Who we are
This privacy policy is to make visitors to our web site located at www.garproducts.com (the “Site”) aware of GAR Products (“GAR” or “we”) practices regarding the information we gather and receive from you when you visit the Site
Binding Agreement; Changes
Any user who accesses all or any part of the Site agrees that he/she is at least eighteen (18) years old and has agreed to this Privacy Policy. Each time a user accesses the Site, the Privacy Policy should be reviewed because GAR reserves the right to change this Privacy Policy from time to time.
By visiting and using our Site, you and your company expressly consent to and agree to the terms and conditions of this Privacy Policy, including our use and disclosure of your information in accordance with this Privacy Policy and our Terms of Use. If you do not agree, then please do not use our Site to access our products and/or services. Further, as a visitor to our Site, you are also bound by the Terms of Use and this Privacy Policy – regardless of whether or not your company purchases products or services from us. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE OUR SITE.
Use of the Site by Residents Outside of the United States
We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use from outside the United States nor do we represent that this Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
Information Collected
Through the Site, GAR collects personally-identifiable information to the extent reasonably necessary for legitimate business purposes, including responding to your requests for information regarding our products and registering to receive materials and/or quotes for our products.
PLEASE NOTE: When you register with us, please provide ONLY your business email. WE DO NOT WANT YOUR PERSONAL EMAIL INFORMATION. This Site and our products and services are not intended for individuals’ personal use.
Registration Information: includes your name, company name, company address, company telephone number, company email address, or other limited personally-identifiable information. Our Site is hosted by a third party. The third party stores an encrypted version of the password you select to access the Site. We do NOT gather personal telephone numbers, home addresses or other similar information. PLEASE DO NOT PROVIDE SUCH INFORMATION TO GAR.
PLEASE FURTHER NOTE: If you chose to register with us to receive information about products and/or to receive a quote, we will store your email address, your company name and the password you create when registering with us. We encourage you to use different passwords for each of your accounts. While we use reasonable measures intended to protect this information, we cannot guarantee that this information may not be compromised. For this reason, we again suggest that, when registering on our Site, you do not use the same password that you may use for other accounts. We also recommend that you use strong passwords (combinations of letters, characters and numbers), and that you change your passwords periodically.
Non-personally identifiable information. We collect non-personally identifiable information from you through our Site, which we track and store, such as the use of the Site, namely when and how many times you and other persons from your company use, access or download information from and/or through our Site.
We may also collect certain non-personally identifiable information from your and your browser, including domain names, IP addresses, browser information, operating system information, or the particular pages and links that users access, utilize or visit on the Site.
Changes to Your Information: To update your contact information, please contact us at service@garproducts.com or by mail at GAR Products, 170 Lehigh Avenue, Lakewood, New Jersey 08701, Attention Customer Service Manager.
Suggested text: Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
How the Information is Used
GAR may use your information to provide services to you or provide information and notices that GAR believes you may find interesting or useful, including responses to your e-mails. GAR may also use your information to notify you of product support issues and product updates, changes in Site features, and to facilitate communications between you and our business partners. Registration information is also needed to access our more advanced Site features.
GAR may also use the information for confirmation of registrations or other actions you take on our Site. In addition, users can specifically opt-in by sending an email to service@garproducts.com to receive GAR’s product catalog.
We may use ‘cookies’ to enhance your online experience with the Site. A ‘cookie’ is a small file that your Web browser will place on your hard drive or device. It allows us to remember you and keep track of your preferences and passwords (if you enter the same as a registrant to our Site). Use of cookies allows us to deliver content specific to your interests and to save your password so you don’t have to re-enter it each time you visit our Site. You can set your browser to reject cookies; however, this may affect your use of our Site.
Use of Analytics Technology
We use Google Analytics to enhance navigation and functionality of the Site, and to let us know how users are using the Site, so that we can make Site improvements, where necessary. Google Analytics uses “cookies” (as described above) and “web beacons” which are typically images used to pass information from your computer to a website or server. The information about your usage of the Site collected through cookies and web beacons is transmitted to and stored on Google’s servers.
