Gaumard Website Terms of Use
WEBSITE TERMS OF USE
Gaumard Scientific Company, Inc., (“Gaumard”, “we”, “us”, “our”) owns and operates this website (the “Site” or “Sites”) . These Terms and Conditions (the “Terms”) apply to this Website and to any other website owned, operated or maintained by Gaumard or its subsidiaries (collectively, “Gaumard” or “we” or “us”).
These Terms control your use and access to Gaumard’s Sites and online information. By accessing or using the Gaumard’s Sites (including all content and functionality), you agree to comply with and be legally bound by these Terms. and any additional terms applicable to certain programs in which you may elect to participate. Gaumard reserves the right, in our sole discretion, to make updates or changes to the Site and these Terms at any time. The “Last Updated” legend below indicates when these Terms were last changed. All changes are effective immediately upon posting to the Site. Continued use of the Site following the posting of revised terms will indicate your acknowledgment and agreement to be bound by the revised Terms. As such, you should review these Terms from time to time . Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
License Disclaimer and Use Restrictions
Nothing on any Gaumard Site gives you any license under any Gaumard or third party intellectual property rights. All intellectual property rights in this Site belong to Gaumard or other parties that licensed their material to Gaumard. Subject to these Terms, Gaumard grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Gaumard Content”). This limited license is only for your personal, noncommercial use. You must keep Gaumard’s proprietary notices on any copies you make of Gaumard Content. Unauthorized use of Gaumard Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to Gaumard for your unauthorized use of Gaumard Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Gaumard Content in your possession or control. Other than as stated above, you must not:
- change, alter, copy, distribute, republish, download, display, post, or send the Gaumard Content in any form or by any means without Gaumard’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific Gaumard Content;
- use the Site or Gaumard Content for any purpose that is unlawful or prohibited by these Terms;
- use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
- “mirror” or “frame” any Gaumard Content on any other device without Gaumard’s prior written permission;
- use the Gaumard Content to benchmark any Gaumard Content against any other person’s or entity’s products, services or information; or
- use the any other Gaumard trademark as a "hot" link to any part of the Site unless Gaumard without Gaumard’s express prior written approval of that use.
Copyright law protects all Gaumard Content. Please see the following link for more Copyright Information: Website Copyright Notice
Privacy
Gaumard’s Privacy Policy applies to your use of the Site and is part of these Terms. Please review Gaumard’s Privacy Policy and related information about your privacy and Gaumard’s use of your information. You acknowledge and agree that you are responsible for protecting any account and password information applicable to your use of the Site; restricting the use and access to your computer, smartphone, or other device used to access the Site; and any activity that occurs under your account due to your failure to protect such information.
Communicating Electronically
When you use the Site, you are communicating with Gaumard. You agree to receive electronic communications related to your use of the Site. Gaumard may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. Gaumard may provide notices to you via email or by posts on the Site, and those notices are effective on the date that Gaumard sends or posts them.
Export
All Gaumard Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.
Disclaimers
You agree that you take full responsibility for your use of the Site. Gaumard provides the Site and all Gaumard Content on an “as is” and “as available” basis. Specifically, Gaumard makes no representation or warranty of any kind; disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and does not guarantee that the Site and Gaumard Content will be free of errors or defects.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS. GAUMARD AND OUR AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-IN FRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY IN RESPECT OF OUR SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE SITE. GAUMARD DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND GAUMARD DISCLAIMS ANY LIABILITY RELATING THERETO. GAUMARD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OR SERVICES OFFERED, DISPLAYED, THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. GAUMARD DOES NOT WARRANT, ENDORSE, GUARANTEE , OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
Gaumard is not liable under any legal theories (including negligence) for any type of damages, even if Gaumard knew of the possibility of such damages. Gaumard is not liable for loss of data or profits arising from your use or inability to use the Site or the Gaumard Content. If your use of the Gaumard Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.
Indemnification
You agree to indemnify, defend, and hold Gaumard and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.
Miscellaneous
These Terms do not create any legal relationship between you and Gaumard. Gaumard’s failure to enforce a right does not mean that Gaumard has waived that right.
If a court or other tribunal finds any provision of these Terms unenforceable, Gaumard will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
Gaumard may assign its rights under these Terms at any time, but you may not do so.
These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between Gaumard and you about your use of this Site.
Headings are for reference only.
These Terms supersede any prior agreements with Gaumard about using this Site and its content.
Gaumard’s direct and indirect subsidiaries are third party beneficiaries of these Terms.
Prohibited Uses of the Site
When using the Site, you agree not to:
- Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Site or any computer network;
- Circumvent any technological measure implemented by Gaumard or any of our providers or any other third party (including another user of the Site) to protect the Site;
- Use our Site in any manner that could disable, overburden, damage, or impair our Site or interfere with any other party’s use of our Site, including their ability to engage in real time activities through our Site;
- Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Site, or any other system, device or property;
- Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Site for any purpose, including monitoring or copying any content on our Site;
- Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
- Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login to the Site as you);
- Impersonate or attempt to impersonate Gaumard, a Gaumard employee, another Site user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- Use our Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- Send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in these Terms;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site, or which, as determined by us, may harm us or users of our Site or expose them to liability; or
- Otherwise attempt to interfere with the proper working of our Site.
Links to Third Party Websites
This Site may contain links to third party websites (“Third-Party Sites”). Links to other Third-Party Sites are provided solely as a convenience to you. We have no control over such Third-Party Sites, nor do we review, approve, monitor, endorse, or make any representations or warranties with respect to such Third-Party Sites; therefore, we are not responsible or liable to you or to any party for any materials, information advertising, products, services, or other content on or available from such Third-Party Sites. If you decide to access any Third-Party Sites, you do this entirely at your own risk. You acknowledge and agree that Gaumard is not liable, either directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Third-Party Sites.
Disputes; Governing Law
Gaumard makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
You expressly agree that the Terms and any dispute, claim, action, cause of action, issue, or request for relief between you and Gaumard arising out of or relating to these Terms, your visit to our Site, or to products or services obtained on or through the Web Site (collectively “Disputes”) will be governed by and construed in accordance with the laws of the Miami-Dade County, State of Florida without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Subject to the Binding Arbitration Section below, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in State of Florida, for all Disputes that are heard in court, including any Dispute involving Gaumard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Binding Arbitration
You and Gaumard agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and Gaumard. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The arbitration shall take place in Miami, Florida, USA. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and Gaumard shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Gaumard shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void. Notwithstanding the above, if the Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, we may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of Florida.
Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Site. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. You may also cancel your account at any time by contacting Customerservice@gaumard.com.
Entire Agreement; No Agency; Waiver; Severability
These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and Gaumard with respect to your use of the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Gaumard and you regarding the Site. No Agency: Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between you and Gaumard. Waiver: Gaumard’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.
Severability: If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. We will amend or replace such provisions with ones that are valid and enforceable, and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.
Product Availability
This website contains information for a wide range of countries. Not all of the products referred to on this website are available in every location. A reference to a product on this website does not mean that such product is or will be accessible in your location. Such products may be subject to different regulatory requirements depending on the country of use. You should not interpret anything on this website as a promotion or advertisement for any product or for the use of any product that is not available in your country of residence. You may contact our customer support department for more specific information on the products available in your location.
Contact Us
Gaumard owns this Site. If you have a question or complaint about the Site, please contact us at info@Gaumard.com . If you have a question about Gaumard’s collection or use of personal information, please see Gaumard’s Privacy Policy or contact privacy@Gaumard.com . California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Rev. February 2023