Last Updated: July 17, 2017
2. Registration. In order to use the Site, you may be required to complete an initial registration form and become an "Authorized User." As part of such registration process, you will be required to provide Providers with certain information about yourself, including personally identifiable information, (collectively, "User Information") which you represent and warrant will be current, accurate, and complete at the time of registration. Providers reserve the right, at their sole discretion, to reject any registration for any lawful reason. Registrants whose request for access is rejected may not use the Site, attempt to re-register without Providers' prior express consent, or re-register using another individual's information. All Authorized Users agree to promptly update their User Information as necessary to ensure that such information at all times remains current, accurate, and complete.
4. Fees. The Site is provided to you by the Providers without cost and for your convenience. If Providers elect to charge a fee in the future, Providers will do so in accordance and compliance with Section 5.
6. Capacity to Contract. Use of the Site may result in the formation of contracts between residents of different jurisdictions. In order to use the Site, you must have the legal capacity to contract under the laws of the jurisdiction from which you are accessing the Site. Minors (i.e., individuals younger than the age specified by the applicable jurisdiction's law at which they can enter into a legally binding contract) may not use the Site. By using the Site, you represent that you have the legal capacity or authorization to form binding contracts.
7. Consent to Electronic Transactions. Your affirmative actions in using the Site, such as clicking "I Accept", "Submit", "Yes" and the like, and/or down loading or up loading of data, signify that you agree to, adopt, and execute the action or electronic record with the intention to be legally bound. "Electronic records" refer to records or information created, generated, sent, communicated, received, presented, or stored electronically. Such affirmative actions will have the same legal force, effect, validity, and enforceability as if you affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law. You agree to transmit, view, and receive electronic records through the Site via the Internet using your Password. Our electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic, and enforceable copy of them. You agree not to contest the admissibility, legal effect, validity, or enforceability of such electronic signatures or electronic records in any proceedings arising out of the use of the Site. Further, you (a) acknowledge that, regardless of whether you are using a web browser with security features, we are unable to ensure that data contained in any related Internet transmission between us will not be intercepted by third parties, and (b) agree that Providers will not be liable should any such interception occur.
a. you may elect to receive the Documents in hard copy by withdrawing your consent to receive electronic communications by calling your account representative or by addressing a withdrawal request by email to your account representative. A withdrawal request will not become effective sooner than 15 days from the date that you provide Providers with requisite notice and you will remain responsible for all activity or transactions initiated prior to deactivation of your access privileges, including, without limitation, any applicable charges for the term during which the termination date occurred;
b. your withdrawal of consent to receive electronic communications may result in imposition of other conditions, as Providers determine are necessary, in their sole and reasonable discretion, including the imposition of charges to offset costs incurred by Providers in delivering written hard copy communications instead of electronic communications described herein. However, no such fees will be instituted unless published on the Site (or other commonly accessible website) for access and notice to users of such resources, or unless Providers otherwise provide you with written notice thereof. Notices by electronic publication will be deemed effective when posted or published on such site(s) for general dissemination, or upon such later time as the notice may indicate;
c. your consent to receive electronic communications specifically under this section is limited to content and data relating to the Documents, and does not apply to other notices or communications between you and Providers;
d. you may request a written copy of an electronic communication after consenting thereto, subject to: (i) your payment of the fees chargeable by Providers for producing and delivering such written hard copy; which Providers may determine and establish from time to time in their sole discretion and (ii) Provider's record retention policy in effect from time to time;
e. you are responsible to review electronic communications presented via the Site on a continuous basis; you are required to take any action to acknowledge, correct, or reply to electronic communications in a timely manner within such designated periods as may be established by Providers; and
f. all electronic communications provided through the Site will be deemed to have been received by you at such time as they are made available on the Site by Providers, regardless of whether and when you actually review such electronic communications.
9. Information Accuracy. You warrant that you will only submit and/or post information on the Site that is accurate and complete. Providers do not review, check, or verify the accuracy or completeness, and are not responsible for the content of, any information submitted to, transmitted through, and posted on the Site by any Authorized User.
