GARMONT WEBSITE TERMS & CONDITIONS OF USE
Last Updated: March [●], 2021
Welcome to Garmont’s U.S.-based Internet websites, including garmontnorthamerica.com (collectively, the “Websites”). Garmont International N.A. Inc. and/or its affiliates ("Garmont", “we” or “us”) provides you with access to the Websites, and all features therein, subject to the following Terms & Conditions of Use (collectively the “Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITES. BY USING THE WEBSITES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITES. PLEASE NOTE THAT SECTION 1 BELOW CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION TO RESOLVE DISPUTES AS WELL AS JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. Garmont may, in the future, modify or revise these Terms at its sole discretion, without any notice. When we make changes, we will update the date at the top of these Terms. Your use of the Websites following any such revision constitutes your agreement to the revised Terms. Please check these Terms periodically for changes. The Websites are the property of Garmont.
By using the Websites, you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Websites.
1. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST GARMONT ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST GARMONT, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST GARMONT BY SOMEONE ELSE.
Most disputes that arise out of the use of the Websites can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at customerserviceUS@garmont.com.
If any dispute remains unresolved after that process, however, you and Garmont agree to have all disputes resolved by arbitration, which shall be final and binding on both parties, except disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and Garmont each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Agreement shall continue to apply.
“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and Garmont concerning the Websites or Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Garmont empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms are void or voidable.
CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND GARMONT EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND GARMONT AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and Garmont acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to these terms. Neither you nor Garmont may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and Garmont from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.
1.1 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.
1.2 Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware, and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
1.3 Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Garmont submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Union County, New Jersey or in another jurisdiction to which you and Garmont agree in writing; provided, however, that if circumstances prevent you from traveling to New Jersey, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
1.4 Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
1.5 You and Garmont agree to submit to the exclusive jurisdiction of the federal or state courts located in Union County, New Jersey in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
1.6 Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Garmont will reimburse those fees for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). Likewise, Garmont will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys' fees and expenses set forth in the Terms supplements any right to attorneys' fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys' fees or costs.
1.7 Severability. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.
1.8 Disputes Between Users. You are solely responsible for your interactions with other users. Garmont reserves the right, but has no obligation, to become involved in any way with disputes between you and other Website users.
2. Website Content Ownership. The Websites and all rights, title and interest therein are and shall remain the property of Garmont or its licensors. All content used by or displayed on the Websites, including all text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively the “Content”), and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Websites, is owned, controlled or licensed by or to Garmont, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Garmont’s express prior written consent. You may only use the Content and information on Garmont products and services (such as data sheets, product images, technical specifications, articles, and similar materials) from the Websites, provided that you (1) do not remove any copyright or other proprietary notice from any of the materials, (2) use such information only for your personal informational use and do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, (3) do not use the Content in a manner that implies an association with Garmont, or any of our products, services or brands, and (4) do not make any additional representations or warranties relating to such materials.
3. Third-Party Links. The Websites may contain links to other third-party websites (“Linked Websites”). Any such Linked Websites are provided solely for your reference and as a convenience to you. Garmont does not endorse or make any representation or warranty regarding the content or accuracy of such Linked Websites. Such Linked Websites are not under Garmont’s control, and Garmont is not responsible for and makes no endorsement or representation about the information or materials contained on such Linked Websites. If you access any Linked Websites, you do so at your own risk. GARMONT IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY OR LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF THIRD-PARTY OR LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
4. Limited License to Access Websites. As long as you comply with these Terms, Garmont grants you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Websites. Garmont also grants you a limited, revocable, and non-exclusive right to create a link to the Websites’ home pages provided that the link does not portray Garmont, or its products or services, in a false, misleading, negative, derogatory, or otherwise offensive matter. You may not use any Garmont logo or other proprietary graphic or trademark as part of the link without our express written permission. Without the express prior written consent of Garmont, this limited license does NOT allow you: (1) to reproduce, duplicate, copy, sell, resell, visit, or in any way otherwise use or exploit for any commercial purpose all or any part of the Websites or their Content; (2) to collect and/or use any product listings, descriptions, or prices; (3) any derivative use of the Websites or their Content; (4) to download or copy information, including but not limited to account information, for the benefit of yourself or any third party; (5) to download or modify all or any part of the Websites or their Content; (6) any use of data mining, robots, or similar data gathering and extraction tools; (7) to use any meta tags or any other hidden data utilizing Garmont's name or trademarks; (8) to frame or capture any trademark, logo, or other proprietary information (e.g., text, photographs, images, page layout, etc.) on the Websites, and/or (9) any other inappropriate or improper use of the Websites or their Content. Any unauthorized use by you of any of these Terms shall automatically terminate the limited license granted by Garmont to you to use the Websites or their Content. All rights not expressly granted herein are reserved by Garmont.
