ARETT SALES CORP. TERMS AND CONDITIONS OF USE
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using any of the Arett Sales Websites, including www.arett.com and www.goodprod.com, as well as any online features, services and/or programs offered by Arett Sales (collectively, the “Websites”). By accessing or using the Websites, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of Arett Sales Corp. (“Arett Sales”). If you do not agree to any portion of these Terms, you should not access or otherwise use the Websites. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Websites.
1. CONVENIENCE AND INFORMATION ONLY. The Websites are provided to you without charge as a convenience and for your information only. By merely providing access to the Websites, Arett Sales does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Arett Sales has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Websites will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Websites will be accurate or complete.
2. WEBSITE USE AND CONTENT. You may view, copy or print pages from the Websites solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Websites without the express, prior, written consent of Arett Sales. At any time, we may, without further notice, make changes to the Websites, to these Terms and/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Websites, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Websites. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Arett Sales of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.(b) ACCURATE INFORMATION. In creating and using your User Account on the Websites, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Websites (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Arett Sales has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ARETT SALES PROVIDES THE WEBSITES ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITES, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITES OR THE SERVERS USED IN CONNECTION WITH THE WEBSITES ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. ARETT SALES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ARETT SALES WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS ARETT SALES OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF ARETT SALES, THE ENTIRE LIABILITY OF ARETT SALES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Arett Sales and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Arett Sales, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF ARETT SALES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES WILL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL ARETT SALES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF ARETT SALES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7. THIRD PARTY CONTENT.
(a) Arett Sales may provide hyperlinks to other websites maintained by third parties, or Arett Sales may provide third party content on the Websites by framing or other methods. THE LINKS TO AND FRAMES OF THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED OR FRAMED WEBSITE IS NOT UNDER ARETT SALES’ CONTROL AND ARETT SALES IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED OR FRAMED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES THAT ARE LINKED TO THE WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party chooses to link to the Websites, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Arett Sales. In most cases, Arett Sales is not even aware that a third party has linked to the Websites. A third party website that links to the Websites: (i) may link to, but not replicate, Arett Sales’ Content; (ii) may not create a border environment or frame Arett Sales’ Content; (iii) may not imply that Arett Sales is endorsing it or its products or services; (iv) may not misrepresent its relationship with Arett Sales; (v) may not present false or misleading information about Arett Sales’ products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
8. COPYRIGHT AND TRADEMARKS. Arett Sales is the copyright owner or authorized licensee of all text and all graphics contained on the Websites. All trademarks and service marks of Arett Sales, or its subsidiaries or affiliates, that may be referred to on the Websites are the property of Arett Sales, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Websites are the property of their respective owners. Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Arett Sales’, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Arett Sales’ prior written permission. Arett Sales aggressively enforces its intellectual property rights. Neither the name of Arett Sales, its subsidiaries or affiliates, nor any of Arett Sales other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Websites or otherwise, without Arett Sales’ prior written permission, except that a third party website that desires to link to the Websites and that complies with the requirements of Paragraph 7(b) above may use the name “Arett Sales” in or as part of that link.
9. AVAILABILITY. Information that Arett Sales publishes on the Websites may contain references or cross-references to products, programs or services of Arett Sales, its sponsors, advertisers, partners, subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that Arett Sales, or any of its sponsors, advertisers, partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Arett Sales for information regarding the products, programs and services that may be available to you, if any.
10. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Websites with his or her UserID and password.
11. COPYRIGHT COMPLAINTS. Arett Sales owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Websites by third parties not within the control of Arett Sales. It is our policy not to permit materials known by us to be infringing to remain on the Websites. Please notify us promptly if you believe that any materials on the Websites infringe the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Arett Sales will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified or registered mail and marked “Copyright Infringement” to Arett Sales Customer Service, firstname.lastname@example.org.
12. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Websites at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Websites, to Arett Sales, to its sponsors, advertisers and partners, to the business of the Websites’ internet service providers, or to other information providers.
13. GOVERNING LAW. These Terms will be governed by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws.
14. LOCAL LAWS. Arett Sales makes no representation that content or materials on the Websites are appropriate or available for use in jurisdictions outside the United States. Access to the Websites from jurisdictions where such access is illegal is prohibited. If you choose to access the Websites from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Arett Sales is not responsible for any violation of law. You may not use or export the Content or materials on the Websites in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and imported into the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using the Websites, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Websites.
If you have additional questions or comments of any kind, or if you see anything on the Websites that you think is inappropriate, please Contact Us or by sending your comments to:
Arett Sales Corp.
Pennsauken, NJ 08110
Attn: Customer Care – Website Issues