10. User Conduct. You agree that you will not:
a. Use the Site in any manner that could damage, disable, overburden, or impair the Site.
b. Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, spoofing, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Providers reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.
c. Disrupt or interfere with any other person's use of the Site or affiliated or linked sites.
d. Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
e. Use or attempt to use another's account, service, or system without authorization from Providers.
f. Create or use a false identity on the Site.
g. Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
h. Use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site.
i. Allow access to or use of the Site or any component thereof by or for the benefit of third parties who are not Authorized Users, including, without limitation, providing timeshare services, service bureau services, outsourcing or consulting services, or displaying and/or demonstrating the Site or any content thereof, without Providers' prior written consent, or for any unlawful purpose or in furtherance of any unlawful purpose.
j. Upload or transmit to Providers' computer systems any computer virus, worm, time bomb, or other harmful programming routine.
k. Frame any of the content of the Site, nor incorporate into another Site or other service any intellectual property of Providers or their licensors.
12. Changes to or Suspension of Service. Providers reserve the right, at their sole discretion, to change, add, suspend, or discontinue any aspect of the Site at any time.
13. Disclaimer of Warranties; Limitation of Liability. (a) THIS SITE, THE SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICE, DOCUMENTATION, REPORTS, AND DATA IS PROVIDED BY PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE CONTENT, INFORMATION, MATERIALS, DOCUMENTATION, REPORTS, AND DATA INCLUDED ON OR OFFERED BY THIS SITE OR PROVIDED THROUGH THIS SITE OR OTHER MEANS SHOULD NOT BE QUOTED OR OTHERWISE REFERRED TO IN ANY FINANCIAL STATEMENTS OR IN ANY OTHER DOCUMENTS NOR SHOULD IT BE FURNISHED TO ANY GOVERNMENTAL AGENCY OR OTHER PERSON UNLESS REQUIRED BY LAW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, CLAIMS, OR REPRESENTATIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, NON-INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE WITH RESPECT TO THE OPERATION OF THIS SITE, SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICE, DOCUMENTATION, REPORTS, OR DATA INCLUDED ON OR OFFERED BY THIS SITE OR PROVIDED THROUGH THIS SITE OR OTHER MEANS. PROVIDERS AND THEIR RESPECTIVE AFFILIATES DO NOT WARRANT THAT: THIS SITE AND/OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICE, DOCUMENTATION, REPORTS, OR DATA INCLUDED ON OR OFFERED BY THIS SITE OR PROVIDED THROUGH THIS SITE OR OTHER MEANS WILL MEET YOUR NEEDS OR BE CORRECT, ACCURATE, TIMELY, RELIABLE, FREE FROM ERRORS; THAT DEFECTS WILL BE CORRECTED; THAT THE OPERATION OF THIS SITE OR SERVICE WILL BE UNINTERRUPTED OR AVAILABLE; AND/OR THAT THIS SITE, ITS SERVERS, OR ANY E-MAILS SENT FROM PROVIDERS OR THEIR RESPECTIVE AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE OFFERINGS, COMPONENTS, AND SERVICES OFFERED UNDER, BY, AND THROUGH THIS SITE AND/OR SERVICE. (b) PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT, INDEMNITY, CONTRIBUTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFITS OR SALES, INTERFERENCE OF COMMERCIAL RELATIONSHIP, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INACCURATE DISCLOSURE, OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE OR THE SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICE, DOCUMENTATION, REPORTS, OR DATA PROVIDED THROUGH THIS SITE OR OTHER MEANS INCLUDING, BUT NOT LIMITED TO, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT PROVIDERS ARE FOUND TO BE LIABILE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO U.S. $1000 (c) CERTAIN STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Release. If you have a dispute with one or more Authorised Users, you release Providers (including their respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
16. Confidentiality and Proprietary Rights.
a. Providers Information.
iv. Restrictions. You may not: (1) modify, adapt, translate or create derivative works based upon the Providers Property; (2) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to discover the source code of any of the Site's Software, or reduce such Software to a human readable form, or permit third parties to do so, or print or copy the HTML or other computer programs that are viewable at the Site; (3) resell, sublicense, publicly display, perform, distribute or publish the Providers Property, or any copy, except that you may distribute permitted copies as incidental to your business activities conducted on the Site; (4) remove, obscure, or alter any copyright notice, trademark, or other proprietary rights notices affixed to or contained within the Site and the products and services offered therein; (5) create any frames at any other Web sites pertaining to or using any of the information provided through the Site; or (6) incorporate any of the information made available by the Site in any other database or compilation, unless expressly permitted in writing.
b. User-Provided Information.
ii. Sharing User Information. Subject always to the provision of the Privacy Notice, Providers may provide to any vendor, distributor, or other third party any Provider obligor's financial, credit, or other information regarding such obligor that Providers may at any time possess, whether such information was supplied by Obligor to Providers or otherwise obtained by Providers.
iv. Limited License. Providers do not claim ownership of the materials you may provide to Providers (including documents, feedback and suggestions), or upload, input or submit to Providers. However, by uploading files, inputting information or otherwise communicating on, to or through the Site, you hereby grant to Providers a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable (with right to grant sublicenses through multiple sublicenses) license to use, copy, adapt, distribute, display, reproduce, transmit, modify and edit such materials, in all media now known or hereafter developed, on the Site and otherwise in accordance with the procedures outlined on the Site (including our Privacy Notice).
