Terms and Conditions
This website (the “Website”) is owned and operated by Gaudie and Company, LLC (hereinafter “Gaudie and Company”), a Texas limited liability company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and must immediately leave the Website.
Grant of Rights. As a user of this Website, Gaudie and Company grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the ToS and gaudie and company’s privacy and other policies as set forth on this Website, as may be amended from time to time without notice, all of which are specifically incorporated herein by this reference and may be collectively referred to herein as “Policies”. Gaudie and Company may terminate this license at any time for any reason.
Limitations on Use. The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content, except with Gaudie and company’s prior written permission, which may be withheld in Gaudie and Company’s sole discretion. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the Website architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Gaudie and Company’s prior written permission, which may be withheld in Gaudie and Company’s sole discretion. The Website is not meant for use by persons under the age of eighteen and Gaudie and Company will not knowingly collect any personally identifiable information (“PII”) from persons under the age of eighteen without verified parental consent.
Intellectual Property Rights.
Trademark Notice. Gaudie and Company, Gaudie and Company logo, and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or servicemarks of Gaudie and Company and may be registered in the United States or in other jurisdictions. Gaudie and Company’s trademarks, servicemarks and trade dress may not be used in connection with any product or service (i) that is not authorized by Gaudie and Company in writing prior to such use, in Gaudie and Company’s sole discretion; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Gaudie and Company; or (iii) in any manner that disparages or discredits Gaudie and Company. All other trademarks and/or servicemarks not owned by Gaudie and Company that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Gaudie and Company. The unauthorized use of any trademark and/or servicemark displayed on this Website is strictly prohibited.
Copyright Notice. All Content, including without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Gaudie and Company or its Content suppliers and is subject to and protected by copyrights and other intellectual property rights of Gaudie and Company, its affiliated companies, or licensors, as applicable. The compilation of Content on the Website is the exclusive property of Gaudie and Company and may not be copied for commercial use or distribution, nor modified or reposted to other sites.
Acknowledgment. By using the Website, you are hereby acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Gaudie and Company are and shall remain, except where owned by a third party, the sole and exclusive property of Gaudie and Company. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Gaudie and Company’s trademarks, service marks, trade dress or Content.
Linking to the Website. You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Gaudie and Company notice of such link by sending an email to firstname.lastname@example.org, and (c) you discontinue providing such link to this Website if requested by Gaudie and Company within twenty-four (24) hours of your receipt of such request. If you wish to provide a link to a section within the Website, you should forward your request to email@example.com and Gaudie and Company will notify you if permission is granted, and, if so, the terms and conditions of such permission.
Registration. Users of the Website who wish to purchase goods advertised and sold on the Website will be required to register by providing certain PII (sometimes hereinafter referred to as “Registration Information”) to Gaudie and Company, including, but not limited to, such user’s name, address, telephone number, email address and credit card information, in order to allow Gaudie and Company to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times during your use hereunder; (b) Gaudie and Company, and any successor companies thereto, may use your Registration Information and provide it to third parties for purposes of processing your orders and payments and providing notice thereof, for delivering your purchases, to let you know about additional products about which you might be interested, for customer service reasons and for such other purposes as are specifically set forth in and consistent with Gaudie and Company’s Policies or are otherwise permissible business uses or as required by law without notice; and (c) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration. The Company has put into place various physical, electronic and managerial procedures to safeguard and secure Registration Information. Please note, however, that one hundred percent security cannot be guaranteed. In the event that you opt to store any Registration Information on the Website, by doing so, and by your use hereof, you hereby acknowledge and agree that Gaudie and Company cannot assure the security and privacy of such information, and you hereby release and fully discharge Gaudie and Company from any liability for any claims, damages, expenses, costs or otherwise relating to same, arising under any theory of recovery, whether in tort, contract or otherwise, and fully assume all risk and responsibility associated with storing any Registration Information on the Website.
Limitations on Liability. You acknowledge and agree that:
The Website is provided on an “as is” basis. Gaudie and Company makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement, which are hereby expressly disclaimed. Without limiting the generality of the foregoing, Gaudie and Company does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;
Gaudie and Company may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;
In the event that third party content appears on the Website or is accessible via links from the Website, Gaudie and Company shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Gaudie and Company. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk;
Gaudie and Company’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Gaudie and Company’s returns policies. In no event shall Gaudie and Company, or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including, but not limited to, loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse or disclosure by any third party of any PII, (c) your failure to provide and maintain accurate PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website;
The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Gaudie and Company or anyone associated with Gaudie and Company has been advised or otherwise provided notice of the possibility of such damage, it being expressly understood and agreed that Gaudie and Company has no liability for or responsibility to mitigate such damage; and (b) are a fundamental condition of this Agreement and you would have no lawful access to the Website without such limitations;
Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, and some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall our liability to you for any claim exceed One Hundred US Dollars (US $100), which amount is acknowledged and agreed by you to be reasonable.
Force Majeure. Gaudie and Company shall not be in default under this ToS nor be liable for failure to observe or perform any provision hereof (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.
Indemnification. You hereby agree to and do hereby indemnify, save, and hold harmless Gaudie and Company and any of its officers, directors, shareholders, employees, subcontractors, licensees and agents, from any and all damages, liabilities, costs, expenses, claims and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or related to any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the ToS or Policies or your use of or conduct on the Website.
Gaudie and Company reserves the right to change, revise or modify at any time this ToS, the Policies or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website without prior notice. Therefore, please be sure to check the date of this ToS, the Policies and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. By using this Website, you agree to the TofS and Policies in place at the time of your use. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.
If there is a conflict between any oral or written representation made by any of Gaudie and Company’s employees, representatives, agents or vendors and any provision of this ToS, the ToS shall control without alteration or qualification, except as may be specifically modified by Gaudie and Company in writing. Except where specifically provided, the ToS shall control over any conflict or inconsistency with any other information provided on the Website.
No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Texas without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the competent state or federal courts located in the State of Texas, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.
The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
If you have questions or suggestions regarding this, please contact us by email at firstname.lastname@example.org