Terms And Conditions Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEBSITE. THE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

The information contained in this Website is solely for use for business and commercial purposes by residents of the United States, its territories, possessions and protectorates. If you access this Website from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.

These Terms and Conditions of Use (the “Terms”) govern your use of this website, http://www.gexproservices.com (“Website”). This Website is owned, operated, licensed or controlled by GS Operating, LLC dba Gexpro Services. For the purposes of these Terms, the term “Company” shall mean GS Operating, LLC or any of its subsidiaries, affiliates, or business units including but not limited to (i) National Engineered Fasteners, Inc., (ii) Resolux ApS, (iii) GX Pro Opus S. de R.L. de C.V, (iv) GS Operating Holding Hungary Kft, and (v) Gexpro Services. Any sales conducted via this Website shall be governed by Company’s Terms and Conditions of Sale located here , and are incorporated herein by reference, when applicable. Company’s Privacy Policy applies to our collection of your information through this Website or by other means, and is incorporated herein by reference. Please review the Privacy Policy to familiarize yourself with our privacy practices.

AGREEMENT TO TERMS AND CONDITIONS
By accessing, visiting and/or using this Website, you, the user, (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Website. Company may change these Terms at any time by posting the change to this Website. Please check these Terms periodically for changes. Your access or use of this Website after these Terms have been changed will mean that you agree to be bound by those changes. Your continued use of this Website will be subject to and governed by Company’s then-current terms. The date these Terms were last modified is set forth at the end of these Terms.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
Company takes claims of copyright infringement seriously, including claims under the Digital Millennium Copyright Act (“DMCA”). If you believe any Materials accessible on or from the Website infringer your copyright, you may request removal of those Materials by contacting our Designated Copyright Agent. Upon receipt of a notice that complies with the DMCA, Company will investigate notices of copyright infringement and take appropriate actions under the DMCA. Company reserves the right to remove infringing Materials and to terminate access to advertisers and others who are repeat infringers.

Your written notice should include the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Send any notice of claimed copyright infringement to our Designated Copyright Agent:

Austin Conner
Frost Brown Todd LLP
2101 Cedar Springs Rd., Suite 900
Dallas, Texas 75201
Telephone: 214.580.5849
Email: [email protected]

Please include the word “copyright” in the subject line for all claims of intellectual property infringement. You may also direct all other questions and comments to the Designated Copyright Agent.
SECURITY RULES
You are responsible for protecting the confidentiality of your account number, user name, and all passwords, and you agree to be responsible for all activities that occur under your account or password. You agree not to violate or attempt to violate the security of this Website, including without limitation, by (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to this Website without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; (g) reverse engineer, dissemble decompile or otherwise attempt to derive or gain access to any source code of the Website or our products or services, or (h) attempting to do any of the preceding. You agree not to use a false email address, or otherwise attempt to mislead Company or any other person about the origin of any transmission.
RESTRICTION ON USE OF MATERIALS
The materials that are included in or displayed on this Website, including without limitation images, illustrations, designs, catalog pages, documents, icons, photographs, video clips, text, logos, the HTML code for this Website, and other materials (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Company. Without Company’s prior written permission, you may not (a) use the Materials on any Third Party Website (as defined in Section 9), in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
TRADEMARKS AND SERVICE MARKS
By accessing this Website, you expressly acknowledge and agree that Company is the owner or proper licensee of the rights attached to the trademarks, corporate names, commercial names, signage and other intellectual property rights relating to and/or referenced on this Website. The absence of any reference relative to other trademarks, corporate names, commercial names or signage, whether they are registered or not, and which may be attached to certain terms or signs used on this Website does not imply, in any way whatsoever, that these trademarks, corporate names, commercial names, signage, terms or signs do not benefit from protection.

All other marks that appear throughout this Website belong to Company or to others and are protected by United States and international trademark and copyright laws. Any use of any marks appearing in this Website without the express written permission of Company is strictly prohibited. No right to use any intellectual property rights is granted herein.
ONLINE LIVE CHAT
“Live Chat” means an online chat function located on this Website (if applicable) in which visitors to this Website transmit requests and other information to representatives of Company. By using the Live Chat, you agree that you will comply with the rules, representations and warranties regarding transmission set forth in Sections 11 and 12 below. Visitors to the Live Chat will be solely responsible for the content of their messages.
NATURE OF INFORMATION
The information and other Materials contained on this Website has been collected and/or prepared by Company as a service to its visitors. While Company has used reasonable efforts to verify that the information and other Materials on this Website are useful to its visitors, Company does not warrant or guarantee its accuracy or timeliness.

