Terms & Conditions of Use of Website & Services
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and Goose & Gander Brand, LLC, a Florida limited liability company (hereinafter referred to as “us”, “we”, “our”, or "Website Owner"), the owner and developer of GooseGanderBrand.com. By using the GooseGanderBrand.com website and/or registering for any service provided on GooseGanderBrand.com you, or if applicable, the company or organization you are using any services on behalf of, become a client (hereinafter referred to as “you”, “your”, or "Client") and you agree to follow and be bound by all of the terms (the "Terms") set forth in this Agreement including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including but not limited to, the Return Policy, which are hereby incorporated into these Terms. "Services" refers to all services provided by us. If at any time you find these Terms unacceptable, or IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY GooseGanderBrand.com SERVICE or use the GooseGanderBrand.com website, YOU MAY NOT USE THE GOOSEGANDERBRAND.com website or services. YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU represent, warrant, understand, and agree that you have the right, authority, and capacity to abide by these Terms and you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction or you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use The GooseGanderBrand.com website. The Terms are subject to change at any time, effective upon notice to you.
GooseGanderBrand.com RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT WEBSITE OWNER’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE.
1. Limitations of Liability and Indemnification. By using any services provided by GooseGanderBrand.com, you agree that, to the extent not prohibited by law, in no event will GooseGanderBrand.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential, or similar damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by GooseGanderBrand.com or Website Owner shall be a return of any fees paid to GooseGanderBrand.com or Website Owner for any services provided under this Agreement. .These limits apply even if a stated remedy fails of its essential purpose. Note that some jurisdictions do not allow limits on certain liabilities, where this is the case, these limitations may not apply to you.
2. Indemnity. CLIENT AGREES TO INDEMNIFY AND HOLD GooseGanderBrand.com, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT BY CLIENT. CLIENT AGREES THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OF GooseGanderBrand.com OR ANY INFORMATION OBTAINED FROM OR THROUGH GooseGanderBrand.com, AND CLIENT AGREES TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. CLIENT WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF CLIENT’S USE OF GooseGanderBrand.com AND ANY INFORMATION ACCESSED FROM THIS WEBSITE.
3. Errors, Inaccuracies, and Omissions. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from GooseGanderBrand.com or Website Owner. GooseGanderBrand.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. There may be information on GooseGanderBrand.com containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Website Owner reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on GooseGanderBrand.com is inaccurate at any time without prior notice (including after you have submitted your order).
4. Links to Third Party Sites. GooseGanderBrand.com may contain links to Web sites controlled by parties other than GooseGanderBrand.com or Website Owner (each a "Third Party Site"). GooseGanderBrand.com may work with a number of partners and affiliates whose sites are linked with GooseGanderBrand.com. Both GooseGanderBrand.com and Website Owner are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. GooseGanderBrand.com makes no guarantees about the content or quality of the products or services provided by such sites. GooseGanderBrand.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. GooseGanderBrand.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GooseGanderBrand.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither GooseGanderBrand.com nor Website Owner are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Right to Monitor. GooseGanderBrand.com and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact GooseGanderBrand.com immediately. It is up to you to maintain the confidentiality of your password and account. GooseGanderBrand.com is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement. You understand and agree that if your use of the website’s services is determined by GooseGanderBrand.com, in its sole and reasonable discretion, to be offensive, obscene, or otherwise improper, GooseGanderBrand.com can terminate your use of the website immediately without prior notice and without any right of refund, set-off or a hearing.”
6. Confidentiality. GooseGanderBrand.com respects your privacy and permits you to control the treatment of your personal information. When you open an account to use or access certain portions of the website or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. Any passwords used for this website are for the Client’s individual use only. You will be responsible for the security of your password(s). From time to time, GooseGanderBrand.com may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. You may not use a third party's account, user name or password at any time. You agree to notify GooseGanderBrand.com immediately of any unauthorized use of your account, user name or password. Website Owner and/or GooseGanderBrand.com shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Website Owner and/or GooseGanderBrand.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. In connection with the use of certain GooseGanderBrand.com products or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to this Agreement. In addition, you grant GooseGanderBrand.com a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate GooseGanderBrand.com's rights at any time by removing your personal information from the applicable service.
It is agreed that all personal information given to GooseGanderBrand.com or Website Owner, will be kept confidential by GooseGanderBrand.com and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) may be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client; (4) collection of “cookies” and other meta data will be used to help improve your use of the Services and GooseGanderBrand.com; (5) personal information may be used for internal marketing; (6) your personal information may be disclosed in compliance with any third-party billing requirements; and/or (7) you have harassed another person via any service provided by GooseGanderBrand.com, in which case the confidentiality clause contained in this Agreement is rendered null and void. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the GooseGanderBrand.com reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Website Owner reserves the right to investigate suspected violations of this Agreement. Website and Website Owner reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing GooseGanderBrand.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. It is our policy to release a Client’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold GooseGanderBrand.com and Website Owner harmless from any claims resulting from any action taken by GooseGanderBrand.com during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either GooseGanderBrand.com or law enforcement authorities.
7. Ownership, Copyrights, Trademarks, Licenses. GooseGanderBrand.com and Website Owner own and retain all proprietary rights to the GooseGanderBrand.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of GooseGanderBrand.com and Website Owner. By posting information to GooseGanderBrand.com and Website Owner you represent that you have the right to grant permission for use by GooseGanderBrand.com and Website Owner.
8. User Generated Content. If, at our request, you send certain specific submissions (for example contest entries or motivational stories) or without a request from us you send creative ideas, suggestions, proposals, plans, stories, or other materials, whether through the internet, by email, by postal mail, or otherwise (collectively, “User Generated Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any User Generated Content that you forward to us. Website Owner and GooseGanderBrand.com are and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Website Owner and GooseGanderBrand.com may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Client agrees that its User Generated Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Client further agree that its User Generated Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. Client may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead Website Owner, GooseGanderBrand.com, or third-parties as to the origin of any User Generated Content. Client is solely responsible for any User Generated Content made and their accuracy. Website Owner and GooseGanderBrand.com take no responsibility and assume no liability for any User Generated Content posted by Client or any third-party.
By submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Website Owner, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Website Owner, GooseGanderBrand.com, or a third party to post User Generated Content to any public area of the Services, you grant Website Owner all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
In the event that you do not wish for Website Owner to use your User Generated Content, please do not submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Website Owner, and Website Owner makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you submit and you may be held legally liable for such User Generated Content. Website Owner reserves the right to remove any User Generated Content from the Services at any time and for any reason.
9. No Warranties. GooseGanderBrand.com and Website Owner provide the GooseGanderBrand.com services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, GooseGanderBrand.com and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
10. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, both as to interpretation, construction and performance, without regard to provisions of conflicts of law. The parties hereby (i) irrevocably consent, for themselves and their legal representatives, partners, successors and assigns, to the exclusive jurisdiction and venue of the Courts of the State of Florida, Broward County for all purposes in connection with any action or proceeding which arises from or relates to this Agreement and (ii) waives their respective rights to a trial by jury.
11. Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
12. Website Owner reserves the right to refuse any order you place with Website Owner. Website Owner may, in it sole discretion, limit and/or cancel quantities purchased per person, per household or per order. Such 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 Website Owner makes a change to and/or cancels an order, effort will be made to promptly notify Client by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Website Owner reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
13. Entire Agreement. This Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink or posted by Website Owner on the GooseGanderBrand.com website, or in respect to the Services, including but not limited to, the Return Policy, constitutes your entire Agreement with GooseGanderBrand.com and Website Owner with respect to any services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
14. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.