LEGAL POLICY AND DISCLAIMERS
We welcome you to the Gabrene, LLC Web site. We appreciate your interest and your business!
We respect your time, and we commend you for choosing the value Gabrene offers. Still, we ask that you make yourself familiar with the terms of use of this site, and be sure to contact us if you have any questions.
TERMS AND CONDITIONS, AND DISCLAIMERS
Use of Web site
By accessing this Web site, you agree to be bound by these Web site terms and conditions regarding use of the site, disclaimers, limitations of liability, warranties, accuracy of content and pricing, and all applicable laws and regulations. If you do not agree, you should not access this Web site.
This Web site and its content are owned by Gabrene, LLC and its subsidiaries and affiliates (“Gabrene”). “Content” on the site is defined as all text, photographs, software, graphics, and anything else contained on the site. Content is subject to change without any notice to Users. “User” includes but is not limited to any person who accesses this Web site by any means, including, but not limited to, legal, illegal, authorized and authorized means.
Use of this Web site is subject to the terms and conditions cited below. Your use of the Web site constitutes your agreement to, and acceptance of, these terms and conditions. Gabrene reserves the right to make improvements and/or changes at any time, and will make every effort to keep all content current and accurate; however, no warranty is made that content will be error-free, and we do not accept any liability for errors and omissions. While we will operate with great caution, we cannot guarantee that our site, or the server that makes it available, are free of viruses or other harmful components. Specifically, Gabrene makes no representations or warranties as to the completeness or accuracy of any of the information contained on this Web site, nor promise to update its contents.
The materials and information on this site are provided “AS IS” and without warranty of any kind, either expressed or implied, including without limitation any implied warranties In no event will Gabrene, our affiliates, licensors, service providers, content providers, and their and our directors, officers, employees and agents be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of this Web site, or any other hyper-linked Web site. This includes, but is not limited to any lost profits, business interruption, loss of programs or data on your equipment or otherwise – or any other loss – arising out of, or in any way connected with, the use or inability to use this Web site, even if we are expressly advised of the possibility or likelihood of such damages.
Prohibited Use of Our Web site
You will not use the Gabrene Web site for any purpose that is prohibited by this agreement. User warrants that your use of the Web site will be for lawful purposes only and you agree to indemnify us and our affiliates, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Web site terms or your use of the Web site. For the purposes of this section, references to “your use” shall be deemed to include any use by a third party where such third party accesses the Web site using your computer.
You must not improperly or without authorization use, modify or hack into the Web site, or attempt to interfere with or decipher any transmissions to or from the server running the Web site. You must not knowingly introduce viruses, corrupted data, Trojans, worms or other material that is malicious or technologically harmful. We will report any such breach to relevant law enforcement authorities and will, as part of our cooperation with those authorities, provide them with any identifying information we may have that relates to you.
All of the materials presented in the Web site, or any portion thereof, may not in any way, in whole or in part, be modified, altered, copied, reproduced, distributed or otherwise exploited for any public or commercial purpose that is not expressly approved in writing by Gabrene.
SALES TERMS AND CONDITIONS
Statements Made in Description of Goods
Gabrene attempts to ensure clear and accurate descriptions and pricing of our items, but does not warrant that descriptions of the items will be error-free, and cannot be held responsible for errors or omissions, technical inaccuracies or typographical errors on the site or in any catalog, glossary or supplemental material. We endeavor to correct errors as quickly as is practical. Gabrene suppliers will not be liable or responsible for any such inaccuracies. Listings of items may be changed and/or updated without notice. Gabrene may add, delete or change items at any time. Orders are subject to availability.
Our Customers – you – expressly represent and warrant to Gabrene that you will use this site, and any products purchased from Gabrene, in accordance with all applicable local, state, national and international laws, and in accordance with the terms and conditions herein. You agree to defend, indemnify, and hold harmless Gabrene, its parent, subsidiaries, and affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Customer's use of the Web site; and (b) any breach by Customer of these terms and conditions of use. You hereby waive and release Gabrene from all rights of contribution or indemnity to which you may otherwise be entitled.
ARBITRATION
In the event a dispute arises from this Agreement which cannot be resolved by the parties in good-faith negotiations, both parties agree to submit such dispute to arbitration in Tampa, Florida, before a single arbitrator familiar with the Uniform Commercial Code and using the Commercial Rules of the American Arbitration Association, in accordance with Florida law.
QUALITY AND RETURN-OF-GOODS POLICY
If for any reason you are not fully satisfied with any purchase, simply return it to us within 14 days of purchase for full credit or exchange. The item(s) must be returned in original packaging. Customer must pre-pay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. All warranty materials must be sent back with returned purchases. Items may not have been worn or altered in any way.
PRIVACY and PERSONAL DATA PROTECTION
Collection of Personal Information from Visitors to our Web site
The safekeeping of your Personal Information is very important to us. Gabrene has developed this Web site privacy policy to address our intent. You may log on and view our Web site information without revealing your identity to us.