You may prevent Google Analytics from collecting information by installing the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) running on websites to prohibit sending information to Google Analytics. To opt-out of analytics for the Site, visit the Google Analytics opt-out page and install the add-on for your browser.
You may also opt out of the use of cookies (and web beacons when used in connection with cookies) by configuring your own browser settings directly to handle cookies. If you elect to opt out of cookies and web beacons, it may affect your ability to use the Site.
OPT OUT: After registering on our Site, you may at any time thereafter choose to opt out of any such distributions by sending by certified mail to GAR a written opt out election to the attention of Customer Service Manager at 170 Lehigh Ave Lakewood, NJ 08701 or by emailing us at service@garproducts.com. Please note that if you opt-out of receiving correspondence from us, it may take up to ten (10) days to process this request.
Your company may remove your credentials from our Site if you are no longer employed by the company. We assume no liability for your company’s removal of your credentials.
SPECIAL NOTICE – California Residents Privacy Rights
Opt-In
If you are a California resident, to receive phone calls, emails, and other such distributions from GAR, please email us at service@garproducts.com to receive such correspondence or phone calls and specify, when prompted, your email address and phone number to which such information should be directed, or send by certified mail, a written opt-in election to the attention of our Customer Service Manager, GAR Products, 170 Lehigh Ave. Lakewood, NJ 08701.
Opt-Out
If such California residents object to receiving phone calls, emails, and other such distributions from GAR, or if they do not wish for GAR to distribute your personally identifiable information, please email our Customer Service Manager with the header “opt out” at service@garproducts.com, or send by certified mail, a written opt out election to the attention of our Customer Service Manager at: GAR Products, 170 Lehigh Ave Lakewood, NJ 08701. Please note that it may take us up to 10 days to process this request.
California Residents – Your Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personally identifiable information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personally-identifiable information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. All requests in writing for this information should be sent to the attention of our Customer Service Manager by sending an email to: service@garproducts.com, or by writing to our Customer Service Manager at: GAR Products, 170 Lehigh Avenue, Lakewood, New Jersey 08701. NOTE: GAR Products does not disclose your personally identifiable information to third parties for direct marketing purposes.
GAR Products has chosen to provide you with a cost-free means to opt-out of such sharing, which you can accomplish by using the opt-out link above, or by sending a written opt out election to the attention of our Customer Service Manager at: GAR Products, 170 Lehigh Ave Lakewood, NJ 08701
California Do Not Track Disclosures
We do not track Site users to provide targeted advertising, and therefore, we do not respond to Do Not Track (or DNT) signals. GAR Products reserves the right to add such capability to its Site at any time in the future and will notify Site visitors of this change in capability through an update to this Privacy Policy.
Aggregated Information
GAR may share or disclose non-personally identifiable information, whether aggregated or otherwise, with third parties.
External Distribution of Personally Identifiable Information and of Confidential Information
Subject to the following paragraphs, GAR does not “externally distribute” personally-identifiable information that is provided by our Site users, except if a user specifically authorizes or opts-in that certain of his/her personally identifiable information may be distributed to a third party.
Distribution/Onward Transfer to Third Parties of Personally Identifiable Information
Transferring personally-identifiable information in connection with the following limited distributions is considered an onward transfer to third parties and is permitted under this Privacy Policy:
Third parties may be engaged by us to perform a variety of services and functions, including providing technical and hosting services for our Site. These third parties may have access to your personally-identifiable information if necessary to perform such services and functions; however, they are only authorized to use such personal information for the purpose of performing such services and functions, and are not authorized by us to use your personally-identifiable information for any other purpose. In addition, GAR may transfer your personally-identifiable information in connection with the sale of GAR’s assets, or a sale of any of its products or services, or in connection with a merger, reorganization or acquisition of GAR.
We may also disclose user personal information to third parties if we reasonably believe that the law requires it, or that disclosure is necessary to protect our rights, or the rights of another user or person, or to prevent harm. We reserve the right to disclose any personal information as reasonably necessary, in our judgment, to protect GAR or its assets or to comply with law or with appropriate requests or directions made by law enforcement, government agencies or any court.