5. Your Account and Obligations.
5.1 If you create an account to use the Websites, you are solely responsible for maintaining the confidentiality of your account information (including but not limited to your password and credit card information) and for restricting access to your computer. You agree to accept full responsibility for all activities that occur under your account or password and you agree to notify Garmont immediately of any unauthorized use of your account or password, or any other breach of security. You understand and agree that you may be held liable for losses incurred by Garmont and/or any other user of or visitor to the Websites due to someone else using your Garmont username, password or account if you fail to keep your account information secure and confidential.
5.2 You may not use any other person’s Garmont username, password or account at any time without the express permission and consent of the holder of that Garmont username, password or account. If you are under 18, you may use Garmont’s Websites only with involvement and approval of a parent or guardian. Garmont will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify Garmont at customerserviceUS@garmont.com immediately upon learning of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Garmont Websites. Garmont may suspend or terminate your account and your use of any Websites if you fail to comply with these Terms, and Garmont reserves the right to refuse service, terminate any account, remove or edit Content, and/or cancel orders in Garmont’s sole discretion.
5.3 Your use of the Websites is conditioned upon your agreement to comply with all applicable laws in connection with your use of the Websites, these Terms, and such further limitations as may be set forth in any written or on-screen notice from Garmont. In addition, you agree that all information that you provide to Garmont in connection with any purchase, transaction or other interaction with Garmont on the Websites will be accurate, complete, and current. You agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with Garmont at the prices in effect when such charges are incurred.
5.4 By using the Websites, you agree not to violate, attempt to violate or assist others in violating or attempting to violate the security of the Websites, including, without limitation, doing or attempting any of the following: (1) probing, scanning, or testing the vulnerability of the Websites, their servers, systems or networks, (2) breaching authentication/security measures, (3) logging into a server or account or accessing data that you are not authorized to access,
(4) interfering in any way with the Websites’ services to any user, host, or network, by any means including, viruses, spam, overloading, etc., and/or (5) sending unsolicited email, and/or forging headers in any email or posting.
5.5 You agree that Garmont may, in its sole discretion and without prior notice, terminate your access to the Websites and/or block your future access to the Websites, for any reason, including but not limited to: (1) if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Websites, (2) requests by law enforcement or other government agencies, (3) a request by you, (4) discontinuance or material modification of the Websites or any service offered on or through the Websites, or (5) technical issues or problems. You agree that Garmont will not be liable to you or to any third party for termination of your access to the Websites. You also agree that any violation by you of these Terms will cause irreparable harm to Garmont, for which monetary damages may be inadequate, and you consent to Garmont obtaining any injunctive or equitable relief that Garmont deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Garmont may have at law or in equity.
6. Electronic Communications. When you visit the Websites or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Websites. 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. You may opt out of receiving marketing e-mails from Garmont by clicking the “unsubscribe” link located at the bottom of each Garmont marketing e-mail.
8. Copyright. All Content included on the Websites, such as text, images, graphics, logos, icons, audio and video clips, digital downloads, data compilations, and software, and the compilation of all Content on this Websites is the exclusive property of Garmont, its licensors, or its suppliers and protected by the United States Copyright Act and international copyright laws. Nothing stated or implied on the Websites gives you any license or legal right under any copyright of Garmont or any third party. Federal and state laws prohibit you from duplicating, copying, reproducing, broadcasting, modifying, editing, distributing, displaying, publishing, performing, circulating, or transmitting any Content or part of the Websites for any purpose.
9. Trademarks. All trademarks, trade names, logos and service marks, icons, and domain names used or displayed on the Websites (the "Marks") are owned by Garmont or are licensed to Garmont by third parties. You are prohibited from using any of the Marks without the express, prior, written permission of Garmont or such third party. If you would like information about obtaining Garmont's permission to use Garmont’s Marks, e-mail customerserviceUS@garmont.com Garmont's Mark and trade dress may not be used in connection with any product or service that is not Garmont's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Garmont. The use or misuse of the Marks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without Garmont’s written permission or the written permission of such third-party owner..