Through this Website, Company offers its visitors the opportunity to learn about, and register for, training classes offered by Company. While Company will use its best efforts to provide the education, consulting and/or coaching described in the description of each class, Company cannot guarantee any particular outcomes. The information provided in each class is for general purposes only and may not be appropriate for all situations.
GENERAL DISCLAIMER OF WARRANTIES
All information and other Materials included in any page of this Website are provided “AS IS” and without warranties of any kind, either express or implied.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE AND NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE, ANY MATERIALS OR ANY SERVER(S) USED BY COMPANY ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, CORRECTNESS, ACCURACY, RELIABILITY OR TRUTHFULNESS OF THIS WEBSITE, ANY MATERIALS OR ANY SITES LINKED TO OR FROM THIS WEBSITE.

TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LINKING DISCLAIMERS AND WARNING
Company sells products manufactured by, and offers services provided by, third parties and other persons who provide goods and/or services, and this Website may include links to websites owned and operated by others (“Third Party Websites”). The Third Party Websites are generally created and owned by other parties and are the responsibility of those persons and not of Company. Consequently, Company cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any Third Party Websites and does not warrant that Third Party Websites will be available through the links provided. Although Company may periodically attempt to verify the accuracy of Third Party Websites, neither Company nor any of the Company Affiliates will be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the Third Party Websites. Just as when you purchase a product or service from persons or companies on the Internet, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in this Website and in any Third Party Websites. You bear all risk associated with the information in this Website, including all Third Party Websites, and your use of any such information is subject in all respects to these Terms. Company reserves the right to terminate any links to other sites without notice.
DOWNLOADS
You may request and receive from Company information created by Company or by a third party, in the form of an email attachment or electronic download. Company provides this information and other Materials as a service to its customers and is not responsible or liable for how that information interacts with your computer or software programs. Receipt of information from Company by email or electronic download constitutes a “use” of this Website for purposes of Section 11 below.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF DATA OR LOST PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, EVEN IF COMPANY OR A COMPANY AFFILIATE (AS DEFINED IN SECTION 18) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR AND CORRECTION. IN ADDITION, BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM ACCESSING OR USING THIS WEBSITE OR ANY MATERIALS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE COURSE OR PRODUCT GIVING RISE TO THE CLAIM; AND (B) $50.
TRANSMISSIONS
Company will treat all messages, materials, information or ideas (the “Transmission”) you transmit to this Website, including without limitation on any Live Chat, by any means, as non-confidential and non-proprietary, and Company may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. However, Company will handle all personal information provided to Company in the manner provided in Company’s Privacy Policy. By sending any Transmission to this Website, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult materials; (iii) contain any obscenities or materials that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; or (b) you will not impersonate another person. By sending any Transmission to this Website or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. In addition, you warrant that all “moral rights” in those Transmissions have been waived.
NO LICENSE
Except as expressly provided otherwise in these Terms, nothing in this Website, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.
MOBILE DEVICE ACCESS
To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices.
UNITED STATES GOVERNMENT RESTRICTED RIGHTS
The Materials on this Website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Company’s proprietary rights in them.
PRIVACY
It is Company’s policy to respect the privacy of all visitors to this Website. For more information about Company’s Privacy Policy, please refer to our Privacy Policy.
GOVERNING LAW
These Terms and all claims, disputes and controversies that may arise in connection with these Terms and this Website will be governed by the internal laws of the State of Texas without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or this Website be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.
ARBITRATION
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Company, its agents, employees, affiliates, successors and assigns (collectively, the “Company Affiliates”), relating to these Terms and/or this Website will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you (the user), and Company (and Company Affiliate when applicable). The arbitration will be conducted in Dallas, Texas, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
JURISDICTION
This Website is controlled and operated from Company’s offices within the State of Texas. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to this Website, including these Terms, will be the state and federal courts located in Dallas, Texas, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Dallas, Texas is an inconvenient forum.
HEADINGS
The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
ASSIGNMENT, WAIVER, AND SEVERABILITY
If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these terms and conditions and such deletion will not affect in any way the remaining provisions in these terms and conditions.

You may not assign these Terms without Company’s prior written consent and any purported assignment in violation of these Terms shall be void.

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
ENTIRE AGREEMENT
This is the entire agreement between you and Company relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Company or by the Company posting amended Terms to the Website as set forth in Section 1. These Terms apply to all uses of this Website unless you and Company have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
INDEMNIFICATION AND RELEASE
You agree to indemnify and hold harmless Company and its and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of any information obtained from the Website.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
NOTICES, QUESTIONS, COMMUNICATIONS
If you wish to contact Company, please direct all inquiries (except for claims of copyright infringement) to GS Operating, LLC, 9500 N Royal Lane, Suite 130, Irving, TX 75063. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.

LAST UPDATED: December 24, 2022

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