1. SCOPE OF APPLICATION
Please read the Terms and Conditions of Use carefully. The Terms and Conditions of Use (“Terms”) set forth below shall apply to all users of GRYPHON GEAR, INC. (“Gryphon Gear™") Website referred to as www.gryphongear.com, (the “Website”), and purchasers of products through the Website. By your choice to use the Website or purchase products through the website, you agree, and are bound to these Terms and Conditions of Use. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Gryphon Gear™ provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing. Please be advised that the GRYPHON GEAR, INC. items available in our Online Shop are intended for knowledgeable outdoors people and may be purchased only by adults with a valid credit card account according to paragraph 2 hereafter.
2. YOUR ORDER
Gryphon Gear™ only sells products to adults who can purchase its products using a credit card. By purchasing a product using this Website, you represent to Gryphon Gear™ that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website of any purchase of Gryphon Gear™ products through your computer.
3. COMPLETION OF PURCHASE
Credit card payment is the only form of payment that Gryphon Gear™ accepts for products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Gryphon Gear™. The binding purchase agreement comes into existence only when Gryphon Gear™ accepts your order on the Website by sending you an email, a written communication, or by shipping the products ordered.
When Gryphon Gear™ is required by law to collect applicable taxes relating to your order, you authorize Gryphon Gear™ to charge the applicable taxes to your credit card.
5. RESERVATIONS AND EXCEPTIONS
Gryphon Gear™ reserves the right to change prices, terms, specifications and warranties for products on this Website at any time and without prior notice. Gryphon Gear™ attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered, and Gryphon Gear™. Online reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Gryphon Gear™ will inform you of the error at which time you may cancel or reaffirm your order at your option.
6. PRODUCT AVAILABILITY
Gryphon Gear™ products are built to order here in the USA as the orders are received. Delivery times may be up to 6 to 8 weeks. If delivery times are expected to exceed 8 weeks Gryphon Gear™ will inform you of the delay at which time you may cancel or reaffirm your order at your option.
7. TERMS OF PAYMENT
The purchase price for the products ordered by you is due at the time the order is placed. Any additional charges for shipping, handling, and any applicable taxes will be included and charged to your account at that time.
8. DELIVERY AND RESERVATION OF TITLE
The products ordered by you will be delivered to the address entered by you through a delivery service selected by Gryphon Gear™. You agree that the products ordered and sent to you remain the property of Gryphon Gear™ until full payment has been received by Gryphon Gear™.
9. WARRANTY AND LIMITATION OF LIABILITY
Gryphon Gear™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
10. PROHIBITION OF ASSIGNMENT
You may assign your contractual right under these Terms and Conditions of Use to a third party only with the prior written consent of Gryphon Gear™.
11. APPLICABLE LAW
By using this Website, you agree that the laws of the State of Michigan shall govern these Terms and Conditions of Use without giving effect to any conflict of laws principles. Gryphon Gear™ reserves the right to make changes to the Website and these Terms and conditions of Use at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions of Use in effect at the time of you use or purchase.
13. DISCLAIMERS AND LIMITATIONS OF LIABILITY RELATING TO USE OF THE WEBSITE
The Website is provided on an “AS IS,” “as available” basis. Neither Gryphon Gear™ nor its affiliates, subsidiaries, of designees nor each of their respective officers, directors, employees, agents, third party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “affiliates”) warrant that use of the Website will be uninterrupted or error-free. Neither Gryphon Gear™ nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk. You agree that under no circumstances shall Gryphon Gear™ or its affiliates be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits of savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise of any other damages resulting from any of the following:
The use or the inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files of email errors, defects, viruses, delays in operation or transmission,
Any failure of performance, whither or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Gryphon Gear™ records, programs or services,
Any defect in goods, data, information or services purchased or obtained from a user or a third-party service provider through the Website,
Unauthorized access by Third Parties to data or private information of any user, or
Statements or conduct of any user of the Website.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages in such states liability is limited to the fullest extent permitted by law.
