PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
1. Effective Date
This Agreement was last updated on March 18, 2013.
2. Acceptance of Terms
Gung-Ho Company ("Gung-Ho") and its suppliers and designees provide this site and the site-related services, (collectively, the "Site") subject to your compliance with the terms and conditions set forth below (the "Agreement"). By using the Site, you (“You”) are acknowledging that You agree to be bound by all of the terms and conditions of this Agreement.
3. Changes in Terms and Conditions and the Site
This Agreement outlines the legally binding terms and conditions for your use of the Site. We reserve the right to modify this Agreement from time to time, for any reason, without notice. You may identify whether we modified this Agreement by the Effective Date listed in Section 1 above.
Gung-Ho shall also have the right at any time to: (1) change the Site, including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Site; or (2) change any prices, fees, or charges related to the Site. Such changes shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Site or transmission via e-mail.
Use of our Site constitutes: (1) acknowledgement by You of our modifications; and (2) an agreement by You to abide and be bound by this Agreement and its modifications.
4. Site Content and Intellectual Property
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Gung-Ho or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Gung-Ho's prior written permission, except that the foregoing does not apply to your own material that You legally upload to the Site.
Copyright Notice. Copyright © 2013 Gung-Ho Company - All Rights Reserved Worldwide.
All Site Content, including site design, text, graphics, interfaces, and the selection and arrangements thereof, are copyrighted by Gung-Ho Company, a Nevada corporation. Permission is granted to electronically copy and to print hard copy portions of the Site for the sole purpose of interacting with Gung-Ho. In consideration of this authorization, You agree that any copy You make shall retain all copyright and other proprietary notices contained herein. You may not otherwise copy or transmit the contents of this Site either electronically or in hard copies. You may not alter the contents of this Site in any manner.
Service Marks. Gung-Ho's service marks include all names, marks, brands, logos, slogans, designs, trade dress, and other designations Gung-Ho uses in connection with its products and/or services. Clients and suppliers may refer to those products and/or services by the associated Gung-Ho service marks, provided that such reference is truthful, not misleading, and complies with the current "Gung-Ho Service Mark and Logo Use Policy." Clients and suppliers may not remove or alter any Gung-Ho service marks, nor may they co-logo Gung-Ho's products and/or services associated with their products and/or services. Clients and suppliers acknowledge Gung-Ho's rights in its service marks and agree that any and all use of such service marks shall inure to the sole benefit of Gung-Ho. Clients and suppliers agree not to incorporate any Gung-Ho service marks into their service marks, trademarks, company names, Internet addresses, domain names, or any other similar designations. All other service marks, trademarks, and trade names mentioned on this Site belong to their respective owners. All service marks and trademarks, whether registered or unregistered, are protected by U.S. and international trademark laws.
Third Party Sites. This Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Gung-Ho is not responsible for the availability of, or the content located on or through, any third party site. You should contact the site administrator or Webmaster for those third party sites if You have any concerns regarding such links or the content located on such third party sites.
Nothing in this Agreement shall be construed as conferring any license or right to any Gung-Ho intellectual property, whether by estoppel, implication, or otherwise.
6. User Conduct and Responsibilities
You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the Site.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations.
You represent and warrant that:
- You are an authorized user of this Site.
Any materials You transmit through or otherwise post to the Site are not unlawful material, including without limitation matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party.
All information that You provide to Gung-Ho when purchasing products and/or services on the Site is accurate and complete, including without limitation shipping information.
You will pay all charges incurred by You or any other members of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases.
Your use of the Site does not violate any local law or regulation, and You shall be responsible for any such violation(s).
7. Suspension, Termination
If You violate any of the terms in this Agreement, Gung-Ho may suspend or terminate your use of the Site.
8. Registration, Sign In
To submit orders You must register with our Site. In doing so, You represent and warrant that You are at least 13 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination.
During the registration process, You will specify your e-mail address and a password (your "Sign In Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Sign In Credentials. You agree to notify Gung-Ho immediately of any unauthorized use of your Sign In Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if You believe your password has been stolen or might otherwise be misused. Gung-Ho has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who signs in to the Site through your password does so with your consent and approval.
9. Void Where Prohibited
Although this Site is accessible worldwide, not all products and/or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. Gung-Ho reserves the right to limit the availability of the Site and/or the provision of any product and/or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such product and/or service that it provides. Any offer for any product and/or service made on the Site is VOID where prohibited.
