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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. For more information on how we protect and use your personally-identifiable information in connection with the Site, please see our Privacy Policy at: PRIVACY POLICY

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.
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
Notwithstanding 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.

Please also read our Privacy Policy at: PRIVACY POLICY

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.