When using particular services or features of the Site, in addition to these Terms, additional policies, payment terms or end user license agreements may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
TABLE OF CONTENTS
- OWNERSHIP OF SITE CONTENT
- YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
- REGISTRATION & ACCESS CONTROLS
- INFORMATION AND CONTENT YOU SUBMIT
- ACCEPTABLE USE POLICY
- REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
- SOCIAL DISTRIBUTION
- THIRD PARTY LINKS & CONTENT
- LINKING POLICY
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY; WAIVER
- LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS
- ARBITRATION/GOVERNING LAW/CLASS ACTION/DISPUTE RESOLUTION
- OUR RIGHT TO UPDATE THESE TERMS
- CONTACT US
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including, without limitation, graphics, layout, text, images, trademarks, logos, service marks, designs, information, data, advertising copy, past, present and future versions of the Site, domain names, source and object code and the “look and feel” of the Site ("Site Content") are owned, controlled or licensed by GMS, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of GMSas is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
You may visit our Site without further permission from GMS and GMS grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Site Content. This license is subject to your full compliance with these Terms. When you view or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of a duly authorized GMS employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Any and all rights to use the Site that are not expressly granted to you under these Terms are reserved for GMS or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way GMS’s rights to exploit fully any or all of the Site Content. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.
REGISTRATION & ACCESS CONTROLS
INFORMATION AND CONTENT YOU SUBMIT
The Site may provide you the opportunity to communicate with GMS via e-mail or other means, or publicly post product reviews or other content through the through the Site (collectively, "User Content").
Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to GMS that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to GMS.
GMS does not control the User Content made available via the Site and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content.
Rights You Grant to Us. Whenever you submit or otherwise make available User Content to GMS(including through use of a help, support, feedback, or “Contact Us” feature, or through a social media website) you: (1) grant to GMS an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you; and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize GMS to publish your User Content such that it may be accessed by users of the Site or the general public.
Right to Screen and Remove Content. We have no obligation to monitor the Sites or any User Content made available via the Sites. However, you acknowledge and agree that we have the right to monitor the Sites and User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Sites, subject to GMS’s sole discretion. GMS reserves the right to suspend or terminate your access to the Sites at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user’s User Content.
You acknowledge that GMS may be working on or developing material similar or the same in nature to your User Content and that GMS may have received similar or the same intellectual property rights from another party. GMS owes you no obligation connected to your submissions unless you and GMS enter a written agreement to that effect. Any discussion or negotiations between you and GMS regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
No Obligation to Use. You agree and understand that we are not obligated to keep or use your User Content in any way.
User Interactions. You are solely responsible for your interaction with other users, whether within the Sites or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.
ACCEPTABLE USE POLICY
When you contribute, upload, or otherwise provide your User Content to the Site, you agree to comply with the following requirements:
A. User Content must be your own. All User Content must be created by you and you must have all rights in the User Content OR all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, must have given you permission to upload and distribute the User Content on the Site and elsewhere. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. No third-party materials. Do not use any User Content that belongs to other people without their permission – this means you may not include any content owned or created by someone else, including, without limitation, content you found elsewhere on the Internet.
C. Only you, your friends, and family may appear in images or videos. If you upload photos, videos, or audio recordings to the Site, make sure they are of you or of you and someone you know – but only with their express permission to post it.
D. Follow codes of social decency. Be respectful. Do not make personal attacks. Harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical handicap or that are defamatory, indecent, obscene, pornographic or sexually explicit. If you think your User Content might offend someone, chances are it will – so it doesn't belong on the Site.
E. No User Content that is violent, illegal or promotes inappropriate activity. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. If you do upload or post User Content that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate in our sole discretion, including, without limitation reporting you to law enforcement.
F. Represent yourself truthfully. Do not impersonate any other person, GMS, or another company. Do not upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or GMS or any other company.
