Terms of Use
Web Site Terms of Use
Welcome to Cell-UR-Safe’s “GetPocketShield.com” dba GPS (GPS) web site (the “Web Site”) controlled and
operated by GPS, LLC. GPS provides and makes available this Web Site subject to the following terms of use
("Terms"). These Terms explain a contractual agreement between you ("user," "you," "your") and GPS regarding
your use of this Web Site. You should print a copy of these Terms for your records. Please note, however, that GPS
may update and amend these Terms from time to time as GPS deems necessary in its sole discretion.
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE
The primary goal of this Web Site is to provide you with access to information about GPS's businesses, facilities,
services, products, and related links to meet your needs with respect to these businesses, facilities, services and
products (the " Content"). These Terms are meant to protect all of the visitors to and users of this Web Site, and your
access to and use of this Web Site signifies your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU
DO NOT AGREE WITH THESE TERMS. GPS reserves the right, in its sole discretion, to modify, alter or otherwise
update these Terms, or to change or delete any features of this Web Site, at any time. Such modifications,
alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such
modified, altered and updated Terms if you access or use this Web Site after GPS has posted notice of such
modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR
UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS
OR UPDATES HAVE BEEN POSTED.
This Web Site will permit you to link to many other web sites that may or may not be affiliated with this Web Site
and/or with GPS. Section 7 below contains additional information about these other linked web sites. These other
linked web sites, including the web sites of GPS's affiliated companies, as well as the web sites of GPS's third party
content providers, merchants, business partners, sponsors and licensors (collectively the " Providers"), may have
different terms of use that are not the same as these Terms. Your access to and use of such linked web sites
through links provided on this Web Site are not governed by these Terms but, instead, are governed by the terms of
use and policies of those web sites, and GPS disclaims any and all responsibility for your access to and use of such
linked web sites.
You should note that these Terms contain additional disclaimers and limitations on GPS's liability, which can be found
in Sections 9 and 10 below. Please read these carefully and make sure that you understand them before continuing
with your use of this Web Site.
2. PRIVACY
Registration data and certain other information about you that you may submit or provide to GPS through this Web
Site is subject to GPS's Privacy Policy. For more information about GPS's use and protection of your information,
please review GPS's Internet Privacy Policy.
3. USE OF THIS WEB SITE & INTELLECTUAL PROPERTY RIGHTS
GPS controls and (either itself and/or through its third party hosts) operates this Web Site. All Content on this Web
Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software,
headers, icons, scripts, audio clips, and video clips, is the property of GPS or its Providers, and is protected by
copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to
Panamanian, Mexican, United States and international copyright laws and treaty provisions, privacy and publicity
laws, and communication regulations and statutes). The Content is owned and controlled by GPS, its affiliated or
related entities, or the Providers that have licensed or otherwise made available their content or the right to market
their products and/or services to GPS. Content on this Web Site or any web site owned, operated, licensed or
controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that
is likely to cause confusion among GPS's customers, other users of this Web Site, or the general public. You agree
to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
You may download or make a single copy of any Content contained on this Web Site solely for your personal, non-
commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in
or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish,
upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of GPS or the Providers.
You may request consent by faxing a request to
GPS General Counsel
C/o Get Pocket Shield –
95507 Diamondhead West
Diamondhead, MS 39525
ph: 706-717-0591
fax: 225-208-1097
Your modification of the Content, use of the Content on any other linked Web site or networked computer
environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior
written consent of GPS or the Providers, violates the intellectual property rights and proprietary rights of the Content
owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other
proprietary information or intellectual property appearing on this Web Site, including, but not limited to, any logos,
images or characters, and also including any meta tags or similar code or hidden text or elements containing such
information or property, without the express written consent of the owner of the mark or copyright. You may not frame
any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual
property of GPS, or otherwise incorporate into another Web site any of the Content or other materials on this Web
Site, without GPS's express prior written consent. You may not deep link to any page of portions of this Web Site
without GPS's prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home
page of this Web Site provided that you do not make or attribute to GPS, its affiliated or related entities or Providers
any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any
logos, graphics or trademarks of GPS, its affiliated or related entities or Providers without GPS's express prior written
consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties
under Panamanian and/or international copyright and trademark laws. You recognize that any reproduction or use of
Content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized
by these Terms, is considered intentional Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this Web Site in a way that constitutes copyright
infringement, please provide GPS's Agent for Notification of Claims of Copyright Infringement the information
specified below.
