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.
- DISCLAIMERS
(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.
6. PRIVACY. Personal data that you provide regarding yourself
will be handled in accordance with Arett Sales’
Privacy Policy. Children under the age of 13 are prohibited
from submitting any personally
identifiable information. If we learn that a user under the age of 13 is
publicly posting or sharing personally identifiable information on or through
the Websites, then we will block that user from accessing those areas of the
Websites.
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, _____________________________.
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).
15. CUSTOMER COMMENTS. We welcome the submission of comments,
information or feedback through the Websites. By submitting information through
the Websites, you agree that the information submitted will be subject to the
Arett Privacy Policy.
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.
9285 Commerce Highway
Pennsauken, NJ 08110
Attn: Customer Care – Website Issues
800-257-8220
Please use our contact form if you'd like to send us an email.
Copyright © 2010 Arett Sales Corp. All Rights Reserved.
EFFECTIVE AS OF: January 1, 2010
LAST UPDATED: March 12, 2013