Please Read Carefully Before Using This Site:
These Terms and Conditions of Use (the Terms of Use) apply to the gerrymulligan.com web site located at http://www.gerrymulligan.com (the”Site”). The Site is the property of gerrymulligan.com and BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
TERMS APPLICABLE TO ALL USERS
1. OVERVIEW
YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Site, your use of the Site will be deemed to be acceptance of the Terms of Use, Section A. For users who are registered with the Site, your use of the Site shall be subject to certain designated terms (see Section B below) in addition to those terms applicable to all users.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
2. CHANGES TO TERMS
Gerrymulligan.com may, at any time, for any reason and without notice, make changes to (i) this Site, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Site. Any modifications will take effect when posted to the Site.
3. SCOPE OF USE AND USER EMAIL
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to gerrymulligan.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without gerrymulligan.com’s express prior written consent.
You agree not to submit or transmit any e-mails or materials through the Site that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. gerrymulligan.com shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific Products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Site without the prior written consent of gerrymulligan.com is strictly prohibited.
4. COPYRIGHTS AND TRADEMARKS
Gerrymulligan.com respects the intellectual property rights of others and expects our users and customers to do the same. All content and materials sold and distributed by this website are owned by gerrymulligan.com and/or its licensors and protected by copyright, trademark, trade dress, and other intellectual and proprietary rights. The policy of gerrymulligan.com is to terminate the accounts of copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes and infringement, please contact us using the website’s contact form.
5. LINKS
For your convenience, we provide links to other Sites that may be of interest to you. However, gerrymulligan.com does not control or endorse such Sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Sites.
You may not link to this Site without our written permission. If you are interested in linking to this Site, please contact us using the site’s contact form.
6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to gerrymulligan.com that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
7. NO WARRANTIES
THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH GERRYMULLIGAN.COM EXPRESSLY DISCLAIMS. GERRYMULLIGAN.COM DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND GERRYMULLIGAN.COM WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE SITE. GERRYMULLIGAN.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY GERRYMULLIGAN.COM. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. GOVERNING LAW, LOCATION AND MISCELLANEOUS
These Terms of Use shall be governed in all respects by the laws of the State of Connecticut U.S.A. without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any gerrymulligan.com confidential information, and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Stamford, Connecticut U.S.A. 9. User Submissions And Communications; Public Areas: Users will be held directly and solely responsible for the content of comments that are posted in our public areas (blog). The Site reviewer will periodically perform an administrative review for the purpose of deleting comments that are off topic, irrelevant, serve as advertisements or seem otherwise inappropriate. gerrymulligan.com has full discretion to delete comments and reserves the right (but is not obligated) to remove communications that are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms of Use.
9. LIMITATION OF LIABILITY
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. GERRYMULLIGAN.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT GERRYMULLIGAN.COM LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF GERRYMULLIGAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY GERRYMULLIGAN.COM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
10. INDEMNITY
You agree to defend, indemnify, and hold gerrymulligan.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS AND YOUR USE OF THE GERRYMULLIGAN.COM ONLINE STORE:
11. AGE REQUIREMENT
You must be at least 18 years of age to use the store and purchase products on this Site.
12. PRODUCTS AND SERVICES
Gerrymulligan.com sells both analog and digital content (“Products”) through the gerrymulligan.com online store (“Services”). Through this Site you can purchase Products under the terms and conditions set forth in these Terms of Use.
You are responsible for any software program(s), equipment system(s), and/or service fees and expenses necessary to connect to or use the Internet. You are further responsible for any software program(s), hardware, and/or equipment system(s) necessary to use Products. Broadband Internet access is highly recommended for the use of the Services. gerrymulligan.com does not guarantee that Products will be compatible with any particular digital device.
To use the Services and purchase Products, you will need to register and provide certain information, including your name, a password, valid email address, billing address, credit card, and/or additional information (Registration Data). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. You agree that gerrymulligan.com may store and use the Registration Data you provide for use in maintaining and billing fees to your account. As a registered user of the Service you are solely responsible for maintaining the confidentiality and security of you You agree to not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU HEREBY ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE GERRYMULLIGAN.COM WEBSITE INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
13. PRIVACY POLICY
Except as otherwise stated in these Terms of Use, the Services are subject to gerrymulligan.com’s Privacy Policy located at http://lanciamedia.com/privacy-policy
14. INTELLECTUAL PROPERTY
You agree that the Services and Products contain proprietary information, materials and content that are owned by gerrymulligan.com and/or its licensors and protected by intellectual property laws including but not limited to copyright. You agree that you will not use such proprietary information, materials or content in any way whatsoever except for use of the Services in compliance with these Terms of Use. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use.
Because our Products are free of digital rights management, you agree to not illegally copy or illegally distribute the Products. Violations of US and International Copyright Law may result in civil and/or criminal liability.
15. PAYMENT AND TAXES
The gerrymulligan.com online store accepts payments by credit card or through a PayPal account. Billing occurs at the time of, or shortly after your transaction. You agree that you will pay for all products you purchase through the Services, and that gerrymulligan.com may charge your credit card or PayPal account for any products purchased and for any additional amounts including any taxes (State of CT) and shipping fees. All sales are final. Prices for Products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional
16. REFUND POLICY
Digital products are computer files and offered as non-tangible digital goods. For downladable digital products ALL SALES ARE FINAL. We will NOT issue refunds.
All orders of physical products are carefully packaged and visually inspected prior to leaving our warehouse. Damaged or defective items may be exchanged for the same product within 30 days of the order date.
If an item is damaged in shipment, you must save all packaging and notify us within one business day. We will initiate a claim with the shipper and ship a replacement item to you. You will be notified within 48 business hours with instructions on what to do with the damaged package.
If an item is defective you must contact us with your name, order number, and a description of the defect to obtain an RMA (Return Merchandise Authorization) number. In an effort to serve you better, we may ask several questions as to the nature of the defect. Returns sent without an RMA number will not be accepted. Gerrymulligan.com must receive the returned item within 15 days of issuing the RMA.
Gerrymulligan.com reserves the right to inspect and test all items returned as defective. If it is determined that a product is not defective, it will be returned to the customer at their expense.
Shipping costs for defective items is the responsibility of the customer irrespective of their locale. We will ship the replacement item(s) to you at no cost if you are in the 48 contiguous United States. Due to the high cost of shipping products internationally, all customers outside of the 48 contiguous United States including Alaska, Hawaii, Puerto Rico, Guam, FPO, and APO must incur all costs related to shipping a returned item to and from gerrymulligan.com. We will gladly include the replacement item with your next order to help reduce the cost of shipping.
The original packaging, record jacket with sleeve, and invoice and must be included in your return. Please include your RMA number on both the inside and outside of the package and send it to:
Gerrymulligan.com
Returns Department
Peach Hill Rd. Darien, CT 06820
17. PRODUCT ORDERS
Every effort will be made to fill product orders within the timeline quoted at the time of purchase. Though uncommon, delays can occur and gerrymulligan.com does not assume responsibility for any damages growing out of, or owing to any delays.
Although we make every attempt to be as accurate as possible, we cannot be responsible for typographical or other errors. Gerrymulligan.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
18. VOID WHERE PROHIBITED
Gerrymulligan.com administers and operates the Site from its location in Darien, Connecticut, United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in all geographic locations. Company reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
19. ACCOUNTS AND SECURITY
Gerrymulligan.com does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You shall provide gerrymulligan.com with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You shall notify gerrymulligan.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at gerrymulligan.com’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us by using the site’s contact form