Links
THE SITE MAY CONTAIN LINKS TO FACILITATE USER ACCESS TO EXTERNAL OR THIRD PARTY SITES, NONE OF WHICH ARE CONTROLLED OR OFFERED BY GAR. THEREFORE, THIRD PARTY SITES LINKED FROM OUR SITE ARE NOT SUBJECT TO THIS PRIVACY POLICY. YOU ARE RESPONSIBLE FOR REVIEWING THE PRIVACY POLICIES OF ANY LINKED THIRD PARTY SITES TO DETERMINE HOW YOUR PERSONAL INFORMATION WILL BE COLLECTED, UTILIZED, AND PROTECTED BY SUCH THIRD PARTY SITES. GAR IS NOT RESPONSIBLE FOR ANY CONTENT, FEATURES, OR ACTIVITIES OF ANY LINKED THIRD PARTY SITES (INCLUDING THEIR PRIVACY PRACTICES), AND GAR DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY FOR THE CONTENTS, FEATURES, AND ACTIVITIES, AND THE COLLECTION AND USE OF PERSONAL INFORMATION BY SUCH THIRD PARTY SITES.
BY ACCESSING THE SITE, YOU AGREE THAT ANY DISPUTE WITH RESPECT TO PRIVACY OR THIS PRIVACY POLICY IS SUBJECT TO THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS OF THE SITE, INCLUDING THAT THE GOVERNING LAW WITH RESPECT TO ANY DISPUTE IS NEW JERSEY, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PROVISIONS. YOU AGREE THAT IN THE EVENT OF ANY DISPUTE OR CLAIM WITH RESPECT TO THIS PRIVACY POLICY OR ANY PRIVACY ISSUES, THE SOLE AND EXCLUSIVE JURISDICTION FOR BRINGING ANY SUCH ACTION SHALL BE IN THE STATE OF NEW JERSEY AND YOU WAIVE ANY CLAIM OF INCONVENIENT FORUM. YOU ALSO WAIVE ANY AND ALL RIGHTS YOU MAY HAVE TO A JURY TRIAL.
Disclaimers
GAR does not guarantee or warrant that the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL GAR, ITS OFFICERS, DIRECTORS AND/OR EMPLOYEES 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, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORT ACTIONS, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM WITH RESPECT TO A USER’S PRIVACY, THIS PRIVACY POLICY OR A VIOLATION OF THIS PRIVACY POLICY.
Security
GAR uses reasonable safeguards to protect the security, integrity and privacy of personally-identifiable information provided to GAR by you. We also use reasonable measures to protect your information by requiring that all our personnel and employees who have access to or are associated with the processing of your data respect your confidentiality. However, you must carefully consider what information you share with us, as we cannot guarantee that we will be able to block all attempted attacks upon the Site.
ALTHOUGH GAR USES REASONABLE SECURITY PRACTICES WITH RESPECT TO YOUR PERSONALLY IDENTIFIABLE INFORMATION COLLECTED FROM AND STORED ON OUR SERVERS, GAR CANNOT GUARANTEE THAT ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION STORED ON OUR SERVERS WILL BE FREE FROM UNAUTHORIZED ACCESS. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, GAR DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ANY LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION STORED ON OUR SERVERS, OR TRANSMITTED TO OR FROM OUR PORTAL WHEN YOU ACCESS OUR SITE, OUR PROPRIETARY PRODUCTS AND DATABASE OR DOWNLOAD IMAGES THEREFROM.
Note also that 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 our Site.
REMEMBER: WE DO NOT ASK FOR, NOR DO WE WANT TO RECEIVE FROM YOU, YOUR PERSONAL CONTACT INFORMATION. WE ASK THAT YOU LIMIT THE INFORMATION THAT YOU PROVIDE TO US TO YOUR COMPANY’S INFORMATION (AS TO COMPANY NAME, COMPANY EMAIL AND COMPANY ADDRESS).
Access, Review and Correction Regarding Information
Users can, by e-mailing our Customer Service Manager at: service@garproducts.com, by calling our Customer Service Manager at: 1-800-424-2477, or by writing to our Customer Service Manager at: GAR Products, 170 Lehigh Ave Lakewood, NJ 08701, access, review and correct the personally identifiable information that has been collected from them.
