TERMS AND
CONDITIONS – REFUND POLICY
Agreement between user and
www.gabrass.com
Welcome to
www.gabrass.com. The www.gabrass.com website (the “Site”) is
comprised of various web pages operated by Georgia Brass LLC
(“GB"). www.gabrass.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein (the “Terms”). Your use of www.gabrass.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
www.gabrass.com
is a E-commerce Site
Georgia
Brass LLC provides the highest quality products and services available to the
reloading and competitive shooting communities.
Cancellation/Refund
Policy
Orders that have been shipped may be returned only with a Return Merchandise
Authorization (RMA) number for a full refund less any shipping and handling
charges. An RMA will be issued only in the event of a manufacturer’s defect. If a manufacturer’s defect is not present,
a 25% restocking fee will be applied and the customer will be refunded the
purchase price less the restocking fee and all shipping and handling charges.
Privacy
Your use of www.gAbrass.com is subject to GB’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting www.gabrass.com or sending emails to GB constitutes electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer your account to
any other person or entity. You acknowledge that GB is not responsible for
third party access to your account that results from theft or misappropriation
of your account.
GB and its
associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
GB does not
knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.gabrass.com only with permission of a parent or guardian.
Links to
third party sites/Third party services
www.gabrass.com may contain links to other websites (“Linked Sites”).
The Linked Sites are not under the control of GB and GB is not responsible for
the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. GB is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by GB of the site or any association with its
operators.
Certain
services made available via www.gabrass.com are delivered by third
party sites and organizations. By using any product, service or functionality
originating from the www.giabrass.com domain, you hereby acknowledge and
consent that GB may share such information and data with any third party with
whom GB has a contractual relationship to provide the requested product,
service or functionality on behalf of www.gAbrass.com users and customers.
No unlawful
or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access
and use www.gabrass.com strictly in accordance with these terms of use.
As a condition of your use of the Site, you warrant to GB that you will not use
the Site for any purpose that is unlawful or prohibited by these Terms. You may
not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with any other party’s use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Site.
All content
included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property
of GB or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by
all copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You will not
modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in
whole or in part, found on the Site. GB content is not for resale. Your use of
the Site does not entitle you to make any unauthorized use of any protected
content, and in particular you will not delete or alter any proprietary rights
or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the
express written permission of GB and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you
any licenses, express or implied, to the intellectual property of GB or our
licensors except as expressly authorized by these Terms.
Use of
communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another’s computer;
advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded, restrict or inhibit any other
user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws
or regulations.
GB has no
obligation to monitor the Communication Services. However, GB reserves the
right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. GB reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
GB reserves
the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in GB’s sole discretion.
Always use
caution when giving out any personally identifying information about yourself
or your children in any Communication Service. GB does not control or endorse
the content, messages or information found in any Communication Service and,
therefore, GB specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized GB spokespersons,
and their views do not necessarily reflect those of GB.
Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Materials
provided to www.gabrass.com or posted on any GB web page GB does not
claim ownership of the materials you provide to www.gabrass.com (including feedback and suggestions) or post, upload, input or submit to any GB
Site or our associated services (collectively “Submissions”). However, by
posting, uploading, inputting, providing or submitting your Submission you
are granting GB, our affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No
compensation will be paid with respect to the use of your Submission, as
provided herein. GB is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in GB’s sole discretion.
By posting,
uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your
Submission as described in this section including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the
Submissions.
Third Party
Accounts
You will be able to connect your GB account to third party accounts. By
connecting your GB account to your third party account, you acknowledge and
agree that you are consenting to the continuous release of information about
you to others (in accordance with your privacy settings on those third party
sites). If you do not want information about you to be shared in this manner,
do not use this feature.
International
Users
The Service is controlled, operated and administered by GB from our offices
within the USA. If you access the Service from a location outside the USA, you
are responsible for compliance with all local laws. You agree that you will not
use the GB Content accessed through www.gabrass.com in any country or
in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless GB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GB in asserting any available defenses. THE END USER IS RESPONSIBLE FOR CASE INSPECTION PRIOR TO RELOADING ALL BRASS PURCHASED FROM GB.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration
service
selected by the parties, in a location mutually agreed upon by the parties. The
arbitrators award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions,
the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action
Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER. Further, unless both you and Employer agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding.
Liability
Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. GEORGIA BRASS llc AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GEORGIA brass llc AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GEORGIA brass llc AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON- INFRINGEMENT.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEORGIA brass llc AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF GEORGIA brass llc OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access
restriction
GB reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed by
the laws of the State of Georgia and you hereby consent to the exclusive
jurisdiction and venue of courts in Georgia in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree
that no joint venture, partnership, employment, or agency relationship exists
between you and GB as a result of this agreement or use of the Site. GB’s
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of GB’s right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by GB
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and GB with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and GB with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to
Terms
GB reserves the right, in its sole discretion, to change the Terms under which www.gabrass.com is offered. The most current version of the Terms will supersede all previous
versions. GB encourages you to periodically review the Terms to stay informed
of our updates.
Contact Us
GB welcomes your questions or comments regarding the Terms:
Georgia
Brass LLC
9000 Amity Dr
Winston, GA 30187
Email
Address: dan@gabrass.com
Effective as
of September 01, 2016