G. Keep private information private. Remember that User Content may be visible to others. Do not post personal information (for example, never reveal your passwords, phone number, address, email address or similar information) in any public forum on Sites. If there is something you do not want the world to see, do not post it on the Site. And, what is true for you is true for others. Your User Content may not reveal another person's address, phone number, email address, or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
H. Use caution when interacting with others. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
I. No User Content for commercial purposes. Your User Content may not advertise or promote a product or Site. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
J. Do not damage the Site or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use a Site for any purpose or in any manner that infringes the rights of any third party. GMS encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), GMS has a designated agent for receiving notices of copyright infringement and GMS follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GMS’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on a Site violates your rights other than copyrights, please provide GMS with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or other complaint regarding alleged violation of rights to GMS’s copyright agent, who can be reached as follows:
Mailing Address: 70 Eastgate Dr. Danville, IL 61834, Attn: Head of Marketing
E-mail Address: firstname.lastname@example.org
NOTE: This email address is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
GMS will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
GMS may allow you – but only through express written permission or via GMS-provided functionality on the Site – to engage in certain personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, a Site may allow you to send Site Content to friends or post Site Content on a third party web site. You understand that only GMS can make claims, promises or statements on behalf of GMS about its products and services and agree not to do so. You also agree that you will not imply that you and GMS are affiliated in any way or that GMS approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
THIRD-PARTY LINKS & CONTENT
There may be links from the Site, or from communications you receive from GMS, to third-party websites or online features. The Site also may include third-party content that we do not control, maintain or endorse.
NEITHER GMSNOR ITS SERVICE PROVIDERS ARE RESPONSIBLE FOR THE PRACTICES OF ANY THIRD PARTY. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT GMSIS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR INTERACTION WITH ANY THIRD PARTY.
GMS grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that GMS or the Site is endorsing or sponsoring any third party or its products or services, unless GMS has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in GMS’s sole opinion, harm GMS or its products or services; (d) must not use any GMS trademarks without the prior written permission from GMS; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in GMS’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, GMS reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, AND ANY PRODUCTS SOLD BY GMS THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GMS AND ITS PARENT COMPANIES, AFFILIATED ENTITIES, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "GMS PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE AND THE SITE CONTENT; (B) PRODUCTS SOLD BY GMS THROUGH THE SITE; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GMS OR VIA THE SITE. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GMS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
THE GMS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GMS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THE GMS PARTIES DO NOT WARRANT THAT YOUR USE OF A SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GMS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING A SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
LIMITATION OF LIABILITY; WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE GMS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO: (A) THE SITE OR THE SITE CONTENT; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GMS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (G) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GMS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN NO EVENT WILL THE GMS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, TO GMS FOR (A) PRODUCT(S) ORDERED THROUGH THE SITE OR TEN UNITED STATES DOLLARS ($10.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE GMS PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE GMS PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY GMS PARTIES, OR FOR THE GMS PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GMS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GMS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GMS PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
The Site may offer products or services for sale and your transaction may be subject to additional sales terms and policies (which will be considered Additional Terms for purposes of these Terms). You agree to pay all applicable fees and any applicable taxes. GMS may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Sometimes the Site may offer products for sale where the transaction is facilitated by the operator of a third party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, GMS shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. GMS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, GMS will issue a credit to your credit card account in the amount of the charge. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
Your receipt of an electronic or other form of order confirmation does not signify GMS’s acceptance of your order, nor does it constitute confirmation of GMS’s offer to sell. GMS reserves the right at any time after receipt of your order to accept or decline your order for any reason. GMS reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. GMS may require additional verifications or information before accepting any order.
GMS reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if GMS believes your conduct violates these Terms. GMS also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or GMS. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Service, or upon demand from GMS, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
GMS also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.
LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS
GMS controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. The information, products, and services provided on the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GMS to any registration requirement within such jurisdiction or country. Anyone using or accessing the Site from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION
BOTH YOU AND GMS WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND GMSWAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these Terms and your use of our Site is governed by the laws of the State of Delaware, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, GMS shall be entitled to seek injunctive or equitable relief in the state and federal courts in New Castle County, Delaware and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth elsewhere in this section, any claim, suit, action or proceeding arising out of or relating to these Terms will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Dallas, TX; Chicago, IL; New York City, NY; Los Angeles, CA; or Atlanta, GA (whichever is closest to your residence) or – where required by the JAMS rules – in or near your hometown. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in New Castle County, Delaware. GMS agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these Terms or the Site, provided that nothing in these Terms will restrict a California resident’s right, if any, to pursue public injunctive relief as permitted by law and as otherwise in accordance with this section.
The failure of GMS to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit GMS;s rights with respect to such breach or any subsequent breaches. No waiver by GMS of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of GMS. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. GMS may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without GMS’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against GMS by virtue of GMS having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by GMS. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).
OUR RIGHT TO UPDATE THESE TERMS
GMS reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.
Address: 70 Eastgate Dr. Danville, IL 61834