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Terms and Conditions
Electronic Communications and Electronic Signatures
When you visit Getzs.com or send emails to us, you are communicating with us electronically. You agree to be bound by any affirmation, assent, or agreement you transmit electronically, including but not limited to any consent you give to receive communications from Getz’s, Inc. solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Site Contents and Ownership
Getzs.com and other marks indicated on our site are registered trademarks of Getz’s, Inc. in the United States and other countries. All Getzs.com graphics, images, photographs, logos, page headers, button icons, scripts, writings, service names and other materials (“Materials”) are trademarks or trade dress of Getz’s, Inc. The Materials may not be used in connection with any product or service that is not Getz’s, Inc., in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Getz’s, Inc. All other trademarks not owned by Getz’s, Inc. that appear on this site are property of their respective owners, who may not be affiliated with, connected to, or sponsored by Getz’s, Inc. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Notice, Getz’s, Inc. does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Use of Site
This website is provided solely for the use of current and future customers of Getz’s, Inc. to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
If you do post content or submit material, and unless we indicate otherwise, you grant Getz’s, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Getz’s, Inc. the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify, defend, and hold harmless Getz’s, Inc. and its affiliates for all claims resulting from content you supply. Getz’s, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Getz’s, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party
Getz’s, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or to modify it, any portion of it, except with express written consent of Getz’s, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Getz’s, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Getzs.com without express written consent of Getz’s, Inc.
You may not use any meta tags or any other "hidden" text utilizing Getz’s, Inc. name or trademarks without the express written consent of Getz’s, Inc. Any unauthorized use terminates the permission or license granted by Getz’s, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Getzs.com so long as the link does not portray Getz’s, Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Getzs.com; Getz’s, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under you account or password. Getz’s, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Getzs.com only with involvement of a parent or guardian. Getz’s, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel an order at our sole discretion.
Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither Getz’s, Inc., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Getz’s, Inc. does not warrant reliability of any statement or other information displayed or distributed through the site. Getz’s, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Getz’s, Inc. may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. GETZ’S, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GETZ’S, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT GETZ’S, INC. AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL GETZ’S, INC. OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER GETZ’S, INC. OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Getz’s, Inc., its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitations on Claim
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
Controlling Law, Jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.
Any dispute relating in any way to your visit to Getzs.com or to products you purchase from Getz’s, Inc. shall be submitted to confidential arbitration in Marquette, Michigan; except to the extent you have in any manner violated or threatened to violate Getz's Incorporated's intellectual property rights. Getz’s, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to personal and exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Term and Termination
Without limiting its other remedies, Getz’s, Inc. may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include order 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 we make a change or cancel an order, we will attempt to notify you by contacting the email and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links) are not maintained, controlled, or otherwise governed by Getz’s, Inc. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Getz’s, Inc. Getz’s, Inc. does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Getz’s, Inc. Links do not imply that Getz’s, Inc. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Getz’s, Inc. or any of its affiliates or subsidiaries. Except for links to information authored by Getz’s, Inc., Getz’s, Inc. is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Getz’s, Inc. reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Errors, Inaccuracies, and Omissions
Occasionally there may information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice, including after you have submitted your order and your credit card has been charged. In the event your order is canceled and your credit card has been charged, the appropriate refunds will be issued to the original payment method.
Cancellation or Order Changes
We cannot change or cancel any order after the order has been submitted. Any costs involved with an order that cannot be canceled or changed after the order has been submitted are the responsibility of the customer.
Immediately after placing your order, you will receive an order confirmation number. Also, if you provided us with a valid email address at time of order, you will receive an email order confirmation. If you do not receive an order confirmation by email and you provided a valid email address, please check your spam/junk folder.
To get your order to you as fast as possible we may ship from multiple locations. In this instance, we'll provide tracking numbers for all packages, but the tracking numbers may not be available for 2-5 business days after placing order. Packages may not arrive on the same day. There will be no additional shipping charges for multiple shipments for the same order to the same address. You can check the status of your order anytime at www.getzs.com. Click on Track Order and enter order number and billing zip code to track order. You can also log-in to your account using the user name and password you created previously. Whether using the order tracking method or the log-in method you will be able to see the order status and tracking numbers when/if available.
We are required by law to collect 6% sales tax to all orders shipped to Michigan addresses. If you are shipping to a Michigan address, the appropriate charges will be added to your merchandise total.
Paying with a Credit Card
When you place an order with Getz’s, Inc. you are authorizing us to charge your credit card at the time of order. When placing an order please make sure all shipping, billing information and credit card information is correct because even if the order is not processed, your credit card company may authorize a pending charge, which will not be voided until 11:59 p.m. of the order date. The pending charges may go against available funds on your credit card. Getz’s, Inc. is not responsible for any fees your financial institution may charge in relation to the pending charges.
Paying with a Debit Card
When you place an order with Getz’s, Inc. you are authorizing us to charge your debit card at the time of order. Therefore when using a debit card with either a Visa or MasterCard logo, you must have sufficient funds in your account at the time of order. When placing an order please make sure all shipping, billing information and debit card information is correct because even if the order is not processed, your bank may authorize a pending charge, which will not be voided until 11:59 p.m. of the order date. The pending charges may go against available funds in your bank account. Getz’s, Inc. is not responsible for any fees your financial institution may charge in relation to the pending charges.
Paying with a Getzs.com Gift Certificate
To redeem a gift certificate, add desired merchandise to Getzs.com shopping cart and proceed to checkout. After filling in all shipping and billing information, you will then select a payment method. Please select gift certificate as your payment method. Enter in the gift certificate code exactly as it was emailed to the gift certificate recipient and click Redeem. The gift certificate will be applied to your order and your new order total will appear. If the order total is greater than the gift certificate amount, you can then enter a credit card/debit card or another gift certificate to pay the remaining balance. If the gift certificate amount is greater than the order total, the remainder of the gift certificate can be used on any future order. Getzs.com gift certificates do not expire.
This Agreement constitutes the entire agreement between Getz’s, Inc. and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Getz’s, Inc. with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to implement the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Getz’s, Inc. does not and will not assume any obligation to notify you of changes to this Agreement.