18. Third Party Sites. The Site may contain links and pointers to other Internet sites or resources. Links to and from the Site and other third party sites do not constitute an endorsement by Providers or any of their respective affiliates of any third party resources or their contents. Providers make no representation or warranty, and take no responsibility, for the accuracy, content, or any other aspect of these sites and disclaim any liability to you in connection with such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
19. Telecommunications Equipment and Charges. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Providers shall not be responsible for any communications line failure, equipment, or systems failure or other occurrence.
20. Compliance with Laws. You agree that you will comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof ("Laws") of the United States or any other jurisdiction, as the case may be, where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.
22. Service Levels. Providers do not guarantee the Site will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks, or servers, (ii) caused by any failures of your equipment, systems, or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond Providers' (or their respective affiliates') control such as strikes, riots, insurrection, fires, floods, explosions, war, attacks, governmental action, labor conditions, earthquake, natural disasters, or interruptions in Internet services to an area where Providers (or their respective affiliates) or your services are located or co-located.
24. For International Users Only. Access to the Site is intended primarily for Authorized Users located within the United States. PROVIDERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND THAT USE OF THE SITE OUTSIDE OF THE UNITED STATES IS LAWFUL OR PERMISSIBLE. Those who access the Site from other jurisdictions are responsible for their compliance with local laws, as further provided in Section 20 ("Compliance with Laws").
欢迎来到客户在线管理系统 ("COMS") 和它的所有组成部分，包括但不限于在线分析（统称 “网站”）。在您遵守该使用条款的前提下，GE Commercial Distribution Finance LLC包括其关联公司（统称 “供应商”）向您开通该网站。
