Compliance with Terms
You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you have registered with us for an account to purchase products through the Site (an "Account"). The term "User" means a "Visitor" or an Account holder. Please read and save all of the Terms. If you do not agree with the Terms, do not use the Site or any of its features. If you register to have an Account, you will be required to indicate your acceptance of these Terms during the registration process.
We may amend or terminate any Terms at any time, and such amendment or termination will be effective at the time we post the revised Terms on the Site. We will provide notice on the front page of the Site if there has been a material change to the Terms. Each time you use the Site, you should visit and review the then current Terms that apply to your transactions and use of the Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and G3 with respect to your use of the Site.
Use of the Site and its features and registration for an Account are available to Users who are at least 18 years of age and is void where prohibited. By using the Site and its features, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and its features does not violate any applicable law or regulation.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or have an Account. You may terminate your Account at any time, for any reason, by following the instructions on your Account Settings page. We may terminate your Account at any time, for any or no reason, with or without prior notice or explanation and without liability. Even after your Account is terminated, the Terms will remain in effect, and you will remain bound by them except that your Account will terminate.
When you register for an Account, you will be asked to choose a user name and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log in to the Site. You must notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, so please be vigilant in protecting its confidentiality.
Your Use of the Site
Users have a nontransferable, nonexclusive license to access the Site, to view information contained at the Site and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Products and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. All measurements, weights, colors and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping LimitationsWhen an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All Content on the Site provided by G3, including, without limitation, text, images, logos and functionality ("G3 Content") is protected by copyright, trademark, patent, trade secret and other laws and G3 owns and retains all rights in the G3 Content and the features and functionality of the Site. G3 hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the G3 Content (excluding any software code) solely for your personal use in connection with viewing and using the Site. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Site.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
G3 is not responsible for and makes no warranties, express or implied, as to any of the equipment or programming associated with or utilized by the Site or otherwise. The Site may contain links to other websites. G3 is not responsible for the content, accuracy or opinions expressed on such websites and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by G3. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by G3. When you access these third-party sites, you do so at your own risk. G3 takes no responsibility for third-party advertisements or third-party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. G3 is not responsible for the conduct, whether online or offline, of any User of the Site. G3 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure in connection with the Site. G3 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall G3 be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or attendance at a G3 event. Additionally, G3 shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
The Site is provided "AS-IS" and as available, and G3 expressly disclaims any warranty of fitness for a particular purpose or noninfringement. G3 cannot guarantee and does not promise any specific results from use of the Site.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Our Service Providers
We may use one or more third-party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms "we" and "us" for purposes of the Terms.
You agree to indemnify and hold G3, its subsidiaries and affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim or demand, including, without limitation, reasonable attorneys' fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms.
Choice of Law; Jurisdiction
The Terms will be construed and their performance enforced, under the laws of California without reference to any choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Stanislaus County for state court causes of action and in the Eastern District of California for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you registering for an Account (if applicable). The Terms constitute the entire agreement between you and G3 regarding use of Site and its services and features. The failure of G3 to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms, and does not affect the validity and enforceability of any remaining provisions.
If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact us firstname.lastname@example.org.