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Web Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest;
Written notification containing the information set forth above must be submitted to the following Agent for Notice of
Claims of Copyright Infringement:
C/o Get Pocket Shield –
95507 Diamondhead West
Diamondhead, MS 39525
ph: 706-717-0591
fax: 225-208-1097
4. USER'S RESPONSIBILITIES
You warrant and represent to GPS that you will not use this Web Site for any purpose that is unlawful, illegal or
prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or
knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous,
inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or
messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of
these Terms, your permission to use this Web Site immediately terminates without the necessity of any notice. GPS,
at its sole discretion, retains the right to deny access to this Web Site to anyone for any reason, including for
violation of these Terms. Some of these types of violations are more fully described below in Section 5.
You are solely responsible for the content, accuracy and your use of your Information, and GPS merely acts as a
passive conduit for your online distribution and publication of your Information. As used in these Terms, " Information"
means any information or data that you submit to or through this Web Site and any information or data that is
generated by this Web Site as a result of your use of or access to this Web Site. Certain special rules and
restrictions may apply to your Personally Identifiable Information. For more information regarding these special rules
and restrictions please review GPS's Internet Privacy Policy.
In the event that you are provided with user identification numbers or codes (collectively, " ID's"), confirmation
numbers, and/or passwords (as applicable) in the use of this Web Site, you shall maintain such user ID's,
confirmation numbers, and/or passwords in confidence, and you agree not to distribute or disclose the same to third
parties. It is your responsibility to notify GPS if GPS needs to change or discontinue any of your ID's, confirmation
numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation
number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is or may be
subject to theft, unauthorized use or access, or a breach of confidentiality. GPS may suspend or terminate your
service or access to this Web Site if it believes that such theft, use, access or breach, or any other breach of these
Terms, has occurred.
You agree that any Information that you provide will be true, accurate, current and complete. If you provide any
Information that is untrue, inaccurate, not current or incomplete (or GPS has reasonable grounds to suspect that
such Information is untrue, inaccurate, not current or incomplete), GPS has the right to suspend or terminate your
access and activity relating to, and to refuse any and all current or future use of, this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this
Web Site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for,
the Web Site's infrastructure or resources, including, but not limited to, sending or promoting the distribution of
"spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or
passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or
otherwise allow or facilitate others to gain access to GPS's information technology systems, environments, networks,
files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access GPS's information technology systems, environments, networks, files, data or
accounts to which express authorization has not been obtained (including access to data not intended for You), or
log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML
code comprising or in any way making up a part of this Web Site;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an
unauthorized manner, the use or operation of this Web Site or GPS's, its affiliated or related entities' or the
Providers' systems, equipment or applications, or service to any user, host, or network, including by use of any
programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or
otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service
or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any Content
or services provided at this Web Site;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the
security of any system, network, or account, associated or used in conjunction with this Web Site;
(g) upload, post, email or otherwise transmit any Information, Content, or proprietary rights that you do not have a
right to transmit under the Terms, or under any law or other contractual or fiduciary relationship; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search,
monitor or copy GPS's Web Site pages or the Content in violation of the Terms or without GPS's prior written
permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft
Internet Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information you elect to post to publicly accessible areas of the Web Site, you agree that GPS has
the right to use, reproduce, copy, modify, publish, distribute, perform and display such Information (in whole or part)
on worldwide basis; provided that such use is in accordance with the terms of GPS's Internet Privacy Policy. Be
aware that:
1. You may only contribute photos 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.
2. You warrant that you have permission from all persons appearing in your photos for you to make this contribution
and grant rights described herein.
3. You may not contribute photos that contain expressions of hate, abuse, offensive images or conduct, obscenity or
pornography or any material that could give rise to any civil or criminal liability under applicable law or
regulations.
