Please read the following Terms and conditions carefully 

Gerber Plumbing Fixtures, LLC, an Illinois limited liability company, and its affiliates (herein referred to as “Gerber”, “we,” “us” or “our”) provides this website for your personal entertainment, information, education, and communication. These terms of use are entered into by and between you and Gerber. The following terms and conditions (these “Terms of Use”), govern your access to and use of www.gerberonline.com, including any content, functionality and services offered on or through www.gerberonline.com (the “Website”). By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://gerberonline.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Use of the Website is void where prohibited. By using the Website, you represent and warrant that you are 13 years of age or older and that your use of the Website does not violate any applicable law or regulation. If you do not meet these requirements, you must not access or use the Website.

 

Changes to the Terms of Use  

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

 

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

To access the Website or some of the resources it offers, you may be asked to provide certain details or information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Intellectual Property

GERBER, the Gerber logo, and other Gerber trademarks and logos are registered and unregistered trademarks and service marks of Gerber (the “Gerber Trademarks”), and the trade dress of Gerber’s products is owned by Gerber. All other trademarks on the Website are the property of the respective trademark owners (the “Third-Party Trademarks”, and collectively with the Gerber Trademarks, the “Trademarks”). Unauthorized use of these trademarks is expressly prohibited and may be a violation of law. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of Gerber or the third party owner of such Trademark. The Trademarks may not be used to disparage Gerber or the applicable third party, Gerber’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Gerber’s prior written consent. All designs, Web pages and source code comprising the Website are copyrighted or licensed by Gerber. All rights reserved.

 

Restrictions on Use

All content and materials on the Website, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, (collectively, the “Content”) is the property of Gerber, or its licensors and is protected by United States and international copyright laws. The compilation of the Content on the Website is the exclusive property of Gerber and protected by U.S. and international copyright laws.

You may download Content from this Website and any other website owned, operated, licensed, or controlled by Gerber, provided: (i) the Content is used for non-commercial, personal use only; (ii) you keep all copyright and other proprietary notices intact, and (iii) do not use the Content in a manner that suggests an association with, or endorsement by, Gerber.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Gerber. Any use of the Website and/or its Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: policy@gerberonline.com.

 

User Content

You agree that you will not upload or transmit any remarks, suggestions, messages, ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“User Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other users, (xiv) involve commercial activities and/or sales without Gerber’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that Gerber endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph of another person that you have posted without that person's consent.

By submitting User Content to Gerber through the Website, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Gerber the worldwide, paid-up, royalty-free, perpetual, irrevocable, sub-licensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such User Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such User Content; and (b) use the User Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the User Content and the right to practice. Under no circumstances will Gerber be required to treat any User Content as confidential (subject to Gerber’s Privacy Policy). Gerber will be entitled to use the User Content for any purpose whatsoever (consistent with Gerber’s Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, Gerber will not be liable to you or any other person for any ideas for Gerber’s business (including, without limitation, product designs or ideas) derived from the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of Gerber.

You acknowledge that you are responsible for whatever User Content you submit, and you, not Gerber, shall have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

Gerber shall have the right to refuse to post or transmit all or any portion of any User Content. By way of example and not in limitation of anything else in these Terms of Use, Gerber shall also have the right, but not the responsibility, to refuse, remove or edit any User Content (in whole or in part) without notice to you. However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Reliance on Information Posted  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Gerber, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Gerber. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Links

The Website may link to other websites and resources owned and operated by third parties as a convenience to you. The inclusion of a link to such website does not imply endorsement by Gerber and/or the Website. You acknowledge that Gerber is not responsible for the operation of, or content located on or through, any third-party websites. If you decide to access any third-party website linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

You may link to www.gerberonline.com, and not to any other pages within the Website, provided the following: (i) you may not use the link to  imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with Gerber; (ii) aspects of the link may not be such as to damage or dilute the goodwill associated with Gerber’s names and trademarks; (iii) you may not display the Website, or any of the material on this Website, in frames on or within any other website without Gerber’s written consent; and (iv) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your website to ours, you are agreeing to be bound by these terms.

 

Geographic Restrictions  

The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GERBER NOR ANY PERSON ASSOCIATED WITH GERBER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GERBER NOR ANYONE ASSOCIATED WITH GERBER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GERBER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION (DISCLAIMER) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

 

Limitation on Liability  

IN NO EVENT WILL GERBER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION (LIMITATION OF LIABILITY) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

Indemnification  

You agree to defend, indemnify and hold harmless Gerber, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

IF YOU ARE A USER FROM NEW JERSEY, YOUR OBLIGATIONS UNDER THIS SECTION (INDEMNIFICATION) ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

Additional Terms

In order to participate in certain contests, promotions, or other special programs made available through the Website, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participating in the applicable contest promotion and/or other special program will be subject to these Terms of Use and the applicable Program Terms, provided, however, that in the event of a conflict between the Program Terms and these Terms of Use, the applicable Program Terms will govern.

 

 

Mobile Services

The Website includes certain services that are available via a mobile device, including the ability to browse the Website from a mobile device (the “Mobile Services”). To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

 

Miscellaneous

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Gerber Plumbing Fixtures, LLC and supersede all prior and agreements or communications with respect to the Website. If any provision of these Terms of Use is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. No waiver of by Gerber of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gerber to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Headings are for convenience only and have no legal import. These Terms of Use will be governed by the laws of the State of Illinois. Any court of competent jurisdiction sitting within DuPage County, Illinois will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or these Terms of Use, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

 

Your Comments and Concerns  

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: policy@gerberonline.com.