GENTENT SAFETY CANOPIES, LLC TERMS AND CONDITIONS
1. OVERVIEW OF TERMS AND CONDITIONS
You are required to read the provisions in this User Terms and Conditions (these “Conditions”) and agree to it as it relates to your use of the GenTent Safety Canopies, LLC services and platforms, including your purchase of items through our website and your use of all our social media channels (collectively, our “Services”). Additional terms and conditions may apply when you use certain parts of our Service. Please, read all the terms and conditions.
You are also expected to print a copy of these Conditions for future reference and read all other policies and agreements established through the GenTent Safety Canopies, LLC website, including our Privacy Policy and Cookies Policy.
In these Conditions, “GenTent Safety Canopies, LLC” or “we” or “us” or “our” refers to GenTent Safety Canopies, LLC and subsidiaries while “you” or “user” or “your” refers to anyone accessing our website and/or purchasing items through it.
Your use of our Services constitutes your acceptance of these Conditions. If, otherwise, you do not agree to be bound by provisions in these Conditions; you do not have our permission to use our Services, including accessing our website and purchasing from us.
2. BY USING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
BY USING OR OTHERWISE ACCESSING THE WEBSITE, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS AND CONDITIONS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEBSITE OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICE OR ANY CONTENT IS TO STOP USING THE SITE.
These Terms and Conditions May Change
GenTent Safety Canopies, LLC reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting such changes. Please check the Terms of Use page periodically for changes. The continued use of the Site and the Service following the posting of changes to these Terms and Conditions indicates that you accept those changes. If you have any questions or would like further clarification, please e-mail us at customercare@gentent.com.
Additional Terms and Conditions May Apply
The disclaimers, terms, and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by GenTent Safety Canopies, LLC, including on any particular page of this Site or through the Services, or a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of the specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Termination of Services for Non-compliance
If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Website.
We May Discontinue or Alter Any Aspect of the Site
We may discontinue or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Website, at our sole discretion and without prior notice or liability.
3. AUTHORIZED USERS
Definitions
The terms “you,” “your” or “User(s)” refers to any individual accessing the Website for his/her purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are an authorized representative of such entity or another person, that you have the authority to bind such entity or another person to these Terms and Conditions, and that your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.
Authorization to Use this Site
You hereby confirm to GenTent Safety Canopies, LLC that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
4. ORDERS AND PAYMENTS
4.1 Placing orders on the website: To purchase an item on the website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. When you are issued with the order details, it does not mean we have accepted and processed your order. A notice of order approval will be forwarded to your email address if we approve the order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
By placing an order for any item via the website, you hereby agree to these Conditions and any other additional terms and conditions attached to that item.
4.2 Pricing: The items on the website are available in the US Dollars (USD) and are exclusive of the relevant Value Added Tax (VAT), shipping duties, and shipping fees. If you are to pay for shipping, it will be added to the price of the item upon checkout. The total fees for your order shall be listed in your order details, which includes VAT, shipping fees (if applicable), and shipping duties. However, this does not include the relevant payment method charges.
4.3 Payments: You may pay for any item using the available payment methods during order checkout. The supported payment methods include PayPal and Credit Cards such as American Express, MasterCard, and Visa. When you submit the relevant payment information, your payment method will immediately be charged after placing the order. By placing an order via the website and by submitting your payment information, you agree to be charged for the relevant charges as described in the order details. You also agree to our use of your payment information and other information we collect as described in our Privacy Policy.
5. DELIVERY OF ITEMS AND RISK OF LOSS
5.1 The item(s) you have placed an order for will be delivered to any shipping address you provided through the billing and shipping page. You are responsible for providing accurate shipping information to enable a prompt and successful delivery of your item(s). To know more about the shipping and delivery of your item(s), please see our Shipping page.
5.2 The title and risk of loss are automatically passed to you upon successful shipping of your item(s). If your item(s) gets lost due to wrong shipping information provided by you, the liability will be yours to bear. GenTent Safety Canopies, LLC will not be liable to you if an item gets lost or damaged after a successful delivery or the item gets lost due to the wrong shipping information you submitted during order checkout.
5.3 Furthermore, all notices regarding your order and its delivery will be passed across to you via your email address. You are obligated to provide a valid email address during order checkout. We will not be responsible for the lack of information due to an invalid or wrong email address submitted by you.