10. Export Controls
You are responsible for complying with all applicable United States laws, rules, and regulations relating to export compliance. Without limiting the generality of the foregoing, You shall ensure that all of your content or data is not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, You will so notify Gung-Ho immediately and You will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules, and regulations. You further represent and warrant that You are not yourself subject to export restrictions imposed by any such laws, rules, and regulations.
11. International Orders and Shipping
Due to customs taxes that may be incurred during delivery to international locations, additional charges may apply to your order. Shipping delays may occur if local holidays are being observed.
12. Cancellation of Orders
You may cancel an order placed with Gung-Ho provided that Gung-Ho receives the cancellation prior to the manufacturing of the product or the performance of services relating to your order. You agree that You will be responsible for all charges related to work performed by Gung-Ho prior to the receipt of your cancellation, which will include the entire cost of your order (excluding shipping) in the event that Gung-Ho has commenced production prior to the receipt of your cancellation. If You wish to cancel an order, please contact Gung-Ho Customer Service.
13. All Sales Final, Guarantee, Returns, and Refunds
Since each order is custom made for You and has no resale value, all sales are final. However, Gung-Ho guarantees all of its products and/or services against defects in materials and workmanship provided the products have not been misused or modified. Any claims for repair or replacement must be made by You in writing within seven (7) days after receipt. Returns cannot be made without prior written authorization and an RMA number. Defective goods must be returned immediately after authorization. Repair or replacement will be subject to receipt and inspection by Gung-Ho. If we cannot remedy the problem, we will issue a refund. The undisputed part of an order is due under regular terms. THIS LIMITED WARRANTY SETS FORTH THE ENTIRE EXTENT OF GUNG-HO’S LIABILITY FOR DEFECTIVE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. IN NO EVENT WILL GUNG-HO BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCURRED BY PURCHASER OR ANY OTHER PERSON. IF FOR ANY REASON THE FOREGOING LIMITIATION ON LIABILITY IS VOIDED OR IS NOT EFFECTIVE, YOU AGREE THAT GUNG-HO’S LIABILITY FOR DAMAGES, IF ANY, SHALL NOT EXCEED THE PAYMENTS MADE BY YOU FOR ANY DEFECTIVE PRODUCT, NET OF INSURANCE, TAXES, SHIPPING, AND SIMILAR EXPENSES. All claims for defects shall be deemed waived unless presented in writing within seven (7) days after receipt.
14. Disclaimer of Warranty, Limitation of Liability
THE SITE INCLUDING ANY CONTENT CONTAINED WITHIN IT, ANY PRODUCT AND/OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY GUNG-HO OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
UNDER NO CIRCUMSTANCES SHALL GUNG-HO OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GUNG-HO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT AND/OR SERVICE OFFERED OR SOLD THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL GUNG-HO'S AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY ARISING FROM ANY ORDER MADE THROUGH THE SITE EXCEED THE TOTAL PRICE OF SUCH ORDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Gung-Ho, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any material You upload to the Site, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party.
You agree to indemnify and hold Gung-Ho harmless from any claims and to reimburse Gung-Ho for any fees or expenses that may be assessed (a) as a result of a recipient's address being incorrect, (b) if the package has to be returned to Gung-Ho due to incorrect address information, and (c) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account.
A request for Signature Release on any package authorizes Gung-Ho to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless Gung-Ho from any resulting claims.
Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
No Conflict. In the event there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.
Waiver and Severability of Terms. The failure of Gung-Ho to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Gung-Ho. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Enforceability. In the event any collection effort is initiated or any legal action is brought to interpret or enforce any of the terms or conditions of this Agreement between the You and Gung-Ho, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses incurred including attorneys’ fees whether such action is prosecuted to judgment or not. Any term or condition set forth herein which is prohibited by law shall be ineffective to the extent of such prohibition; but such prohibition shall not invalidate the remaining terms and conditions, all of which shall remain in force and effect to the full extent permitted by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law provisions. You and Gung-Ho agree to submit to the exclusive jurisdiction of the courts of Washoe County in the State of Nevada.
Statute of Limitations. You and Gung-Ho agree that any cause of action arising out of or related to our products and/or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms above.
Terms and Conditions Contact Information
If you have any questions, concerns, or comments about our Terms and Conditions, you may contact us by phone at +1 775 831 3700 or send an e-mail to email@example.com.