Effective Date:  02/05/2013

GENERAL DYNAMICS ESUPPLY NETWORK

TERMS AND CONDITIONS

This Web site is owned and operated by General Dynamics Corporation ("GD"). GD offers this site, and any software, services, information and material available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.  Your continued use of this site constitutes your agreement to all such terms, conditions, policies and notices.

Purpose of this Site

This site is operated for the purpose of providing information on the diverse products and services procured by GD, its subsidiaries and affiliates.

Your Use of this Site

As a condition for your continued use of this site, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions, policies and notices. You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password.

Accuracy, Completeness and Timeliness of Information on the Site

We are not responsible if information we make available on this site may not be true, complete or current. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information such as a request for information, quote or proposal. ANY RELIANCE ON THE MATERIALS ON THIS SITE WILL BE AT YOUR OWN RISK. This site may contain certain historical information.  Historical information is not necessarily current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time without notice to you or any other user.  You agree that it is your responsibility to monitor changes to the site.

Use of Materials from the Site

This site and all of its contents (including, but not limited to, software, files, graphics, text, and data) are the property of and owned by GD, it subsidiaries and affiliates, suppliers, or licensors and may be protected by copyright, trademark, and other laws of the United States and other countries. You may use the materials contained on this site as follows:

A.   Subject to these terms and conditions, you may display and electronically copy, download, and print hard copy versions of the materials contained on this site provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the materials you copy, download, or print.

B.   When you display, copy, download, or print any materials on or from this site, they are provided to you by GD, its subsidiaries and affiliates, suppliers, or licensors under a nonexclusive, limited license that is revocable. GD, its subsidiaries and affiliates, suppliers, or licensors retain full and complete title to the materials, all copies thereof, and to any and all of the associated intellectual property rights. 

C.   Any other use of the materials on this site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials (including, but not limited to, software, files, graphics, text and data), information, products or services obtained from this site, without the prior written permission of GD, is expressly prohibited.  Requests for permission to undertake any of these activities should be mailed to:

General Dynamics Corporation
2941 Fairview Park Drive
Falls Church, VA 22042

Attention:  Law Department

Materials You Submit

You acknowledge you are responsible for any submission you make, including the legality, reliability, appropriateness, and non-infringement of any such materials.  You may not upload, distribute, or otherwise publish through this site any content that:

1.    is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable,

2.    may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or

3.    may contain software viruses, bugs, worms, trojans, back doors, or any other disruptive coding, political campaigning, chain letters, mass mailings, or any form of "Spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.  You may not upload commercial content onto this site.

If you post content or submit material, and unless the content or material is marked "proprietary", you grant GD, its subsidiaries and affiliates, a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant GD, its subsidiaries and affiliates, the right to use the name you submit in connection with such content, if they choose. You represent and warrant you own or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any Web site policy or these terms and conditions or any existing agreement between you and a third party or any applicable laws, including but not limited to laws relating to copyright, trademark, trade secrets, fair competitive practices, commercial representations, and import/export control, and will not cause claims to arise from any person or entity; and that you will indemnify GD, its subsidiaries and affiliates, for all claims resulting from or related to content you supply. GD has the right, but not the obligation, to monitor, edit, or remove any activity or content at its sole discretion. GD, its subsidiaries and affiliates take no responsibility and assume no liability for any content posted by you or any third party related to you or on your behalf.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME WITHOUT INCURRING ANY OBLIGATION OR LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY. GD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND THIRD PARTY CONTENT PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS, INCLUDING CONTENT, ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION, INCLUDING CONTENT, ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS OR CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS OR CONTENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GD, ITS SUBSIDIAIRIES OR AFFILIATES OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  GD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND THIRD PARTY CONTENT PROVIDERS, DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS  OR CONTENT ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER GD NOR ANY OF ITS SUBSIDARIES, AFFILIATES, LICENSORS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.  THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, CONTENT OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

Indemnification

You agree to indemnify, defend, and hold harmless GD, its subsidiaries, affiliates, and their officers, directors, employees, contractors, agents, licensors, third party content providers, and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these terms and conditions or any activity related to your account or password (including but not limited to negligent or wrongful conduct), by you or any other person accessing the site using your account or password.  If you cause a technical disruption of this site or the systems transmitting this site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Trademarks and Copyrights

This site features trademarks, service marks, and logos that are the property of GD, its subsidiaries, affiliates, suppliers, third party content providers and licensors.  This site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.  All of the material, including content, on this site such as, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

General Dynamics Corporation
2941 Fairview Park Drive
Falls Church, VA 22042

Attention:  Law Department

 

The notification must include ALL of the following:

1.    a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2.    a description of the copyrighted work you claim has been infringed;

3.    a description of where the material you claim is infringing is located on the site;

4.    your address, telephone number, email address and all other information reasonably sufficient to permit GD to contact you;

5.    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; and

6.    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 behalf of the owner of an exclusive right that is allegedly infringed.

Termination of Privileges

GD reserves the right to terminate your privilege of using all or any portion of this site, including all of your privileges or accounts you may have established in connection with this site, at any time and without notice to you if, in its sole judgment, you breach any of these terms and conditions. GD, its subsidiaries and affiliates, shall incur no liability or obligation to you or to any third party as a result of or relating to the termination of your privileges.

Changes to These Terms and Conditions

GD reserves the right to make changes to these terms and conditions at any time by posting the revised terms and conditions on this site.  It is your responsibility to check periodically for any changes we may make to these terms and conditions.  By continuing to use this site, you are agreeing to all changes made by GD.

Jurisdiction

This site is controlled and operated by GD from its principal offices in the Commonwealth of Virginia. The laws of the Commonwealth of Virginia and the United States of America govern these terms and conditions and your use of this site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Virginia for any action to enforce these terms and conditions. We recognize it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the Commonwealth of Virginia and the United States. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.  If your use of this site is contrary to the laws of the place where you are when you access it, then this site is not intended for you and we ask you not to use it. You may not use or export materials on this site in violation of United States export laws and regulations or the laws of other countries that may apply to such materials. This Web site is not intended to subject GD, its subsidiaries or affiliates, to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America except as otherwise specifically provided in these terms and conditions.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.  These terms and conditions constitute the entire agreement and understanding between you and GD with respect to use of this site and the material and content provided therein, superseding all prior or contemporaneous communications.  A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings based on or relating to use of this  site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these terms and conditions or this site, please write us at:

General Dynamics Corporation
2941 Fairview Park Drive
Falls Church, VA 22042

Attention: Law Department