Gorman & Company, LLC (“Gorman,” “we,” “us,” “our”) provides access to its website, and may provide certain services to you through this website, located at www.gormanusa.com (the “Website”). By using the Website, you agree to follow these Terms of Service (“Terms” or “Terms of Service”). When these Terms of Service refer to “use” of the Website, the term “use” is intended to be broadly construed to include any direct or indirect access to or use of the Website or any information or data included on the Website.

1. Changes to Terms of Service

Gorman reserves the right to change these Terms of Service in its sole discretion without advance notice. Changes to these Terms of Service become effective on the date when the updated Terms of Service are published on the Website. By using the Website after a change in the Terms of Service, you agree to follow and be bound by the Terms of Service as amended.

2. Modifications to the Website and Services

Gorman reserves the right to modify in whole or in part, or temporarily or permanently discontinue, the Website or any products, services or content contained on the Website for any reason and at any time and without notice to you.

3. Website Availability

Gorman periodically schedules system downtime for maintenance and other purposes and the Website may be unavailable due to unplanned system outages or circumstances outside of Gorman’ control. Gorman shall have no liability to you or third party whatsoever for the resulting unavailability of the Website or for any loss of data, late payments, or delayed transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

4. Website Errors

Gorman attempts to provide the most recent, accurate, and reliable information on our Website. However, there may be occasions when information featured on our Website may contain typographical errors, incomplete data, inaccuracies. We do not warrant that the information accessible via these Website is accurate, complete or current. We reserve the right to correct errors and to update product information at any time.

5. Security

The Website may utilize both secure and non-secure sections and pages. Gorman uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Website. Before submitting any sensitive data using the Website, be sure your web browser displays a secure web address beginning with “https://…” Gorman cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Gorman. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology to improve the protection of customer information.

6. Account and Membership Information

Certain portions of the Website may allow you to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information. By creating an account, subscribing or submitting information to Gorman through the Website, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to these Terms of Service; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information.

Furthermore, by creating an account, subscribing or submitting information to Gorman through the Website, you expressly grant Gorman, its affiliate, or third party service provider the right to communicate with you via e-mail, mail, fax or telephone.

You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Gorman reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.

7. Third Party Website

These Terms of Service do not apply to any other website owned or operated by any third party retailer, supplier or service provider; even if such third party links to the Website owned by Gorman or Gorman links to that third party website. Accordingly, these Terms of Service do not apply to the practices of any third party, affiliate, or business partner that Gorman does not own or control. Additionally, the owners of social media services may have additional terms and conditions that supersede these Terms of Service depending on a user’s own personal preferences with that social media provider. You acknowledge that Gorman does not control such third party websites and is not responsible for any content, services, products or practices of such third parties.

8. Other Agreements and Policies

These Terms of Service relates only to your use of the Website and is further subject to Gorman’ Website Privacy Policy [insert link] (which governs Gorman’ policy with respect to collection and use of information through the Website).

9. Payments and Credit Card Processing

Portions of the Website allow you to make payments to Gorman for various services, including but not limited to rental payments, deposits, or other services. To make a payment, you will first access the payment page on the Website. However, the actual credit card payment processing will be handled by a third party credit card processing service provider engaged by Gorman for such purpose, and you will be directed to a secure portion of that credit card processor’s website. You will be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant Gorman the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You agree that by placing an order on the Website, you are entering into a binding contract with Gorman and agree to pay all charges that may be incurred by you or on your behalf through the Website, in the amounts stated in your invoice or bill for such services. In addition, you remain responsible for any taxes that may be applicable to your transactions.

10. Ownership of Website Content

Gorman, its affiliates or its third party licensors own all copyrights, trademarks, trade dress and other intellectual property contained on the Website or contained in email correspondence you may receive through the Website (“Content”). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of Content on the Website as a whole. You shall not use any Content for any purpose without the prior written consent of Gorman or the respective owner of such Content.

11. User Feedback and Product Reviews

Portions of the Website may allow users to submit product reviews and Gorman welcomes user and customer comments regarding the Website and Gorman products and services. However, any non-personal information you transmit to Gorman through the Website is not, and will not be treated as private, confidential or proprietary. We may make unrestricted use of any non-personal information you transmit to Gorman through the Website. If a portion of the Website enables you to post a product review that is intended to be public, any personal information you include in such public review will become public and Gorman shall not be liable to you for the disclosure of any personal information you include in a product review that is intended to be made public.

Should you post a review on the Website, you grant Gorman and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs and other marketing and advertising materials.

12. Unsolicited Ideas

Gorman welcomes feedback, questions and comments about its products, services and its Website. As a general policy, Gorman does not accept unsolicited ideas for products or services through the Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to the Website by e-mail or otherwise will upon submission become the sole and exclusive property of Gorman and may be used by Gorman for any purpose whatsoever, commercial or otherwise, without compensation to you.

13. Warranty and Liability Disclaimers

THE WEBSITE, THE CONTENT AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER Gorman NOR ANY PERSON ASSOCIATED WITH Gorman MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Gorman NOR ANYONE ASSOCIATED WITH Gorman WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Gorman DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

14. LIMITATION ON DAMAGES

IN NO EVENT WILL Gorman OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Gorman AND WHETHER OR NOT Gorman HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST Gorman THAT ARISES OUT OF THESE TERMS OF SERVICE OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Gorman TO YOU BE MORE THAN $100.

15. Governing Law and Jurisdiction

These Terms of Service, and Gorman’s operation of the Website, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Milwaukee County, Wisconsin or a federal court of competent jurisdiction in the Eastern District of the State of Wisconsin. You waive any objection to such jurisdiction or venue.

16. Dispute Resolution

You and Gorman agree that disputes related to these Terms will be handled through arbitration, except that either you or Gorman may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Gorman Platform or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting info@GormanUSA.com or by mail at 200 N. Main Street, Oregon, WI 53575. If your claim is not resolved within fifteen (15) days of the day you contact Gorman regarding your claim, you or Gorman may initiate a formal arbitration proceeding in accordance with these Terms.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION OR ANY OTHER SIMILAR TYPE OF CONSOLIDATION OF CLAIMS AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN WASHINGTON COUNTY, WISCONSIN, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.

You agree that any claim that you have against Gorman must be brought within twelve (12) months of the date that the claim arose.

17. Miscellaneous

If any provision of these Website Terms of Service, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Website Terms of Service, and the rest of these Terms shall remain in full force and effect. These Website Terms of Service supersede and cancel any prior written or oral agreement related to your use of any Website between you and Gorman and its affiliates and subsidiaries, which shall have no further force or effect.