10. Materials You Post on the Websites. You may post reviews, comments, photos, and other materials, send emails and other electronic communications, and submit suggestions, comments, questions, or other information (collectively “User Materials”), so long as the User Materials are not illegal, obscene, threatening, defamatory, and/or objectionable in Garmont’s sole discretion, and so long as the User Materials don’t invade anyone’s privacy, otherwise injure anyone, or infringe on intellectual property rights. In addition, the User Materials you post may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Materials. If you do post or submit User Materials, you grant Garmont 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 User Materials throughout the world in any media. You grant Garmont and its sub-licensees the right to use the name that you submit in connection with such User Materials, if they choose. You represent and warrant (1) that you own or otherwise control all of the rights to the User Materials that you post; (2) that the User Materials are accurate; (3) that Garmont’s use of the User Materials you supply does not and will not violate applicable law or infringe on any third-party’s rights and will not cause injury to any person or entity; and (4) that you will indemnify Garmont for all claims and/or damages resulting its use of User Materials you supply. Garmont reserves the right, but not the obligation, to monitor and edit or remove any User Materials in its sole discretion. Garmont explicitly disclaims, takes no responsibility for, and assumes no liability for any User Materials posted by you or any third party.
11. Copyright Complaints. Garmont respects the intellectual property of others. It is Garmont's policy, as appropriate and in its sole discretion, to terminate the accounts of users who infringe upon the copyrights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:
Garmont International N.A. Inc.
25 Market Street, Suite 5
Portsmouth, NH 03801
and include the following information in writing, which is required pursuant to the Digital Millennium Copyright Act ("DMCA"):
(1) A detailed description of the copyrighted work that you claim has been infringed.
(2) A description of where the material that you claim is infringing is located on the Websites reasonably sufficient to allow Garmont to locate the material.
(3) Your address, telephone number, and e-mail address.
(4) 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.
(5) 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 the copyright owner's behalf
(6) Your physical or electronic signature, if you are the copyright owner or authorized to act on the copyright owner’s behalf, or the physical or electronic signature of the owner or person authorized to act on behalf of the owner of the copyright that has been allegedly infringed upon.
You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
12. Risk of Loss. All items that you order and purchase from Garmont through the Websites are transported and delivered by an independent carrier, unaffiliated with Garmont. Title to the items you have purchased, as well as risk of the items’ loss, passes to you once Garmont delivers the items to the carrier. In the event of a lost package, please contact Garmont’s Customer service department at customerserviceUS@garmont.com to assist with a shipping claim.
13. Product Descriptions & Availability. While Garmont tries to accurately describe its products and their availability, Garmont does not represent or warrant that its product descriptions, availability, and/or any other Content are free of error, complete, up to date, or reliable. Please note that colors of Garmont products may appear differently on your computer monitor than they are in reality. Most Garmont products are available to view at Garmont retailers throughout the world. If a product offered by Garmont itself is not as described, your sole remedy is to return it in unused condition.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1. WEBSITES. Garmont makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Websites and the Content. ANY AND ALL USE OF THE WEBSITES AND THE CONTENT IS AT YOUR OWN RISK. Changes are periodically made to the Websites and may be made at any time by Garmont in its sole discretion. Some Content on the Websites may be provided by third parties and Garmont explicitly disclaims all responsibility for any such Content provided by third parties.Your use of the Websites is at your own risk. If you are dissatisfied with any of the Content or other contents of the Websites or with these Terms, your sole remedy is to discontinue use of the Websites.
THE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY GARMONT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GARMONT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED GARMONT REPRESENTATIVE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GARMONT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH GARMONT TAKES COMMERCIALLY REASONABLE MEASURES TO PROTECT ITS CUSTOMERS’ PERSONAL INFORMATION, GARMONT DOES NOT WARRANT THAT (1) THE WEBSITES, (2) INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, (3) THE WEBSITES’ SERVERS, OR (4) E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCLUDING GARMONT’S INTENTIONAL MISCONDUCT, GARMONT EXPLICITLY DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED GARMONT REPRESENTATIVE.
14.2. PRODUCTS. Garmont products are warranted to the original retail purchaser to be free from defects in materials and workmanship, for the period described in the materials included with the products or as set forth on the Garmont “Warranty” webpage. All warranty items are required to be evaluated at Garmont. Decisions will be made at the sole discretion of the Garmont Warranty Department. If an item is covered under our warranty policy (see below), upon warranty inspection, Garmont will first seek to repair your Garmont product. If repair is not feasible or reliable then Garmont will seek to replace the product with the same or like product given availability. If you purchase a Garmont product from the Websites that you believe is defective, return the product to us pursuant to the Garmont Return Policy and include your receipt and proof of purchase showing the purchase date. Garmont will repair or replace the product at our sole discretion. If Garmont determines that there is no warranty issue with the returned product, the product will be returned to you with a note of explanation. GARMONT’S LIABILITY UNDER THIS LIMITED WARRANTY IS EXPLICITLY LIMITED SOLELY TO SUCH REPAIR OR REPLACEMENT. UPON EXPIRATION OF THE WARRANTY PERIOD, GARMONT SHALL HAVE NO LIABILITY UNDER THIS LIMITED WARRANTY OR OTHERWISE. THE FOLLOWING ARE EXPLICITLY EXCLUDED AND NOT COVERED BY THIS LIMITED WARRANTY: (1) DAMAGES DUE TO NORMAL USE AND WEAR; (2) DAMAGES DUE TO ABUSE OR ACCIDENTS; (3) GARMONT PRODUCTS THAT HAVE BEEN RESOLED OR IN ANY WAY MODIFIED; AND (4) THE FIT OF ANY GARMONT PRODUCT. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXCEPT AS OTHERWISE SPECIFIED ABOVE, GARMONT MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE DESIGN, CONDITION OR QUALITY OF MATERIALS AND WORKMANSHIP TO THE PURCHASER OF THE GOODS AND/OR ANY OTHER PERSON WHATSOEVER. NOTHING CONTAINED IN THE FOREGOING SENTENCE IS INTENDED TO RELEASE THE SELLER FROM LIABILITY FOR ORDINARY DAMAGES FOR PROVEN PRODUCT LIABILITY CLAIMS.