4. You may 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 website.
7. LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to third-party or Provider Web sites not under GPS's control or operation (the "
Linked Sites"). The links will let you leave this Web Site and be directed to and access the Linked Sites, which you
access at your own risk. You acknowledge that GPS provides the Linked Sites for your convenience and information
only. GPS does not endorse, nor is it responsible for, any content, information, or other related materials, products
or services found at any such Linked Sites or any links contained within such Linked Sites, whether or not GPS is
affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to GPS's
express written consent, you may not establish a hyperlink to this Web Site from your web site or the Linked Sites, or
provide any links that state or imply any sponsorship or endorsement of your web site or the Linked Sites by GPS or
the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through
this Web Site or any Linked Sites, including payment for and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings, are solely between you and such
advertisers. You agree that GPS (and its affiliated or related entities and the Providers) shall neither be responsible
nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence
of such advertisers on or through this Web Site or the Linked Sites.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER
THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION, GPS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
NEITHER GPS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN
THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE
FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS
WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. GPS DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
GPS IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT THIS WEB SITE.
GPS HAS NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC
LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER
INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES OR PROVIDERS (INCLUDING IN THE
LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND
CONTENT.
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT GPS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR
CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL GPS, ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS, NOR ANY OF ITS OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN
THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEB SITE, BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING
UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY,
REGARDLESS OF WHETHER GPS (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
GPS'S LIABILITY, AND THE LIABILITY OF GPS'S AFFILIATED OR RELATED ENTITIES AND/OR PROVIDERS, TO
YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF
PURCHASE, IF ANY, YOU PAY TO GPS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
OR (B) $100. SOME STATES MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU.
BY WAY OF EXAMPLE ONLY, GPS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF
CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT GPS IS NOT LIABLE OR RESPONSIBLE FOR ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE
LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF
LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF GPS AND THE PROVIDERS, AND TO ALL
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
11. GOVERNING LAW AND JURISDICTION
GPS operates this Web Site (excluding Linked Sites, over which it has no authority or control) from its offices within
Mississippi, USA (which may be subject to change from time to time at GPS's sole discretion). The Web Site can be
accessed from all 50 states, as well as from countries around the world. As each of these places has laws that may
differ from those of Mississippi, by accessing this Web Site, you agree that these Terms and your use of the Web
Site shall be governed in all respect by the internal substantive laws of the State of Mississippi, USA, without regard
to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International
Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts
located in Mississippi in the USA for all disputes, cases and controversies regarding this Web Site, your use of this
Web Site, and your relationship with GPS. GPS makes no representation that materials on this Web Site are
appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is
prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
12. INDEMNIFICATION
GPS reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government
or law enforcement agencies. You agree to indemnify, defend and hold GPS and the Providers, its and their officers,
directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any
and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees)
resulting from your use of this Web Site, your breach of any provision of these Terms and/or any negligent acts,
omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on GPS: (a) notifying you
in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in
the defense or settlement thereof; and (c) allowing you to control such defense or settlement. GPS shall be entitled
to participate in such defense at its own cost and expense.
13. MESSAGE BOARDS
In the event that GPS provides message boards, web logs or blogs, or discussion forums on this Web Site (the "
Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not,
without GPS's express approval, distribute or otherwise publish any material containing any solicitation of funds,
advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished
without compensation to you or any other person or entity. In addition, you warrant that all moral rights in any
uploaded materials have been waived. While GPS does not and cannot review every message posted by you or any
other user in the Forums, and although GPS is not responsible for these messages, GPS reserves the right (but not
the obligation) to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene,
in violation of copyright or trademark laws, in violation of these terms, or otherwise unacceptable. GPS does not
endorse any information that may be posted on this Web Site through the Forums. You agree that you must
evaluate, and bear all risks associated with, the use of any messages, information, or Content associated with the
Forums, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or
Content. In this regard, you acknowledge that you may not rely on any Content GPS creates or information
submitted to GPS by third parties, including without limitation, information in the Forums, and in all other parts of this
Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of GPS and the Providers, its and their officers, directors, employees, affiliated or
related entities, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert
and enforce these Terms directly against you on its (or their own) behalf. GPS's failure to act with respect to a
breach by you or others does not waive GPS's right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
You and GPS are dealing at arms' length, creating a commercial relationship. GPS is not your Agent or your
fiduciary. Many of GPS's businesses and facilities may be independently owned and operated by independent
franchisees and licensees. In such cases, these franchisees and licensees manage and operate the facilities, and
they are the employers of all employees and contractors who work at the facilities. These franchisees are
independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire
Agreement between GPS (including the Providers), its affiliated or related entities, and You, and supersede any prior
agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these
Terms and any future published terms of use or understanding, the last published Terms shall prevail.