6. PRIVACY POLICY
GenTent Safety Canopies, LLC cares about the information collected from you and your privacy. Any information you share with us when you place an order through the website, including shipping, payment, and other personal information are collected for specific purposes. The information you submit is governed by our Privacy Policy, which describes our processing activities regarding your information (data). By submitting information when you order through the website, you agree to how we process your information as described in our Privacy Policy.
7. SUBMISSIONS (REVIEWS)
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages and our email address. By sending us reviews, you agree that the moral rights you have over the review has been waived by you and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you have sent will not be:
(i) Inaccurate, false, or misleading;
(ii) Reflective of a paid-for review;
(iii) Copied from another website or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
(iv) Offensive, threatening, racial, or libelous; or
(v) Contain any computer worms, virus, or other computer programs that are able to damage the website, or any network connected to it
8. RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”), are protected by the United States and international trademark and copyright laws, are owned or controlled by GenTent Safety Canopies, LLC, and must only be used for certain approved purposes as established by GenTent Safety Canopies, LLC. You may only view or download Content from this Site for your use or as otherwise expressly authorized by GenTent Safety Canopies, LLC.
Limited License
GenTent Safety Canopies, LLC hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by GenTent Safety Canopies, LLC. If you do not comply with the Terms of Use at any time, GenTent Safety Canopies, LLC reserves the right to revoke the aforementioned license(s), limit your access to the Site, or restrict your ability to post or download Content, which may include the ordering of products and services.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Website is STRICTLY PROHIBITED without the prior written consent of GenTent Safety Canopies, LLC or unless expressly permitted by this Website. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by GenTent Safety Canopies, LLC. The copying posting, linking, or another use of Content from this Website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting GenTent Safety Canopies, LLC in writing at the address listed below.
Trademarks
The trademarks, logos, service marks, and trade names (collectively the "Trademarks") of GenTent Safety Canopies, LLC or any third party displayed on the Site or content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Third-Party Rights
Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. GenTent Safety Canopies, LLC and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
9. COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of GenTent Safety Canopies, LLC. The collective work includes works that are licensed to GenTent Safety Canopies, LLC. Copyright 2011, GenTent Safety Canopies, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with GenTent Safety Canopies, LLC or purchasing GenTent Safety Canopies, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with GenTent Safety Canopies, LLC or to purchase GenTent Safety Canopies, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by GenTent Safety Canopies, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
10. THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, GenTent Safety Canopies, LLC may link to sites operated by third parties. However, even if the third party is affiliated with GenTent Safety Canopies, LLC, GenTent Safety Canopies, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GenTent Safety Canopies, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GenTent Safety Canopies, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
11. INTELLECTUAL PROPERTY
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to GenTent Safety Canopies, LLC and are subject copyright, trademark, and other intellectual property rights under the United States of America (“USA”), foreign laws, and international conventions. The Website Content includes, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of GenTent Safety Canopies, LLC in the US and other parts of the world. The GenTent Safety Canopies, LLC trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
GenTent Safety Canopies, LLC provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
12. TERRITORIAL RESTRICTIONS
We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
13. EXPORT CONTROL
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.
14. WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied, except for the warranty on workmanship if such is included in a product offering. To the fullest extent permissible pursuant to applicable law, GenTent Safety Canopies, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. GenTent Safety Canopies, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GenTent Safety Canopies, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
15. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE AND/OR SERVICES.
16. TYPOGRAPHICAL ERRORS
In the event that a GenTent Safety Canopies, LLC product is mistakenly listed at an incorrect price, GenTent Safety Canopies, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GenTent Safety Canopies, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GenTent Safety Canopies, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
17. TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by GenTent Safety Canopies, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
18. NOTICE
GenTent Safety Canopies, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to GenTent Safety Canopies, LLC.
19. PARTICIPATION DISCLAIMER
GenTent Safety Canopies, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GenTent Safety Canopies, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GenTent Safety Canopies, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to GenTent Safety Canopies, LLC in its sole discretion.
20. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GenTent Safety Canopies, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
21. SEVERABILITY
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
22. GOVERNING LAW
You agree that the Website does not give rise to personal jurisdiction over GenTent Safety Canopies, LLC, either specific or general, in jurisdictions other than the laws of the States of New Hampshire, USA. Any claim or dispute between you and GenTent Safety Canopies, LLC that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in New Hampshire, USA. Those who do not choose to access the GenTent Safety Canopies, LLC do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
23. COPYRIGHT NOTICES
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
· your address, telephone number, and email address;
· a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
· Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at customercare@gentent.com.
24. CONTACT US
For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.