WARNING: MOUNTAINEERING, HIKING, WALKING, AND RELATED ACTIVITIES, ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND DANGEROUS. By purchasing or using any Garmont equipment in any manner, you agree that you are: (1) personally and solely responsible for: (a) learning and knowing the limits and capabilities of the equipment and yourself, (b) the proper use of and techniques for such equipment, (c) making responsible, sound decisions in changing situations, and (2) assuming all risks and accepting full and complete responsibility for any and all damages and injury of any kind to yourself or others, including death, paralysis, and serious injury, which may result from or is related to your use of any equipment manufactured by or purchased through Garmont, its partners, Websites, or retailers. In addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY GARMONT, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY GARMONT WEBSITES, CATALOGS, PUBLICATIONS, OR OTHER GARMONT MATERIALS. Resources like the Websites and publications can provide useful information and tips, but they are no substitute for good decision-making, safe and appropriate use of equipment, or professional instruction for the numerous hazardous situations in which you may choose to use Garmont products.
14.3. TO THE EXTENT THAT GARMONT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF GARMONT’S LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.
15. Reserved Rights. Garmont reserves the right to do any of the following, for any reason, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Websites, or any portion of the Websites; (2) to modify or change the Websites, or any portion of the Websites, and any applicable policies or terms; (3) to interrupt the operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) discontinue or restrict your use of the Websites.
16. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GARMONT, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY GARMONT, BY YOU, ANY PERSON OR ENTITY ACTING ON YOUR BEHALF, AND/OR ANY THIRD PARTY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE OF THE WEBSITES, (2) YOUR BREACH OF ANY OF THESE TERMS, (3) YOUR USER MATERIALS, AND/OR (4) ANY OTHER VIOLATION BY YOU THAT CREATES LIABILITY FOR GARMONT.
17.1 Term and Termination. We reserve the right to condition your license to access and use the Websites on your compliance with these Terms. We also reserve the right to terminate your license to access and use the Websites, at any time, at our sole discretion. You may terminate these Terms by discontinuing your use of the Websites. Notwithstanding such a termination, those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive, and you will continue to be liable for all your activities during the time you used the Websites.
17.2 Severability. You and Garmont agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.
17.3 Choice of Law; Venue. You and Garmont agree that these Terms and any action at law or in equity that is not subject to the arbitration clause in Section 1 above will be governed by and construed in accordance with the laws of the state of Deleware, without giving effect to its conflict or choice of laws principles. You and Garmont further agree that any action at law or in equity that is not subject to the arbitration clause in Section 1 above shall be filed, and that venue properly lies, only in the state or federal courts located in Union County, New Jersey, United States of America, and you and Garmont expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action. In the event that Garmont initiates a legal action against you that is not subject to the arbitration clause in Section 1 above as a result of your violation of these Terms, you agree that Garmont will be entitled to recover from you, and you agree to pay, all of Garmont’s reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Garmont.
17.4 Geographic Restrictions. Garmont International N.A., Inc. is based in the United States. We make no claims that the Websites or any Content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17.5 Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms.
17.6 Entire Agreement. These Terms, including any additional policies referenced in the Terms, are the entire agreement between you and Garmont. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
17.7 No Waiver. Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
17.8 Notices to Garmont. All notices given by you or required from you under these Terms must be in writing and addressed to us at the address set forth below in the Contact Information section, below. Any notices that you provide without compliance with this subsection will have no legal effect.
17.9 Contact Information. If you have questions, complaints, or claims with respect to the Terms, please direct such communications to:
Garmont International N.A. Inc.
25 Market Street, Suite 5
Portsmouth, NH 03801