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These Terms & Conditions govern access to and use of the G95 website, as well as any other G95 electronic platforms. G95 and g95.com and any patents, trademarks or copyrights are owned by G95, Inc.
The following is a legal agreement between you (herein referred to as “you”, “your” or “user”) and G95, Inc.
IMPORTANT: THESE "TERMS AND CONDITIONS" REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
As a condition to using the G95 website you agree to legally be bound by all the terms and conditions contained herein.
G95 and its parent company, G95, Inc. are willing to allow access to and use of its G95 website and provide information about its services, software, and its products only on the condition that you accept and agree to the terms and conditions in this Agreement.
If you do not agree you are not granted permission to access or use the G95 website or purchase a G95 product.
By downloading, accessing, or using the G95 website, you also represent that you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the G95 website.
Please also note that G95 and its parent G95, Inc. reserve the right to change these Terms and Conditions by posting a revised version online at anytime. We suggest that you review the Terms and Conditions found here on a periodic basis.
The operation of certain areas of the G95 website requires or involves the submission, collection, use, or dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of the G95 website, you acknowledge and agree that your use of the G95 website constitute acceptance of the G95 Privacy Policy.
G95 and all other names, logos, and icons identifying G95 and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks, patents or copyrights of G95, Inc. and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international patent, trademark and copyright laws.
Any use of such marks without the express written permission of G95 and G95, Inc. is strictly prohibited, and nothing stated or implied on any G95 website confers on you any license or right under any trademark of G95, its parent G95, Inc. or any third party.
G95 and its parent G95, Inc. grants you a limited license to access and make personal use of the G95 website but not to download (other than browser-required page caching) or modify any portion of it, except with express written consent of G95 and its parent G95, Inc.
Accordingly, you expressly acknowledge and agree that G95 and G95, Inc. transfers no ownership or intellectual property interest or title in and to the G95 website (or any part thereof) to you or anyone else. You may print and download materials and information from the G95 website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
But, this license does not include any resale or commercial use of the G95 website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the G95 website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Notwithstanding the license granted herein, the G95 website nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of G95 and G95, Inc. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the G95 website and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using the G95 name or trademarks without the express written consent of G95 and G95, Inc. Any unauthorized use terminates the permission or license granted by G95 and G95, Inc.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for the G95 domain address) to any page of the G95 website so long as the link does not portray G95 or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any G95 logo or other proprietary graphic or trademark as part of the link without express written permission.
G95 and G95, Inc. offers a guarantee on the manufacturing quality of its products. If you receive a defective product, please notify us and send pictures of the defects. If they are in fact a manufacturing defect, we will replace the defective product with a new product. We may require that you destroy the defective product and provide proof of its destruction in exchange or require other actions on your part, but we stand behind the manufacturing quality of all of our products.
You agree to not, at any time during or after use, directly or indirectly, in public or private, in any manner or on any medium whatsoever, deprecate, impugn, or otherwise make any disparaging or derogatory comments, writings, tweets, posts, or remarks or other expressions, that would, or could be construed to defame the Company, its products, services or any of its staff of their reputations and good names.
You agree to comply with all applicable law in connection with your use of the G95 website, and such further limitations as may be set forth in any written or on-screen notice from G95. As a further condition of your use of the G95 website, you warrant that you will not use the G95 website for any purpose that is unlawful or prohibited in these Terms and Conditions. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the G95 will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with G95 and G95, Inc. at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the G95 website, you agree not to violate or attempt to violate the security of the G95 website, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the G95 website;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.
G95 and G95, Inc. attempts to be as accurate as possible in describing its products. However, G95 and G95, Inc. do not warrant or guarantee that product descriptions or other content of the G95 website. G95 and G95, Inc. do not advise use of or warrant performance of its products in hazardous situations or conditions. Use of a G95 product is at YOUR OWN RISK. G95 and G95, Inc. assume no responsibility for any harm or hardship incurred directly or indirectly buy the use of its products. For any further questions or concerns regarding product performance and appropriate use please refer to the FAQ’s and or contact G95 in writing.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and G95 / G95, Inc. agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate G95 and G95, Inc. intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION?: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 8 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Sale, the rules set forth in these Terms of Sale will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or G95 and G95, Inc. must do the following:
- Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com;
- Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to to JAMS, One Atlantic Center, 1201 West Peachtree, NW, Suite 2650, Atlanta, GA 30309
- Send one copy of the "Demand for Arbitration" to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling to Georgia is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms of Sale shall be held in the United States in the State of Georgia without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and G95 / G95, Inc., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and G95 / G95, Inc.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and G95 / G95, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND G95 / G95, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by certified mail to G95 and G95, Inc. at the address below providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms and Conditions. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, G95 AND G95, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
IN NO EVENT SHALL G95 / G95, Inc. OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "G95 RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE TOMS RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE G95 / G95, INC. RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the G95 website, whichever is earliest. G95 and G95, Inc. reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the G95 website or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the G95 website but all applicable provisions of this Agreement will survive termination. The provisions concerning G95 and G95, Inc. proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and sever-ability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.
If you have any questions or concerns regarding these Terms and Conditions you can contact us by regular mail:
G95, Inc.
5830 E 2ND ST., STE 7000 #579
Casper, WY 82609
