Use Prohibited by Users Under 18
THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD AND BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. FURTHER, THIS SITE IS A BUSINESS – TO – BUSINESS WEBSITE; THIS SITE IS NOT FOR INDIVIDUAL CONSUMER TRANSACTIONS.
Use of the Site by Residents Outside of the United States
Compliance with Laws.
Site User Suggestions
You acknowledge and agree that any suggestions, comments, ideas, feedback, recommendations, notes, drawings, concepts, prototypes or other information disclosed or submitted to us by you through the Site, or in response to solicitations from us to you on the Site, and any intellectual property associated therewith, including without limitation, any patents, copyrights or trademarks, are owned by GAR (collectively, “User Suggestions”). You hereby assign all right, title and interest in and to the User Suggestions to GAR without any compensation to you. GAR shall at all times have the right to use, distribute and publish the User Suggestions worldwide, in perpetuity and through any manner or means, now known or later developed as GAR may determine. No User Suggestions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially.
We reserve the right to terminate access to any user who does not abide by this Agreement. Your privilege to use or access the Site may be terminated by GAR immediately and without notice if you fail to comply with any provision of this Agreement, or otherwise. Upon such termination, you must immediately cease accessing or using the Site. Furthermore, you acknowledge that GAR reserves the right to take action – technical, legal or otherwise – to block or deny you from accessing the Site. You understand that GAR may exercise this right in its sole discretion.
Third Party Content on the Site
We are a distributor and not a publisher of the content supplied by third parties the Site (collectively, “Third Party Content”). Third Party Content available through the Site represents the opinions and judgments of the respective party, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than one of our authorized personnel or employees. Under no circumstances shall we, or our affiliates, or our or our affiliates’ officers, directors, shareholders, members, managers, employees, personnel, agents, representatives, information providers, subcontractors or licensors, be liable for any loss or damage caused by your reliance on any Third Party Content or other information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site, and use of and reliance on same is solely at your own risk.
Copyright and Trademarks
©2017 GAR PRODUCTS. ALL RIGHTS RESERVED. Text, User Suggestions, images, graphics and HTML code are protected by U.S. and international copyright laws, where applicable.
Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.
All information, content, and data including, without limitation, Marks, designs, photographs, text, graphics and pictures, and their format, arrangement and selection (collectively, the Site Content”) on the Site is owned by GAR and its third party providers, with all rights reserved. GAR and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with GAR or obtaining GAR’s express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.
Licenses and Permissions
GAR, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your right to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. GAR accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), GAR has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to GAR in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement, as follows:
Customer Service Manager at: GAR Products, 170 Lehigh Ave Lakewood, NJ 08701,
Toll free number: 1-800-424-2477; Fax: 732-370-5021
Email: [email protected]
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
iii. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Disclaimer of Warranties and Limitation of Liability
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND CARRIES NO WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE, AND THE SITE CONTENT IS AT YOUR SOLE RISK. YOU ALSO ACKNOWLEDGE AND AGREE THAT GAR IS NOT RESPONSIBLE FOR, NOR DOES IT CONTROL, ENDORSE OR VERIFY, ANY CONTENT POSTED TO THE SITE.
GAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY OF ANY SERVICES OR CONTENT, TIMELINESS OF THE SITE OR THE RESULTS TO BE OBTAINED FROM USING THE SITE, AND THE SITE CONTENT. GAR DOES NOT WARRANT THAT THE SITE OR THE SERVICES ON THE SITE ARE SECURE AND FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS OR OTHER LIMITATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, GAR AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL GAR OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT. IN THE EVENT THAT GAR AND/OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE SITE CONTENT, IN NO EVENT SHALL GAR’S AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES’ AGGREGATE LIABILITY TO ANY SITE USER EXCEED TEN DOLLARS ($10.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.
Links to the Site
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
GOVERNING LAW; JURISDICTION; JURY WAIVER
ALL RIGHTS YOU MAY HAVE TO A JURY TRIAL.
Notices; Contact Information