By accessing and using this website provided by Guy & O’Neill, Inc. (“we” or “us”), you agree to comply with these terms of use (“Terms of Use”) and our privacy policy (“Privacy Policy”), which is incorporated herein by reference. Please read these Terms of Use carefully. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon their posting to this website. By continuing to access and use the website, you agree to be bound by any revised Terms of Use.
Ownership and Use
The information contained in this website is for general informational purposes only. The website and all of its content, features, and functionality (collectively, “Content”) are owned by Guy & O’Neill, Inc. or its licensors and are protected by copyright, trademark and other intellectual property laws (“Intellectual Property Laws”). Subject to your compliance with these Terms of Use, Guy & O’Neill, Inc. grants you the limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Content that we may make available from time to time on the website. You may not copy, modify, reproduce or publicly display, transmit, distribute or use the Content for any purpose other than personal, non-commercial use. Unauthorized use of the Content may violate Intellectual Property Laws. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
Third Party Websites
Through this website you may be able to access other websites that are not under the control of Guy & O’Neill, Inc. We have no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation or endorsement of the views expressed within them. If you decide to access any third-party websites linked to or from this website, you do so entirely at your own risk.
User Submissions
In submitting any material, information, idea or content (“User Submission”) to us via our website, you represent and warrant to us that you own or have the legal right to use such User Submission and that the content in the User Submission is true and accurate. User Submissions will be treated as non-confidential and non-proprietary. By submitting any User Submission, you grant us and our affiliates, and each of their and our respective licensees, successors and assigns, the nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such User Submissions for any purpose. We assume no responsibility for reviewing unsolicited ideas for our business. By submitting any User Submission to our website, you waive any right to compensation of any type for such User Submission. Users are prohibited from: (a) posting or transmitting to or from this website any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Guy & O’Neill, Inc., or (b) posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the intellectual property rights of any third party. You agree to indemnify us for any and all damages resulting from your User Submissions that violate these Terms of Use. We reserve the right to prohibit further User Submissions by any user for violation of these Terms of Use.
“AS-IS” CONTENT – WARRANTY DISCLAIMER
ALL INFORMATION MADE AVAILABLE TO YOU ON THIS WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. GUY & O’NEILL, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. GUY & O’NEILL, INC. FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT. THE WEBSITE AND CONTENT MAY BE OUT OF DATE. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL. GUY & O’NEILL, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEBSITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THIS WEBSITE OR ANY OF ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED OR ANY DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Guy & O’Neill, Inc., its affiliates and licensors, and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms of Use or your use of the website or its Content, including but not limited to your User Submissions.
Applicable Laws
These Terms of Use are governed by the laws of the State of Wisconsin, without reference to its conflicts of law principles. Any lawsuit or other legal proceeding arising out of, or related to, the subject matter of these Terms of Use, or your use of the website or the Content shall be instituted exclusively in the federal courts or state courts in Wisconsin with jurisdiction in Ozaukee County, Wisconsin. We also retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
General
No waiver by us of any term or condition set forth in these Terms of Use, and no failure by us to assert a right under these Terms of Use, shall be deemed a waiver of such term, condition or right. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to your use of the website and Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties.
