptable for any other reason (such as suspected unauthorized access or fraud). Amex and GECF reserve the right to fully cooperate with government agencies, law enforcement authorities and in legal proceedings requiring them to disclose the identity of Users.
User-provided Information. Amex and GECF may retain any information and other material provided by Users, and may use such information for any purpose reasonably related to NetService, including without limitation the creation of derivative works and the development of general demographic data. Amex and GECF are also entitled to accept as authentic any information that is accompanied by the appropriate password and user name, without further investigation of the source, and to rely on all information transmitted by any User as accurate.
Modification. Amex or GECF (depending on which one your Company has established the Program with) may change these Terms of Service at any time and may change, suspend or impose conditions on use of NetService. Such modifications shall be effective when posted by either Amex or GECF. Your continued use of NetService after the posting of any modification to these Terms of Service shall constitute your acceptance thereof.
Limitation of Liability. Neither Amex, GECF, nor any of their licensors or suppliers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or other damages arising out of or related to NetService, the Intellectual Property or third party materials therein, including, without limitation, relating to computer viruses; your use or inability to use NetService; any error, inaccuracy, omission or defect in NetService or the Content; losses of any kind from the failed operation of NetService; or any unauthorized access, theft or breach of security with respect to any data, material or other information stored on NetService. YOU UNDERSTAND THAT IF YOU ARE DISSATISFIED WITH NETSERVICE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING NETSERVICE.
Disclaimer. Amex and GECF may provide links and pointers to Internet sites maintained by third parties. Neither Amex nor GECF operate or control in any respect any data, material, information, products or services of such third party sites. NetService may contain inaccuracies and typographical errors. Neither Amex nor GECF warrant or make any representation that NetService will be error-free or uninterrupted, that defects will be corrected or that NetService will be free of viruses or other harmful components. Neither Amex nor GECF warrant or make any representation regarding the results obtained as a result of your use of the materials in NetService or in any third party site, including, but not limited to, accuracy, timeliness or responsiveness of such results. NETSERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESSED OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMEX AND GECF DISCLAIM ALL WARRANTIES (EITHER EXPRESSED OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Choice of Law. NetService is operated and administered from within the United States of America. Neither Amex nor GECF make any representation that NetService is appropriate or available for use at other locations outside of the United States, and access to NetService from territories where NetService or the Content is illegal is prohibited. These Terms of Service will be governed by the laws of the State of New York, without regard to any provision of New York law that would require or permit the application of the substantive law of any other jurisdiction.
Acceptance of Terms. YOU CONFIRM YOUR AGREEMENT TO USE NETSERVICE AND ACCESS THE CONTENT, ON YOUR OWN BEHALF, AND IF YOU ARE AUTHORIZED TO AGREE ON BEHALF OF YOUR COMPANY, ALSO ON THE COMPANY'S BEHALF, SUBJECT TO THESE TERMS OF SERVICE BY CLICKING THE "I ACCEPT" BUTTON BELOW. The features available with Netservice do not supercede or replace the rights and obligations of Amex, GECF, the Company or the User, under the Program Agreement and/or the governing cardholder agreement.