Terms of Use


 

Introduction

These Terms of Use (“Terms”) were last updated July 18 2017

Please read these Terms carefully. These Terms govern your access to and use of this web site (“Site”) and set forth important details about your relationship with Gilson‚ restrictions on how you can use the Site‚ limitations on Gilson’s liability‚ and your and our agreement to resolve disputes via binding arbitration without resorting to class action litigation.

The “Site”) is owned and operated by Gilson‚ Inc. on behalf of itself and its affiliates (collectively‚ “Gilson‚” “we,” or “us,” or “our”). By accessing‚ registering for an account via‚ purchasing products from, or otherwise using the Site‚ you (“you”) agree that you have read and understand these Terms and our Privacy Policy.

Gilson reserves the right to make changes to this Site‚ our policies and these Terms at any time. All changes to these Terms are effective upon posting to the Site and, by accessing or using the Site after changes are posted‚ you accept those changes to these Terms. If you are unwilling to be bound by these Terms or our Privacy Policy‚ do not access‚ register for an account via‚ purchase products from, or otherwise use the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Gilson will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

Eligibility

The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ register for an account on, or purchase products on the Site.

Privacy Policy

Gilson believes strongly in the protection of the privacy of Site users and our customers. We may collect from your use of the Site as set forth in our Privacy Policy‚ which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.

Changes to the Site

You agree and understand that the Site‚ including any and all features available via the Site‚ may be modified by us‚ in our sole discretion‚ at any time without notice and without liability. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. We reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation‚ by terminating the online Gilson accounts of such violators or blocking such violators’ use of the Site.

Account Registration

In order to access some features of the Site‚ including to purchase products using the Site, you will be required to register for an online Gilson account. You will be required to submit certain information in order to set up your account and will be required to select a password and user name‚ which shall consist of an email address you provide (“User ID”). Gilson reserves the right to refuse registration of an account and to cancel a User ID in our sole discretion without liability to you. To register‚ use the registration form available by clicking the “Register” link near the top of any page on the Site. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your User ID and password. If you register for an account‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information. For example‚ you may not: (i) enter‚ select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person‚ or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms‚ which may result in immediate termination of your account.

Security

You are responsible for maintaining the confidentiality of your online account password and you are fully responsible for all activities that occur under your User ID and password‚ whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal‚ non-commercial use only‚ unless otherwise authorized in writing by us. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware‚ and (b) ensure that you log out of your account at the end of each session. Gilson reserves the right, in its sole discretion, to terminate your use of the Site for any reason without notice or liability, including the unauthorized use of a User ID or password and breach of these Terms.

Payment Information

Purchases of products made through the Site must be made by credit or debit card or purchase order. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor and software supplier. Refunds, if available, are solely the responsibility of Gilson and are at Gilson’s sole discretion.

Use of the Site

You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of Gilson. You may not use the Site for unlawful purposes. You may not (a) use the Site for any resale or commercial purpose; (b) collect or use any product listings or descriptions; (c) make derivative uses of the Site (including its contents); or (d) use any data mining‚ robots‚ or similar data gathering and extraction methods on the Site.

You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Gilson.

Any unauthorized use of the Site will may violate applicable law, including copyright laws‚ trademark laws (including trade dress)‚ and communications regulations and statutes. Violators will be prosecuted to the fullest extent of the law. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site. Gilson reserves the right, in its sole discretion, to terminate your use of the Site for any reason without notice or liability, including your breach of this section or any other provision of these Terms.

Ownership

The Site‚ including all of the Site’s photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ video, interfaces, other content, software‚ computer code, data, trademarks, logos, slogans, names of products, documentation, other components‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property and proprietary rights in the foregoing‚ are owned exclusively by Gilson or, as applicable, our licensors and suppliers, and are protected by copyright, trademark, and other intellectual property laws. Nothing contained in these Terms shall be deemed to grant to you or any other user any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of ours or any of our licensors or suppliers.

Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of Gilson or their respective owners‚ as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties and copies of third-party copyrighted materials that appear on the Site are the property of their respective owners. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on the Site without the express written permission of the trademark owner. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Gilson or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

Copyright © 2017 Gilson, Inc. All rights reserved.

Warranty Disclaimer

THE SITE‚ INCLUDING THE INFORMATION‚ SERVICES‚ PRODUCTS‚ AND OTHER CONTENT AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE‚ AND ALL PRODUCTS MADE AVAILABLE FOR PURCHASE VIA THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW‚ GILSON MAKES NO‚ AND GILSON HEREBY EXPRESSLY DISCLAIMS ALL‚ REPRESENTATIONS AND WARRANTIES OF ANY KIND‚ EXPRESS OR IMPLIED‚ WITH RESPECT TO THE SITE AND THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY‚ QUALITY, ACCURACY, OPERATION AND USE OF THE SITE (INCLUDING ALL CONTENT‚ SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE)‚ MERCHANTABILITY‚ FITNESS FOR ANY USE OR PURPOSE‚ COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NON-INFRINGEMENT‚ AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 

IN ADDITION‚ WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE‚ COMPLETE OR CURRENT‚ AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF‚ INABILITY TO USE‚ OR RELIANCE ON ANY ASPECT OF THE SITE‚ INCLUDING BUT NOT LIMITED TO SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER‚ WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED‚ SECURE‚ OR FREE OF ERRORS‚ VIRUSES‚ OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. GILSON HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.  WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION‚ WHETHER ORAL OR WRITTEN‚ OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY WITH REGARDS TO THE SITE OR ANY PRODUCT PURCHASED VIA THE SITE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY. TO THE EXTENT ANY SUCH LAW APPLIES TO YOU‚ THE LIMITATION DESCRIBED HEREIN MAY NOT APPLY TO YOU.

Limitation on Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GILSON, ITS AFFILIATES‚ OR ITS OR THEIR RESPECTIVE SHAREHOLDERS‚ DIRECTORS‚ OFFICERS‚ MEMBERS‚ MANAGERS‚ EMPLOYEES‚ CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING‚ BUT NOT LIMITED TO‚ ANY DIRECT‚ INDIRECT‚ SPECIAL‚ PUNITIVE‚ INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS‚ GOODWILL, OR REVENUE‚ BUSINESS INTERRUPTION‚ OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING THE USE OF‚ ACCESS TO‚ RELIANCE ON‚ UNAVAILABILITY OF‚ INABILITY TO USE‚ AND IMPROPER USE OF THE SITE‚ ANY SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON SITE‚ AND THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION) OR YOUR PURCHASE OF PRODUCTS VIA THE SITE‚ EVEN IF GILSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES‚ AND REGARDLESS OF THE FORM OF ACTION‚ WHETHER IN CONTRACT‚ TORT‚ OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GILSON’S BE LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend, and hold harmless Gilson, its affiliates‚ and its and their respective shareholders‚ directors‚ officers‚ members‚ managers‚ employees‚ consultants, agents‚ representatives‚ suppliers, and licensors from and against any losses‚ liabilities, costs‚ expenses, damages, fines, and penalties of any nature whatsoever (including attorneys’ fees and court costs) arising from or in connection with any claims‚ causes of action‚ suits, complaints, demands, judgments, and settlements of any third party due to‚ arising out of or related to (i) your access to the Site‚ (ii) your use of the Site‚ (iii) your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, (iv) your order of products through the Site, (v) your violation of these Terms‚ (vi) any use of your User ID or password by you or any other person‚ or (vii) the infringement or other violation by you‚ or any third party using your account, User ID or password‚ of any intellectual property or other right of any person or entity. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Links to Third-Party Sites

The Site may display links or be linked to web sites not maintained or controlled by Gilson. We are not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products‚ services or other materials relating to any such site‚ including any links contained in a linked site. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.

Force Majeure

Gilson will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Gilson’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.