Web Site Terms of Use
Welcome to Cell-UR-Safe’s “GetPocketShield.com” dba GPS (GPS) web site (the “Web Site”) controlled and
operated by GPS, LLC. GPS provides and makes available this Web Site subject to the following terms of use
("Terms"). These Terms explain a contractual agreement between you ("user," "you," "your") and GPS regarding
your use of this Web Site. You should print a copy of these Terms for your records. Please note, however, that GPS
may update and amend these Terms from time to time as GPS deems necessary in its sole discretion.
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE
The primary goal of this Web Site is to provide you with access to information about GPS's businesses, facilities,
services, products, and related links to meet your needs with respect to these businesses, facilities, services and
products (the " Content"). These Terms are meant to protect all of the visitors to and users of this Web Site, and your
access to and use of this Web Site signifies your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU
DO NOT AGREE WITH THESE TERMS. GPS reserves the right, in its sole discretion, to modify, alter or otherwise
update these Terms, or to change or delete any features of this Web Site, at any time. Such modifications,
alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such
modified, altered and updated Terms if you access or use this Web Site after GPS has posted notice of such
modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR
UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS
OR UPDATES HAVE BEEN POSTED.
This Web Site will permit you to link to many other web sites that may or may not be affiliated with this Web Site
and/or with GPS. Section 7 below contains additional information about these other linked web sites. These other
linked web sites, including the web sites of GPS's affiliated companies, as well as the web sites of GPS's third party
content providers, merchants, business partners, sponsors and licensors (collectively the " Providers"), may have
different terms of use that are not the same as these Terms. Your access to and use of such linked web sites
through links provided on this Web Site are not governed by these Terms but, instead, are governed by the terms of
use and policies of those web sites, and GPS disclaims any and all responsibility for your access to and use of such
linked web sites.
You should note that these Terms contain additional disclaimers and limitations on GPS's liability, which can be found
in Sections 9 and 10 below. Please read these carefully and make sure that you understand them before continuing
with your use of this Web Site.
2. PRIVACY
Registration data and certain other information about you that you may submit or provide to GPS through this Web
Site is subject to GPS's Privacy Policy. For more information about GPS's use and protection of your information,
please review GPS's Internet Privacy Policy.
3. USE OF THIS WEB SITE & INTELLECTUAL PROPERTY RIGHTS
GPS controls and (either itself and/or through its third party hosts) operates this Web Site. All Content on this Web
Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software,
headers, icons, scripts, audio clips, and video clips, is the property of GPS or its Providers, and is protected by
copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to
Panamanian, Mexican, United States and international copyright laws and treaty provisions, privacy and publicity
laws, and communication regulations and statutes). The Content is owned and controlled by GPS, its affiliated or
related entities, or the Providers that have licensed or otherwise made available their content or the right to market
their products and/or services to GPS. Content on this Web Site or any web site owned, operated, licensed or
controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that
is likely to cause confusion among GPS's customers, other users of this Web Site, or the general public. You agree
to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
You may download or make a single copy of any Content contained on this Web Site solely for your personal, non-
commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in
or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish,
upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of GPS or the Providers.
You may request consent by faxing a request to
GPS General Counsel
C/o Get Pocket Shield –
95507 Diamondhead West
Diamondhead, MS 39525
ph: 706-717-0591
fax: 225-208-1097
Your modification of the Content, use of the Content on any other linked Web site or networked computer
environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior
written consent of GPS or the Providers, violates the intellectual property rights and proprietary rights of the Content
owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other
proprietary information or intellectual property appearing on this Web Site, including, but not limited to, any logos,
images or characters, and also including any meta tags or similar code or hidden text or elements containing such
information or property, without the express written consent of the owner of the mark or copyright. You may not frame
any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual
property of GPS, or otherwise incorporate into another Web site any of the Content or other materials on this Web
Site, without GPS's express prior written consent. You may not deep link to any page of portions of this Web Site
without GPS's prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home
page of this Web Site provided that you do not make or attribute to GPS, its affiliated or related entities or Providers
any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any
logos, graphics or trademarks of GPS, its affiliated or related entities or Providers without GPS's express prior written
consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties
under Panamanian and/or international copyright and trademark laws. You recognize that any reproduction or use of
Content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized
by these Terms, is considered intentional Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this Web Site in a way that constitutes copyright
infringement, please provide GPS's Agent for Notification of Claims of Copyright Infringement the information
specified below.