3. 密码和安全。使用该网站可能需要用户名和密码（统称“密码”）。您将有机会根据网站上的指示 设定您的密码和网站访问管理员。您的管理员将承担相应的责任，包括但不限于：（i）为该网站的授权用户授予访问级别，设定角色，和设置安全级别、（ii）为授权用户创建密码、（iii）监控授权用户对该网站的使用、（iv）对违反使用条款的、角色和责任和/或安全级别发生变更的或不再受雇于您的授权用户终止对该网站的访问、（v）根据该使用条款向供应商支付与融资协议或其他协议项下的应付款项、（vi）向所有授权用户批露该使用条款，对其进行培训并保证其 遵守该使用条款。您同意在指定每一授权用户之前，向其告知他/她对于该网站的使用是受制于该使用条款的，并且只有遵从该使用条款，他/她才将能访问该网站。您应对您密码的安全性负责，并且同意采取一切合理的预防措施来保护所有密码的安全性和完整性，并且防止它们被越权使用。除非下文另有注明，您的密码不得与任何人分享。您将全权承担因授权用户的所有作为和不作为、或使用或误用密码而引起的一切行为后果，包括但不限于所有电子资金转账、所有下载、上传、信息和/或数据的显示及由您或任何第三方的电子记录和电子签名的传输。为免生疑问，您在本条下的责任不仅适用于您的个人密码及与它的使用和误用相关的一切行为，而且在适用的情况下，也适用于作为您的雇员或因其他原因受您控制的任何访问该网站的授权用户的密码。如果您发现任何未经授权的电子资金转账、未经授权使用您的密码和/或访问该网站、任何其他违反安全管理的行为或者您的密码丢失或被盗，您将立即书面通知供应商。该通知并不免除在供应商收到通知前所产生的您对该损失、盗窃、安全漏洞、未经授权使用您的密码和/或访问该网站应承担的责任。供应商的支持人员不时可能登陆该网站对服务产品进行维护或者改进，包括提供技术问题的援助。您特此承认并同意供应商的支持人员的访问。供应商有权但无义务自行决定访问您的密码。如果供应商判定您使用的密码不安全，供应商可自行决定，要求您更改密码和/或终止您访问该网站。
13. 特约条款的免责声明；责任范围。（a）该网站、软件、内容、信息、材料、服务、文档、报表、和数据都是由供应商基于“原样”和“可得到”的原则提供的。您明确同意自行承担使用该网站的风险。除非法律有规定，否则该网站上包含或提供的或通过该网站或其他方式提供的内容、信息、材料、文档、报表、和数据不能在任何财务报表或其他文件中被引用或提及，也不应该提供给任何政府机关或其他个人。在适用法律允许的范围内，供应商及其关联公司不提供任何形式的保证、断言、任何明示、默示或法定的陈述，包括但不限于对适销性、满足特定用途、质量、性能，非侵权的默示保证，及任何因该网站的运作、软件、内容、信息、材料、服务、文档、报表、或该网站包含或提供的或通过该网站或其他方式提供的数据操作有关的交易、履行或者贸易方面的担保。供应商及其关联公司不保证：该网站和/或该网站包含或提供的或通过该网站或其他方式提供的任何软件、内容、信息、材料、服务、文档、报表、或数据将满足您的需求，或者是正确的、准确的、及时的、可靠的、没有错误的；缺陷将被修正；该网站或服务的运行将是不间断的和可用的；和/或该网站、其服务器、或任何来自供应商或其关联公司的邮件都是没有病毒或其他有害程序的。上述除外责任和免责声明是该协议的重要部分，并且作为确定根据、通过、和贯穿该网站和/或服务提供的产品、组件、和服务的基础。（b）供应商对因使用或不能使用该网站或通过该网站或其它方式提供的软件、内容、信息、材料、服务、文档、报表或数据引起的损害，无论有关违反合同、侵权、赔偿、责任分担、商业机会的损失、销售或利润的损失、商业关系的中断、业务断险、信息丢失、错误的披或其他事项，概不承担任何法律上或衡平法下的赔偿责任（包括但不限于非直接的、第三者、偶然的、惩罚性的或间接的赔偿责任），即使供应商事先知晓其发生的可能性。尽管有上述规定，如果供应商应承担责任，供应商对您或对第三方的责任上限为1000美元 （c）如果有某州或某省的法律不允许对默示保证的限制或对损害赔偿责任的限制和排除且这些法律适用于您，上述部分或全部声明、除外条款、或者责任限制可能不适用于您，您可以有额外的权利。
ii. 所有权。为免生疑问，本节使用的条款“供应商”和/或“供应商财产”仅适用于GE Commercial Distribution Finance LLC和GE Commercial Distribution Finance Canada。供应商（或如适用，被许可人）保留所有在网站、内容、信息、材料、文档、报表或数据中发布、披露或公开的（1）版权 – 自己作为作者开发的作品，包括文字、图片或图形资料和计算机软件、代码和其他程序材料（“软件”）；（2）专利 – 任何有关工艺、运营方法、机械、生产或物体组合的发明、发现、创意、和非专有技术；（3）商标 – 注册的和未注册的商标、商号、服务标记和图标（包括但不限于通用电气字母组合）（合称“供应商财产”）上的权利、所有权和利益，包括但不限于版权、专利、商标、商业机密、及其他适用法律下同等的权利、及所有注册、申请、更新、续期、延期、延续、分类、再授予、或与上述权利相关的改进（合称“知识产权”）。除非该使用条款明文规定，网站访问者和授权用户不得，通过使用该网站或根据该使用条款或其他方式，取得供应商财产上的任何权利或第三方在网站上发布的、披露的或公开的任何知识产权。，
25. 一般条款。这些使用条款构成了您和供应商之间的全部协议。对于超出供应商合理控制范围外的网站服务的中断、迟延或障碍， 供应商部承担责任。我们可以将本使用条款下的权利和义务转让，而您不能。任何与您使用该网站或服务或者这些适用条款相关的法律诉讼必须在相关事由发生后一（1）年内提出。任何一方的任何权利的放弃都必须以书面形式，由放弃方签署，且该弃权不得视为放弃追究将来违反该适用条款行为。该使用条例所使用的语言应按公平的意义解释，不能作严格解释或偏袒任何一方的解释。如果因为某种原因，一个合法管辖权的法院发现任何该使用条款的规定或相关规定是不可执行的，该规定应该在最大允许范围内强制执行以便实现该使用条款的意图，该使用条款的剩余部分将继续有效。在本适用条款终止后，本使用条款的以下章节将仍然有效：13, 14, 15, 16, 23, 24, 25 , 26。