Welcome to the Gibbssports.com website (the “Site”). The following terms and conditions (“Terms and Conditions”) apply when you access the Site. This site is owned and operated by Gibbs Sports Amphibians Inc. (“Gibbs,” “we,” or “us”). The terms “the Site” and “gibbssports.com” are used interchangeably in these Terms and Conditions. By accessing the Site, you agree to be bound by the Terms and Conditions stated below.
Changes to Terms and Conditions
In Gibbs’ sole discretion, we may modify these Terms and Conditions from time to time, and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on the Site, including but not limited to, product colors, specifications, accessories, models, materials or other product or service features. By entering the Site, you acknowledge and agree that you are bound by such revisions. You should therefore review these Terms and Conditions whenever you enter the Site.
Contents of The Site and Your Use of the Contents
The Site includes materials in many formats, including images, illustrations, audio clips, video clips and text. All of this information is protected by copyrights that are owned by Gibbs or its affiliates. You may not copy, download, reproduce, republish, upload, post, transmit or distribute in any way materials from this Site. You also may not modify the materials or use the materials for any purpose other than your own personal, non-commercial, home use. Modifying or using the material in any other way is a violation of the copyrights and other intellectual property rights of the material owner. You also are prohibited from using the material on any other website or networked computer environment.
You will see various symbols (e.g., ®, ™) next to material on the Site. These marks show that the material is a registered or unregistered mark of Gibbs, an affiliate of Gibbs, or someone else. Nothing in the Site grants you any license or right to use any marks displayed on the Site without the written permission of the owner of the mark. You are strictly prohibited from misusing any of the marks or other materials on the Site. Gibbs makes no representation that the information on the Site is appropriate or available for use in locations other than the United States. If you choose to access the Site from a location outside the United States, then you do so on your own initiative and you are responsible for complying with any applicable local laws.
THE SITE IS INTENDED FOR VIEWING IN THE UNITED STATES FOR THOSE WHO ARE 16 YEARS OLD OR OLDER. If you are not an intended viewer, please do not use or view the Site. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, OR ANY PAGES THEREIN, AND/OR ANY SERVICE(S) OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADS, IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE SITE, ANY SERVICE(S) OF THE SITE, AND ANY DOWNLOADS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Information That You Submit on gibbssports.com
We welcome your comments regarding our products and our website. Any notes, messages, ideas, suggestions or other material that you send to us will become the property of Gibbs. We may use the material in any way we choose for as long as we choose without any restrictions. By sending us the material, you agree that we have the right to publish the material for any type of use including promotional and advertising purposes and that we do not owe you any compensation for using the material. Because we have an unlimited right to use whatever you send us without paying you any compensation, please do not send us any original creative materials such as artwork, stories, slogans or product designs.
Links to Other Sites
Gibbs does not make any representations or warranties regarding any other websites that you may access through a link from the Site. Gibbs does not control the content on non-Gibbs websites, and it does not control the goods and services offered through those websites. If you choose to access any third-party websites, you do so entirely at your own risk. A hyperlink on the Site to a third party’s website does not constitute Gibbs’ endorsement of the website or acceptance of any responsibility for the use or content of the hyperlinked website. It is your responsibility to take appropriate precautions to ensure that any website you link to from the Site is free from viruses, worms, Trojan horses, and any other items of a similarly destructive nature.
We make every effort to display the colors of our products included on the Site as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor’s display of any color is accurate.
The Site and the content of the Site are provided on an “AS IS” and “AS AVAILABLE” basis, and without warranties of any kind, either expressed or implied. Gibbs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and of noninfringement. Gibbs does not warrant that the content of the Site will be accurate, reliable or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Gibbs does not warrant or make any representations regarding the use or the results of the use of the content of the Site or in linked websites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that Gibbs shall not be liable for any damages of any kind related to your use of the Site. Some jurisdictions do not allow the exclusion of certain warranties, and to the extent that any of the foregoing disclaimers and limitations of warranty are not permitted in a jurisdiction, they do not apply in that jurisdiction.
Limitations on the Liability of Gibbs
Except in those jurisdictions that prohibit or restrict such provisions, neither Gibbs nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Site or from the use of, or the inability to use, the Site or information on the site. You specifically agree that Gibbs is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with Gibbs or any information on the site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCABLE FOR ANY REASON, THEN GIBBS’ ULTIMATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE DOLLAR ($1.00).
Termination of Agreement
These Terms and Conditions will continue as an agreement between you and us until we terminate them, which we may do at any time without notice to you. We also may terminate your right to use the Site immediately and without notice to you if, in our sole discretion, you fail to comply with any of these Terms and Conditions. If we do terminate your right to use the Site, then you are no longer authorized to access the Site. In addition, the restrictions we have imposed on you concerning copying or downloading information, and the disclaimers and limitations or liabilities that we have stated in the Terms and Conditions, will survive our termination of the agreement.
If you have concerns about the Site, we encourage you to contact us. But you agree that by accessing and using the Site, your access, use, and participation is subject to, and governed by, the laws of the State of Michigan, United States of America, without regard to Michigan’s conflict-of-laws provisions. You further agree that any action at law or equity arising from or relating to these Terms and Conditions must be filed in the Circuit Court for Oakland County, Michigan or in the United States District Court for the Eastern District of Michigan. You also agree that you unconditionally and irrevocably consent to the jurisdiction of those courts over any action at law or equity arising from or relating to these Terms and Conditions.
No Offer to Sell or Lease
All of the information contained on the Site is for informational purposes only, and in no way constitutes an offer to enter into any transaction. The purchase of any vehicle shall be subject to the Terms and Conditions of the applicable sale, lease or retail installment contract. Any Manufacturer Suggested Retail Price (MSRP) listed on the Site is in U.S. dollars only, and excludes taxes and title, license, and registration fees. Actual price may vary by dealer. You shall not rely on the Site as a substitute for information that is available to you from an authorized Gibbs dealer.
These Terms and Conditions constitute the entire agreement between you and us regarding the Site and your use of the Site, and these Terms and Conditions supersede all prior agreements and understandings regarding the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is deemed to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. Any failure by us to enforce any of our rights under these Terms and Conditions shall not constitute a waiver of such rights.