Website Terms of Use
NOTE: THESE TERMS OF USE GOVERN ACCESS TO AND USE OF THE WEBSITE GARLOCK.COM (INCLUDING ANY SUCCESSOR URL, SUB-DOMAIN AND/OR ANY SYNDICATION OF THE FOREGOING, COLLECTIVELY, THE “WEBSITE”) ONLY. FOR THE SUPPLEMENTAL TERMS AND CONDITIONS THAT GOVERN ACCESS TO AND USE OF THE GARLOCK DISTRIBUTOR PORTAL, YOU SHOULD CONSULT THE THE GARLOCK DISTRIBUTOR PORTAL TERMS OF SERVICE.
1. Acceptance of the Terms of Use.
Garlock Sealing Technologies LLC, a North Carolina limited liability company (the “Company”, “we” or “us”) maintains the Website on behalf of itself and its affiliated companies, including Garlock of Canada Ltd, Garlock de México SA de CV, Garlock GmbH, PSI Products GmbH, Garlock Singapore Pte Ltd., Garlock Taiwan Corporation, Garlock Sealing Technologies (Shanghai) Co. Ltd., Garlock Pty Limited (our “Affiliates”). When we use the terms “Company,” “we,” “us,” and “our” in these Terms of Use, such terms refer to us and our Affiliates, collectively.
The following terms and conditions (“Terms of Use”) govern your access to and use of the Website, whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older or otherwise of legal age to form a binding legal contract in the user’s jurisdiction. If you are agreeing to be bound by this Agreement on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to this Agreement. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to the Terms of Use.
We may revise and update these Terms of Use from time-to-time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms of Use.
3. Acceptance of Privacy Policy..
All information we collect on the Website is subject to our Privacy Policy.. By using the Website, you accept and agree to be bound and abide by our Privacy Policy.. If you do not want to agree to our Privacy Policy., you must not provide us any personal information.
Our Website is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.
4. Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time-to-time, we may restrict access to some parts of the Website, or the entire Website, to certain users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all personal information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy., and you consent to all actions we take with respect to your personal information consistent with our Privacy Policy..
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Website. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
5. Intellectual Property Rights.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only.
Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
You must not modify copies of any materials from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
6. Trademarks.
9000 - EVSP®, BLUE-GARD®, CHEVRON®, DURATUFF®, ECO-TEMP®, EDGE®, ENVELON®, EQUALIZER®, EZ-FLO®, FLANGE FREE®, FLEXSEAL®, FLUSH-GARD®, GARFITE®, GARFLEX®, GARLOCK®, GARLOCK CONTROLLED DENSITY®, GARLOCK SEALING TECHNOLOGIES®, GAR-SEAL®, GARTHANE®, GET®, GRAPH-LOCK®, GRAPHONIC®, GYLON®, HYDRA-JUST®, IFG®, ISO-GARD®, KLOZURE®, LUBALL®, LUBRIKUP®, MICRO-TEC®, MODEL 64®, ONE-UP®, P/S®, PACKMASTER®, PROPHET®, QUICKSET®, Seal-Lite®, SGi®, SHIPSET®, SLUDGE-PAK®, STABL-LOCK®, STRESS SAVER®, SYNTHEPAK®, and THERMa-PUR®, and/or any other names of the Company, or its websites, publications, products, content or services referenced herein or on this Website are the exclusive trademarks or service marks of the Company, including the "look" and "feel" of the Website, color combinations, layout, and all other graphical elements. Any use of the trademarks of the Company (including, for avoidance of doubt, any of its Affiliates) is strictly prohibited without the express written permission from the Company. Other product and company names mentioned in this Website may be the trademarks of their respective owners.
7. Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Without limitation, you must not:
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
8. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant in any manner the legality, appropriateness, accuracy, quality, safety, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9. Changes to the Website.
We may update the content on the Website from time-to-time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
10. Links to Other Sites.
You may create a link from another website that you own to a page on the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You may not establish a link from any website that is not owned or controlled by you. We reserve the right to withdraw linking permission without notice.
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if applicable. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Geographic Restrictions.
The owner of the Website is based in the state of North Carolina in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. Disclaimer of Warranties.
We cannot and do not guarantee or warrant that any content and/or materials available from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT AND/OR MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE WEBSITE, ITS CONTENT AND ANY MATERIALS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability.
IN NO EVENT WILL THE COMPANY OR ANY OF (INCLUDING, FOR AVOIDANCE OF DOUBT, ITS AFFILIATES), OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification.
You agree to defend, indemnify and hold harmless the Company (including, for avoidance of doubt, its Affiliates), and each of their licensors, service providers, employees, agents, officers and directors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.
15. Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina located in Mecklenburg County, North Carolina, or the courts of the State of North Carolina located in Mecklenburg County, North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Waiver and Severability.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
18. Entire Agreement.
The Terms of Use and our Privacy Policy. constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
19. Your Comments and Concerns.
This Website is operated by Garlock Sealing Technologies LLC, a North Carolina limited liability company with its principal place of business at 1666 Division Street, Palmyra, NY 14522.
If you have any comments, questions or concerns with respect to your access to, or use of the Website, we can be reached via e-mail at [email protected] or via telephone at +1-800-448-6688.
Updated: 09/25/2024