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Web Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest;
Written notification containing the information set forth above must be submitted to the following Agent for Notice of
Claims of Copyright Infringement:
C/o Get Pocket Shield –
95507 Diamondhead West
Diamondhead, MS 39525
ph: 706-717-0591
fax: 225-208-1097
4. USER'S RESPONSIBILITIES
You warrant and represent to GPS that you will not use this Web Site for any purpose that is unlawful, illegal or
prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or
knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous,
inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or
messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of
these Terms, your permission to use this Web Site immediately terminates without the necessity of any notice. GPS,
at its sole discretion, retains the right to deny access to this Web Site to anyone for any reason, including for
violation of these Terms. Some of these types of violations are more fully described below in Section 5.
You are solely responsible for the content, accuracy and your use of your Information, and GPS merely acts as a
passive conduit for your online distribution and publication of your Information. As used in these Terms, " Information"
means any information or data that you submit to or through this Web Site and any information or data that is
generated by this Web Site as a result of your use of or access to this Web Site. Certain special rules and
restrictions may apply to your Personally Identifiable Information. For more information regarding these special rules
and restrictions please review GPS's Internet Privacy Policy.
In the event that you are provided with user identification numbers or codes (collectively, " ID's"), confirmation
numbers, and/or passwords (as applicable) in the use of this Web Site, you shall maintain such user ID's,
confirmation numbers, and/or passwords in confidence, and you agree not to distribute or disclose the same to third
parties. It is your responsibility to notify GPS if GPS needs to change or discontinue any of your ID's, confirmation
numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation
number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is or may be
subject to theft, unauthorized use or access, or a breach of confidentiality. GPS may suspend or terminate your
service or access to this Web Site if it believes that such theft, use, access or breach, or any other breach of these
Terms, has occurred.
You agree that any Information that you provide will be true, accurate, current and complete. If you provide any
Information that is untrue, inaccurate, not current or incomplete (or GPS has reasonable grounds to suspect that
such Information is untrue, inaccurate, not current or incomplete), GPS has the right to suspend or terminate your
access and activity relating to, and to refuse any and all current or future use of, this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this
Web Site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for,
the Web Site's infrastructure or resources, including, but not limited to, sending or promoting the distribution of
"spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or
passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or
otherwise allow or facilitate others to gain access to GPS's information technology systems, environments, networks,
files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access GPS's information technology systems, environments, networks, files, data or
accounts to which express authorization has not been obtained (including access to data not intended for You), or
log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML
code comprising or in any way making up a part of this Web Site;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an
unauthorized manner, the use or operation of this Web Site or GPS's, its affiliated or related entities' or the
Providers' systems, equipment or applications, or service to any user, host, or network, including by use of any
programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or
otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service
or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any Content
or services provided at this Web Site;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the
security of any system, network, or account, associated or used in conjunction with this Web Site;
(g) upload, post, email or otherwise transmit any Information, Content, or proprietary rights that you do not have a
right to transmit under the Terms, or under any law or other contractual or fiduciary relationship; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search,
monitor or copy GPS's Web Site pages or the Content in violation of the Terms or without GPS's prior written
permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft
Internet Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information you elect to post to publicly accessible areas of the Web Site, you agree that GPS has
the right to use, reproduce, copy, modify, publish, distribute, perform and display such Information (in whole or part)
on worldwide basis; provided that such use is in accordance with the terms of GPS's Internet Privacy Policy. Be
aware that:
1. You may only contribute photos 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.
2. You warrant that you have permission from all persons appearing in your photos for you to make this contribution
and grant rights described herein.
3. You may not contribute photos that contain expressions of hate, abuse, offensive images or conduct, obscenity or
pornography or any material that could give rise to any civil or criminal liability under applicable law or
regulations.