Feedback

Gilson welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Placing an Order

Order Acceptance

Nothing on this Site constitutes an offer, but an invitation by you to make an offer to purchase products through the Site. All orders are subject to acceptance by Gilson. Resale of products or services purchased through this Site is expressly prohibited. In addition, there may be certain orders that we cannot accept and must cancel. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation the following: limitations on our ability to accept orders for shipment to addresses outside the United States; limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. An order is deemed accepted when Gilson ships the products ordered, and Gilson will charge your credit or debit card upon such shipment.

Shipping and Handling; Taxes

Unless otherwise noted, shipping and handling fees will be charged separately. Gilson currently uses various third-party services to ship products to locations within the 50 United States‚ the District of Columbia‚ and APO/FPO addresses. Gilson also currently ships to many international locations via a third-party service provider. Gilson charges you for sales, use, and other taxes for products ordered on the Site based upon Gilson’s obligation to collect and remit such tax. 

Product and Service Availability

The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas.

Local Restrictions

Gilson reserves the right to refuse or cancel any orders placed for products where the sale or use of such product in your location or jurisdiction is restricted or prohibited by law.

Pricing

Pricing errors may occur on the Site from time to time. Gilson attempts to correct all pricing errors as soon as they are discovered‚ or as soon as Gilson receives notice of an error, but Gilson is not responsible for any pricing or typographical errors on the Site. Gilson reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Gilson. Any payments you make to Gilson for orders that are cancelled due to pricing errors will be refunded.

Order Cancellation and Returns

Orders you submit online may not be cancelled online. Online orders may only be cancelled by contacting customer service. Orders with a status of “Processing” may not be cancelled‚ and you may need to wait until you receive the product in order to return it, subject to our return policy. Contact sales@gilson.com to discuss a return of product.

Title and Risk of Loss

Title to products will pass to you when you receive the products, unless such products contain any embedded software. Use of any embedded software may be subject to license restrictions imposed by the owner and licensor of such software and title to any embedded software within any product remains with the owner and licensor of such software. Gilson will bear the risk of loss or damage to the products during shipment to you.

Applicable Law

The laws of the State of Wisconsin‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and Gilson in connection with these Terms or your access to or use of the Site. Venue is exclusively in the state or federal courts, as applicable, located in Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by Gilson in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply.

Confidential Arbitration; Class Waiver; Waiver of Trial by Jury

Please read the following paragraphs carefully because they require you to arbitrate disputes with Gilson and limit the manner in which you can seek relief from us. You agree that you and Gilson are each waiving the right to trial by jury and any ability to participate in a class action and are instead agreeing to have all Disputes (as defined below) decided through individual arbitration.

All disputes, claims, and controversies arising out of or relating in any way to the Site or these Terms‚ including the breach, termination, enforcement, interpretation, or validity of these Terms (collectively, “Disputes”), will be submitted to and resolved by confidential binding arbitration on an individual basis as described in these Terms (the “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or to violation of any of Gilson’s intellectual property or other proprietary rights, Gilson may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Gilson; Gilson’s affiliates; Gilson’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.

All arbitration proceedings will be administered under the rules of the American Arbitration Association (“AAA”) before an arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The arbitrator’s decision will be final and binding and may be enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. To the fullest extent permitted by applicable law no arbitration proceeding will be joined or consolidated with any other arbitration or proceeding and will not proceed as a class action.

The place of arbitration will be Madison, Wisconsin, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.

Miscellaneous

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Gilson in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on the Site. Please print or otherwise save a copy of all documentation, agreements, notices, and other electronic communications for your reference. These Terms, which shall be deemed accepted by you upon your use of the Site‚ including our Privacy Policy, constitute the entire agreement between you and Gilson regarding access to and use of the Site. Gilson’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gilson. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy. These Terms inure to the benefit of Gilson’s successors and assigns. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Gilson, except that our affiliates are third-party beneficiaries of these Terms. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to the Site.

Contact and Violations

Please contact us with any questions regarding these Terms using the contact information below. Please report any violations of the Terms to +1 608-836-1551 and sales@gilson.com.

For claims or requests for arbitration‚ see the Confidential Arbitration section of these Terms.