Terms & Conditions
Goorin Bros. provides website and other electronic Products and Services subject to the conditions set out below (“Conditions”). By using and shopping via Goorin Bros. website(s), Goorin Bros. telephone ordering, and other websites and existing or future Products and Services that expressly incorporate these Conditions (“Goorin Bros. Products and Services”), you accept these Conditions. In some instances, a particular Goorin Bros. Service or a product purchased through the Goorin Bros. Products and Services may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Goorin Bros. Products and Services.
Applicable Laws
Goorin Bros. makes no representation that content included in any Goorin Bros. Service is appropriate or available for use in locations other than in the United States, and access to the Goorin Bros. Products and Services from territories where their content is illegal is prohibited. Those who choose to access the Goorin Bros. Products and Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Goorin Bros. Service in violation of U.S. export laws and regulations.
Change of Terms
Goorin Bros. may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Goorin Bros. may give by any means, including, without limitation, by posting the revised Conditions on the Goorin Bros. Products and Services. You are responsible for reviewing the Goorin Bros. Products and Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Goorin Bros. Products and Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
Goorin Bros. reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Goorin Bros., and may be adjusted by Goorin Bros. at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation. All orders/purchases of Goorin products are subject to our Shipping/Return/Exchange Policy. Goorin products are protected by our one-year manufacturer’s defect policy.
Content
Copyright in the documents and material on the Goorin Bros. Products and Services is owned by or licensed to Goorin Bros.. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Goorin Bros. Products and Services are either the property of, or used with permission of, Goorin Bros.. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Goorin Bros. Products and Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Goorin Bros. Products and Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Goorin Bros. Products and Services without the written permission of Goorin Bros. or any third party that may own such trademarks or service marks. Goorin Bros. will aggressively enforce its intellectual property rights to the fullest extent of the law.
Submissions
All information, ideas, suggestions, or other communications you transmit to Goorin Bros. concerning the materials contained in the Goorin Bros. Products and Services will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Goorin Bros. will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.
For all of the content that you post or submit to the Goorin Bros. Products and Services, you grant Goorin Bros. a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Goorin Bros. and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Goorin Bros. for all claims resulting from any content that you supply. Goorin Bros. has the right but not the obligation to monitor any activity and to edit or remove any content. Goorin Bros. takes no responsibility and assumes no liability for any content posted by you or by any third party.
If you believe that your work has been copied and posted on the Website or Social channels in a way that constitutes copyright infringement, please send us a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and primary email address; (e) a written 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; and (f) 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 the copyright owner's behalf. You may file a notice of infringement with our designated Copyright Agent.
It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our copyright agent can be reached at support@goorin.com.
Upon receipt of a proper DMCA notice of infringement, we may promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”
Links to Other Sites and Products and Services
Links to other Internet sites and Products and Services operated by third parties, including Goorin Bros. vendors, do not constitute sponsorship, endorsement, or approval by Goorin Bros. of the content, policies, or practices of such linked sites or Products and Services. Goorin Bros. is not responsible for the availability, content, security, policies, or practices of linked sites or Products and Services, including, without limitation, the accuracy of content on linked sites or Products and Services and the privacy policies and practices of linked sites and Products and Services.
Electronic Communications
When you access or use the Goorin Bros. Products and Services, send e-mails to Goorin Bros., or receive electronic communications from Goorin Bros., you are, and consent to, communicating with Goorin Bros. electronically. Goorin Bros. may communicate with you by e-mail or by posting notices on one or more of the Goorin Bros. Products and Services. You agree that all notices, disclosures, agreements, policies, and other communications that Goorin Bros. provides to you electronically satisfy any requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
The material contained in the goorin bros. Products and Services has been checked for accuracy. However, goorin bros. Makes no warranties or representations as to such material’s accuracy, and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on the goorin bros. Products and Services is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Goorin bros. Disclaims any and all warranties, express or implied, for any products or Products and Services offered on the goorin bros. Products and Services, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any product warranty offered by the product’s manufacturer.
Under no circumstances will goorin bros., or any other party involved in creating, producing, or delivering the goorin bros. Products and Services or their respective directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive, or other damages, whether in contract, tort, or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use the goorin bros. Products and Services or any linked Products and Services or arising out of its contents or any errors or omissions in its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if goorin bros. Is expressly advised of the possibility of such damages. Goorin bros. Does not warrant or represent that your access to or use of the goorin bros. Products and Services or any linked Products and Services will be interrupted or free of errors or omissions, that defects will be corrected, or that the goorin bros. Products and Services or any linked Products and Services is free of computer viruses or other harmful components.
Under no circumstances will goorin bros., or any other party or their respective directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive, or other damages, whether in contract, tort, or otherwise, including negligence, arising in any way from any product or service sold or provided through the goorin bros. Products and Services, even if goorin bros. Is expressly advised of the possibility of such damages. In no event shall goorin bros. Liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless Goorin Bros. and its related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Goorin Bros. Products and Services.
Your Access to Goorin Bros. Products and Services
When you use the Goorin Bros. Products and Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and Products and Services through, the Goorin Bros. Products and Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Goorin Bros. sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Goorin Bros. Products and Services only with the involvement of a parent or guardian. Goorin Bros. reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Goorin Bros. Products and Services. In the event that Goorin Bros. denies you access to one or more Goorin Bros. Products and Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
Giveaways & Sweepstakes
Eligibility. Open to individual legal residents of the 50 United States and are the legal age of majority in their state of residence prior to the date of entry. Employees of Goorin Bros. are not eligible to participate.
Prize(s) and Winner Selection Method. Goorin Bros. will award a prize to one or more individuals who enter at the sweepstakes point of entry using the selection method identified below. The sweepstake will specify prize(s), how to enter, and when it begins and ends (which may be sooner than the end dates and times provided depending on the available supply of prizes). Potential winner(s) will be selected at random from among all eligible entries received. Odds of winning depend on the number of eligible entries received. If you are a winner, you will be notified by the method outlined.
Each prize will be awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. Goorin Bros. may substitute a prize with a prize of equal or greater value.
Other Sweepstakes. By entering a Sweepstakes, you will not be eligible to receive any prizes awarded in any other Sweepstakes unless you enter each Sweepstakes separately.
No greater than the number of prizes stated will be awarded. If any errors occur in the selection of a potential winner, or if more prizes are claimed than specified, Goorin Bros. may award the prize(s) by random drawing from among all eligible claimants.
Miscellaneous. Each Sweepstakes is governed by the laws of the United States. By entering a Sweepstakes, you agree (for yourself and your heirs) that Goorin Bros., and each of their respective affiliates and agents, and any entity involved in any aspect of the Sweepstakes (all aforementioned parties are collectively, the “Released Parties”) will have no liability, and will be held harmless from and against liability, loss, injury or damage to property or person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of any of the Released Parties.
You agree that Goorin Bros. decisions related to each Sweepstakes and all distribution of prizes are final. Each winner agrees that, by participating in a Sweepstakes, Goorin Bros. may use the winner’s name in any manner and in any medium for its promotional purposes.