4. You may 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 website.
7. LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to third-party or Provider Web sites not under GPS's control or operation (the "
Linked Sites"). The links will let you leave this Web Site and be directed to and access the Linked Sites, which you
access at your own risk. You acknowledge that GPS provides the Linked Sites for your convenience and information
only. GPS does not endorse, nor is it responsible for, any content, information, or other related materials, products
or services found at any such Linked Sites or any links contained within such Linked Sites, whether or not GPS is
affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to GPS's
express written consent, you may not establish a hyperlink to this Web Site from your web site or the Linked Sites, or
provide any links that state or imply any sponsorship or endorsement of your web site or the Linked Sites by GPS or
the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through
this Web Site or any Linked Sites, including payment for and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings, are solely between you and such
advertisers. You agree that GPS (and its affiliated or related entities and the Providers) shall neither be responsible
nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence
of such advertisers on or through this Web Site or the Linked Sites.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER
THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION, GPS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
NEITHER GPS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN
THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE
FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS
WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. GPS DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
GPS IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT THIS WEB SITE.
GPS HAS NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC
LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER
INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES OR PROVIDERS (INCLUDING IN THE
LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND
CONTENT.
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT GPS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR
CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL GPS, ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS, NOR ANY OF ITS OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN
THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEB SITE, BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING
UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY,
REGARDLESS OF WHETHER GPS (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
GPS'S LIABILITY, AND THE LIABILITY OF GPS'S AFFILIATED OR RELATED ENTITIES AND/OR PROVIDERS, TO
YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF
PURCHASE, IF ANY, YOU PAY TO GPS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
OR (B) $100. SOME STATES MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU.
BY WAY OF EXAMPLE ONLY, GPS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF
CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT GPS IS NOT LIABLE OR RESPONSIBLE FOR ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE
LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF
LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF GPS AND THE PROVIDERS, AND TO ALL
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
11. GOVERNING LAW AND JURISDICTION
GPS operates this Web Site (excluding Linked Sites, over which it has no authority or control) from its offices within
Mississippi, USA (which may be subject to change from time to time at GPS's sole discretion). The Web Site can be
accessed from all 50 states, as well as from countries around the world. As each of these places has laws that may
differ from those of Mississippi, by accessing this Web Site, you agree that these Terms and your use of the Web
Site shall be governed in all respect by the internal substantive laws of the State of Mississippi, USA, without regard
to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International
Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts
located in Mississippi in the USA for all disputes, cases and controversies regarding this Web Site, your use of this
Web Site, and your relationship with GPS. GPS makes no representation that materials on this Web Site are
appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is
prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
12. INDEMNIFICATION
GPS reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government
or law enforcement agencies. You agree to indemnify, defend and hold GPS and the Providers, its and their officers,
directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any
and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees)
resulting from your use of this Web Site, your breach of any provision of these Terms and/or any negligent acts,
omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on GPS: (a) notifying you
in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in
the defense or settlement thereof; and (c) allowing you to control such defense or settlement. GPS shall be entitled
to participate in such defense at its own cost and expense.
13. MESSAGE BOARDS
In the event that GPS provides message boards, web logs or blogs, or discussion forums on this Web Site (the "
Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not,
without GPS's express approval, distribute or otherwise publish any material containing any solicitation of funds,
advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished
without compensation to you or any other person or entity. In addition, you warrant that all moral rights in any
uploaded materials have been waived. While GPS does not and cannot review every message posted by you or any
other user in the Forums, and although GPS is not responsible for these messages, GPS reserves the right (but not
the obligation) to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene,
in violation of copyright or trademark laws, in violation of these terms, or otherwise unacceptable. GPS does not
endorse any information that may be posted on this Web Site through the Forums. You agree that you must
evaluate, and bear all risks associated with, the use of any messages, information, or Content associated with the
Forums, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or
Content. In this regard, you acknowledge that you may not rely on any Content GPS creates or information
submitted to GPS by third parties, including without limitation, information in the Forums, and in all other parts of this
Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of GPS and the Providers, its and their officers, directors, employees, affiliated or
related entities, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert
and enforce these Terms directly against you on its (or their own) behalf. GPS's failure to act with respect to a
breach by you or others does not waive GPS's right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
You and GPS are dealing at arms' length, creating a commercial relationship. GPS is not your Agent or your
fiduciary. Many of GPS's businesses and facilities may be independently owned and operated by independent
franchisees and licensees. In such cases, these franchisees and licensees manage and operate the facilities, and
they are the employers of all employees and contractors who work at the facilities. These franchisees are
independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire
Agreement between GPS (including the Providers), its affiliated or related entities, and You, and supersede any prior
agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these
Terms and any future published terms of use or understanding, the last published Terms shall prevail.
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