Terms of Use
LAST UPDATED: January 6th, 2021
As a convenience to you and conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”), Ginsey Industries, Inc. (“Ginsey”) grants you access to its website, which is accessible via http://www.ginsey.com (the “Site”), where you may learn about Ginsey products and purchase Ginsey products. For the purposes of these Terms of Use, “Content” means, collectively, any content, including any text, software, source code, applications, specifications, images, audio files, articles and other information or content available on or through the Site.
You are also subject to the Ginsey Privacy Policy, which is available at https://www.ginsey.com/pages/privacy-policy (the “Privacy Policy”). Please read these Terms of Use and the Privacy Policy carefully. By accessing or using the Site, you agree to these Terms of Use and you consent to the collection and use of your personally identifiable information as described in the Privacy Policy. If you do not agree to these Terms of Use and consent to the collection and use of your personally identifiable information as described in the Privacy Policy, you must exit the Site immediately and discontinue any use of the Content.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and non-commercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer or sell the Content, other than for your use of the Site as expressly permitted in these Terms of Use; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of the Content; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content solely for your own non-commercial use. Any other use of the Content, including the modification, reproduction, distribution, republication, display or transmission of the Content, without Ginsey’s prior written permission is strictly prohibited.
If you submit any unsolicited suggestions or materials, including any ideas, comments, suggestions or the like (collectively, “Information”), such Information will be treated as non-confidential and non-proprietary. By submitting Information to Ginsey, you agree that Ginsey is free to use the Information for any purpose whatsoever, including developing, manufacturing and marketing products and services using Information and/or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information, without limitation and without compensating you. Furthermore, by submitting Information to Ginsey, you agree that you are giving up all intellectual property rights you have in such information, including any moral, publicity and privacy rights.
COPYRIGHTS
The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of Ginsey and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Ginsey’s prior written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Ginsey grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. The Content owned by Ginsey’s licensors may be subject to additional restrictions.
TRADEMARKS
All trademarks, service marks, trade names and tradedress, whether registered or unregistered, (collectively, the “Marks”) that appear on the Site are proprietary to Ginsey or other respective owners that have granted Ginsey the right and license to use such marks. You may not display or reproduce the Marks other than with Ginsey’s prior written consent, and you may not remove or otherwise modify any trademark notices from the Content.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Ginsey respects the intellectual property of others and we ask you to do the same. Pursuant to 17 U.S.C. Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Ginsey will process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Ginsey will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ginsey with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- 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 Site;
- your address, telephone number and email address and all other information reasonably sufficient to permit Ginsey to contact you;
- a 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;
- 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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to: 2078 Center Square Road Swedesboro, NJ 08085.
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING GINSEY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT RELATED QUESTIONS AND REQUESTS OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM & TERMINATION
Ginsey may, with or without cause, immediately terminate these Terms of Use and deny you access to the Site. Without limiting the foregoing, Ginsey has the right to immediately terminate your right to access the Site in the event that you breach these Terms of Use or engage in conduct that Ginsey, in its sole discretion, considers unacceptable. If these Terms of Use are terminated, you will no longer be authorized to access the Site. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws and General shall survive any termination of these Terms of Use.
THIRD PARTY LINKS
The Site may contain links to other websites that are owned and operated by third parties (the “External Sites”). Ginsey provides these links solely for your convenience. These links do not imply that Ginsey sponsors, endorses, is affiliated with or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through the External Sites.
Ginsey has no control over the External Sites, even if they are owned and operated by third parties that are affiliated with Ginsey. Each third party has its own privacy practices and Ginsey has no responsibility or liability for these practices or the content of any External Site. Therefore, you access the External Site at your own risk.
Nonetheless, Ginsey seeks to protect the integrity of the Site and the links it places on the Site and, therefore, requests your feedback on the External Site, including if a link to an External Site does not work. If you have any concerns regarding an External Site, you may also contact the administrator of that site.
DISCLAIMER
Ginsey makes no representations or warranties about the accuracy, completeness or suitability of the Content or the content of any External Sites. Ginsey does not filter advertisements or other content that children may view on or through the Site or the External Sites.
THE SITE AND the CONTENT, PRODUCTS and SERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT permitted by APPLICABLE LAW, Ginsey DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GINSEY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED oN THE SITE WILL BE UNINTERRUPTED OR SECURE FROM UNAUTHORIZED ACCESS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE FROM UNAUTHORIZED ACCESS. GINSEY DOES NOT MAKE ANY representations or WARRANTIES REGARDING THE USE OF THE Content IN TERMS OF its COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO GINSEY THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GINSEY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIErS, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF GINSEY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES OR MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL GINSEY’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS ($10).
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ginsey, its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.
APPLICABLE LAWS
Your use of the Site shall be governed in all respects by the laws of the State of New Jersey, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in the State of New Jersey. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
UPDATES
You agree that Ginsey may update these Terms of Use and the Privacy Policy at any time without prior notice to you. You can determine when these Terms of Use and the Privacy Policy were last updated by referring to the “Last Updated” notation at the top of these Terms of Use and the Privacy Policy. Any updates will become effective when we post the updated version of these Terms of Use or the Privacy Policy on the Site. Your continued use of the Site after we post an updated version of these Terms of Use or the Privacy Policy signifies your acceptance of the updated version.
NOTICES
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise on the Site, you must provide all feedback and notices to Ginsey via email at service@ginsey.com or mail at 2078 Center Square Road Swedesboro, NJ 08085.
Ginsey may provide notice to you hereunder by posting announcements to the Site.
GENERAL
Ginsey’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Ginsey may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of that or any other provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment or agency relationship exists between you and Ginsey as a result of these Terms of Use, the Privacy Policy or your use of the Site. Ginsey’s performance of these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use or the Privacy Policy is in derogation of Ginsey’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ginsey with respect to such use. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Ginsey with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ginsey with respect to the Site.