Personal Information is information that can identify you, such as your name, street address, telephone number, email address and other similar information. Please do not submit any Personal Information if you do not want it to be collected. You should understand, however, that without providing requested information – even Personal Information – you may not be able to participate in particular features or activities that require such information.
We do not intentionally collect your personal information unless it is provided voluntarily to us through forms or data fields. Some areas on the site allow you to contact us to ask questions, make comments or provide other information. Please be aware that when you ask questions or provide comments or information, you may be disclosing Personal Information.
If you do contact us, however, it may be necessary for us to request, store, process and use specific data regarding your personal or factual circumstances, which indicate your identity (personal data, such as name, e-mail address, postal address, telephone number). In every instance, we will comply with the relevant statutory data-protection regulations. We collect and use data requested from you or personal data only for the purpose of completing the business transaction resulting from your contact with us. We store this data to the extent that you have authorized.
IMPORTANT LIMITATIONS to this ONLINE PRIVACY POLICY
This policy applies only to information collected on Web sites that are directly linked to this privacy policy, and does not apply to information collected in other areas – whether online or offline. Nor does this policy apply to third-party Web sites that may be accessed through a link from a site covered by this policy. We recommend you review the privacy policies of any third-party Web sites to understand how these sites collect, use and disclose any Personal Information.
Our Web site is not intended for, or designed to attract, individuals under the age of 13, or to collect Personal Information from children either directly or through passive information technology such as cookies. If a parent or guardian has reason to believe that a child has provided us with Personal Information, the parent or guardian should contact us at via e-mail at customerservice@gabrene.com and provide the name and address of the parent or guardian, and the name and age of the child.
Should any provision of these terms of Web site use be found unlawful, void or unenforceable, that provision is deemed severable from the remaining Web site terms and will not affect the validity or enforceability of the remaining provisions.
COLLECTION of NON-PERSONAL INFORMATION
Non-Personal Information is that which is not personal, such as questions, comments, ideas and suggestions that you provide, or information that we may collect that is not linked to any Personal Information.
Non-Personal Information will be treated as non-confidential, and we may disclose and/or use that information without any obligation whatsoever to you, for any purpose and through any means.
The Gabrene Web site may use a tracking technology called a “cookie,” which is a small text file a Web site can place on your computer’s hard drive. “Cookies” allow the site, for example, to collect information about your activities on the site or to track your preferences and selections. When you log in to the Web site again, information stored in cookies associated with that site will be transmitted back to us. With most Internet browsers, you can erase cookies from your computer’s hard drive, block all cookies or even receive a warning before a cookie is placed on your system. Refer to your browser instructions or Help button for instruction. You should be aware, however, that cookies might be necessary to provide you with certain features (e.g., customized delivery of information) available on our Web site. This type information is considered Non-Personal Information.
The Gabrene Web site also automatically may collect and store web log information relating to your computer and your visit, such as the name of the domain and host from which you access the Internet; the date, time and Internet address of the Web site from which you linked to our Web site; how long you spent and which pages you visited; your Internet protocol (IP) address, and your computer's operating system and browser software. This information is considered Non-Personal Information.
Our Web site also may track your usage of the site by using pixel tags (also known as clear gifs). The information collected through use of pixel tags is not personally identifiable and is considered Non-Personal Information.
HOW IS PERSONAL INFORMATION USED?
If you do provide us with Personal Information we may use the information to contact you via e-mail, regular mail, telephone or other means, to provide you with information you requested about specific products or services and provide additional future information about products or services that may interest you.
WHO MAY PERSONAL INFORMATION BE DISCLOSED TO?
GABRENE WILL NOT DISCLOSE OR ALLOW ACCESS TO ANY PERSONAL INFORMATION TO ANOTHER PERSON OR ENTITY, except (i) to affiliated entities within Gabrene LLC; (ii) to vendors and service providers who assist us in providing service to you (e.g., a fulfillment company for processing and mailing purposes); (iii) in connection with security-related or law-enforcement investigations or in the course of cooperating with authorities; (iv) to comply with legal requirements or to establish or exercise our legal rights or defend against legal claims; (v) when we believe it is necessary to share information in order to assist in an investigation regarding, or to prevent, illegal activities, suspected fraud, or situations involving potential threats to the safety of any person; and (v) upon a sale, merger, assignment or transfer of the business of this Web site to which the information relates. Any affiliated entity, vendor or service provider who is permitted access to, or to whom we transfer Personal Information is required to keep your Personal Information confidential.
WHAT ABOUT SECURITY?
Gabrene is committed to taking reasonable precautions to keep Personal Information secure against unauthorized access and use.
HOW DO I STOP GETTING COMMUNICATIONS?
If you decide you don’t wish to receive information or communications about particular products and services, you may opt out of any particular product or service or from all mailings by contacting us via e-mail at customerservice@gabrene.com.
Please note that you may continue to receive materials for a period of time while our lists are being updated.
UPDATES TO THIS PRIVACY POLICY
Gabrene maintains the right to change, update or revise this Privacy Policy from time to time, so you may want to check for updates if you visit Gabrene’s Web site in the future. Latest update: November, 2008 Thank you for your interest in Gabrene LLC.