General
This Privacy Policy and the Terms of Use of the Site constitute the entire agreement between you and GAR Products regarding the use of the Site, the Site Content and the User Content. If any provision of this Privacy Policy and the Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. GAR Product’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.
Notices; Contact Information
The Site is operated by GAR Products, 170 Lehigh Ave Lakewood, NJ 08701. All questions regarding the Site, this Privacy Policy or the Terms of Use shall be directed to our Customer Service Manager by email at: service@garproducts.com, by calling at: 1-800-424-2477, or by writing to our Customer Service Manager at: GAR Products, 170 Lehigh Ave Lakewood, NJ 08701.
Effective Date
This Privacy Policy is effective as of 4 18, 2024.
Terms + Conditions
Welcome to the www.garproducts.com website (the “Site”). These Terms of Use (“Terms of Use” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions that will govern your use of the Site offered by GAR Products (“GAR,” “we,” “us” or “our”).
Binding Agreement
By accessing all or any part of this Site, or the services offered on the Site, you agree to be bound by these Terms of Use and the Privacy Policy posted on this Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR VIEW THIS SITE.
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
We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. WE DO NOT SEEK NOR DO WE KNOWLINGLY COLLECT INFORMATION ABOUT RESIDENTS FROM COUNTRIES OTHER THAN THE UNITED STATES. IF YOU PROVIDE TO US INFORMATION ABOUT YOURSELF AND YOU ARE NOT A RESIDENT OF THE UNITED STATES, IN SO PROVIDING THAT INFORMATION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU THEREBY AFFIRMATIVELY CONSENT TO OUR RECEIPT, COLLECTION, STORAGE AND ONWARD TRANSFER OF THAT INFORMATION IN THE SAME MANNER THAT WE HANDLE INFORMATION REGARDING UNITED STATES CITIZENS.
Compliance with Laws
You will comply with all laws that apply or may apply to your use of or activities on the Site and any rules for conduct on the Site or use of specific features and/or services offered hereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.
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.
Monitoring
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.
GAR’s Rights
We may disclose any of your User Suggestions, submissions, or electronic communications of any kind and any information you provide to us or our affiliates through the Site (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, other users of the Site, and/or our affiliates.
Copyright and Trademarks
©2024 GAR PRODUCTS. ALL RIGHTS RESERVED. Text, User Suggestions, images, graphics and HTML code are protected by U.S. and international copyright laws, where applicable.
GAR Products, and all trademarks, service marks, logos, trade dress and trade names (collectively, the “Marks”), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of GAR, and are protected under federal and international trademark laws. Nothing contained on the Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of GAR or that of the respective owner(s).
GAR reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Terms of Use grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).
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
Not withstanding the foregoing Section, we grant you a limited license and permission to access and make use of the Site to learn about our products for your business. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld in our sole discretion.
Infringement Policy
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: service@garproducts.com
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
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. ANY DISPUTE WITH RESPECT TO THE SITE, THESE TERMS OF USE OR THE PRIVACY POLICY SHALL BE SUBJECT TO THE SOLE AND EXCLUSIVE OF THE STATE COURTS OF THE STATE OF NEW JERSEY AND YOU WAIVE ANY CLAIM OF INCONVENIENT FORUM. YOU ALSO WAIVE ANY
AND ALL RIGHTS YOU MAY HAVE TO A JURY TRIAL.
General
These Terms of Use and the Privacy Policy constitute the entire agreement between you and GAR regarding the Site and the Site Content. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. GAR’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.
Changes to our Terms of Use
We may update our Terms of Use from time to time. If we make any changes, we will post the new Terms of Use to our Site after we make the change.
The date the Terms of Use was last revised is identified at the top of the page. You are responsible for visiting the Terms of Use to check for any changes each time you access or use the Site.
Notices; Contact Information
The Site is operated by GAR, LLC, 170 Lehigh Ave Lakewood, NJ 08701. All questions regarding the Site, these Terms of Use or our Privacy Policy shall be directed to our Customer Service Manager by email at: service@garproducts.com, by calling at: 1-800-424-2477, or by writing to our Customer Service Manager at: GAR Products, 170 Lehigh Ave Lakewood, NJ 08701.