14. INTELLECTUAL PROPERTY
Gryphon Gear™ the Gryphon Gear™ logo and other Gryphon Gear™ product or service names, logos or slogans that may appear on the Website are trademarks or registered trademarks of Gryphon Gear™ and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gryphon Gear™ or the applicable trademark holder. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gryphon Gear™ and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by name trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Gryphon Gear™.
If you believe that anything on the website infringes upon any trademarks which you own or control, you may file a notification of such infringement with us by submitting the information as set out in 17 U.S.C. §512(c)(3). You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
15. COMPLETE AGREEMENT
You may not modify, delete or amend these Terms and Conditions of Use in any manner without the express written agreement of GRYPHON GEAR™.
The section headings used in these Terms and Conditions of Use are for convenience only and do not form a part of these Terms and Conditions of Use and no construction or inference shall be derived from them.
We may take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
Limit, suspend, or terminate your access to all or any part of our services,
Change, suspend, or discontinue all or any part of our Services,
Limit or delete your accounts and all related information and files in you account,
Establish general practices and limits concerning use of our Website.
18. USE OF WEBSITE
You must use this Website solely for your own personal or internal purposes. You agree that you shall not copy, reproduce or download any information, text images, directories, files, databases or listings available on or through the Website for purpose of re-selling the Gryphon Gear™ content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Gryphon Gear™ or otherwise commercially exploiting the Gryphon Gear™ content.
Unauthorized access to our Website is a breach of these Terms and a violation of the law. You agree not to access our Website by any means other than through the interface that is provided by Gryphon Gear™ for use in accessing our Website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Website, except those automated means that we have approved in advance in writing.
You hereby agree to provide Gryphon Gear™ with true, accurate, current and complete information. You should update all information timely to keep it true, accurate, current and complete.
In case you got a password from us, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. We will not be responsible for any loss or damage that may result if the user fails to comply with these requirements.
You hereby agree that you will not use our Website to take any of the following actions:
Post information containing false, fraudulent, in-accurate, misleading, defamatory, or libelous content (including personal informal information),
Violate any laws (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), third party rights, or our policies,
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Publish, post, upload, email, distribute, or disseminate (collectively, Gryphon Gear™) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content,
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, or sites, and any software or hardware, or telecommunications equipment,
Restrict or inhibit any other user from using and enjoying any public area within our Website,
Interfere with or disrupt our Website, servers, or networks,
Engage or promote in any illegal activities,
Harvest or otherwise collect information about users, including personal information and public information without Gryphon Gear™ consent, or
Otherwise create any liability for Gryphon Gear™ or its affiliates.
You hereby agree to indemnify and save Gryphon Gear™, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such user’s use of the Website (including but not limited to the display of such user’s information on the Website) or from its breach of any of the Terms and conditions of Use of this agreement.
You hereby further agree to indemnify and save Gryphon Gear™, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise directly of indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. Each user hereby further agrees that Gryphon Gear™ is not responsible and shall have no liability to it, for any material posted by others, including defamatory offensive or illicit material and that the risk of damages from such material rests entirely with each user.
20. RETURN POLICY
Please refer to our Return Policy for information on returning a product to Gryphon Gear™.
21. LIMITED WARRANTY
Gryphon Gear™ warrants that its products will be free from defects in materials and Gryphon Gear™ workmanship at the time of sale. This warranty does not cover damage of malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of god, or other causes external to the product.
Gryphon Gear™ makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
22. EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Gryphon Gear™'s sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the Gryphon Gear™ returns and exchanges policy. In no event shall Gryphon Gear™ be liable for special, indirect, incidental, consequential or punitive damages, including lost profits or loss of business, even if it has been advised of the possibility of such damages, nor shall the aggregate liability of Gryphon Gear™, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product relating to these terms or the purchase or use of any products or services purchased through the Website exceed the purchase price of the product or service.
Some jurisdictions do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
23. RESOLUTION OF DISPUTES
If a dispute arises between you and Gryphon Gear™, we shall attempt in the first instance to resolve such dispute through friendly consultation. We strongly encourage you to first contact us directly to see a resolution before you resort to other means. Accordingly you and Gryphon Gear™ agree that we will resolve any claim or controversy by binding arbitration.