Effective Date: 02/13/17
1. Ability to Accept Terms and Registration
You affirm that you are either (1) more than 18 years of age, or (2) more than 13 years of age and either (a) an emancipated minor, or (b) possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. Your Use of the Site
The Site provides information about Ganesh products and services, and provides forms for users to submit requests and information to Ganesh. You affirm that any registration information that you submit to Ganesh, including without limitation as a dealer, is truthful, current, and accurate, and you agree to make reasonable efforts to update such information as necessary. You agree not to make any inquiries or submit any information that is false or fraudulent, and agree to only provide information and purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Ganesh, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
When you purchase products or services from Ganesh, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
3. Reproduction or Distribution of Site Contents
Ganesh owns and operates the Site. You may not copy, reproduce, upload, post, transmit, or distribute (or facilitate someone else in copying, reproducing, uploading, posting, transmitting, or distributing) any part of the content placed on the Site for any purpose other than individual viewing of the Site or to further the legitimate business purposes for which the information was provided, unless you get the advance, express written consent of Company. If you are provided access to confidential areas of the Site, such as pricing and quotation information for dealers, you agree to take all commercially reasonable steps to ensure the confidentiality of that information.
Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site. Ganesh reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” or “embed” or “stream” the Site, or any of its content, or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the Site in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.
You agree that Ganesh may terminate your use of the Site at any time, with or without cause. You agree that Ganesh will not be liable to you or any third party as a result of such termination. The prospective obligations of these Terms will survive termination of your access to the Site.
5. No Warranties
The contents of the Site are provided “as is” and without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, Ganesh disclaims all express or implied warranties of merchantability, warranties of fitness for a particular purpose, and all other express or implied warranties. Ganesh expressly disclaims any warranty that the functions contained in the contents of the Site will be uninterrupted or free of errors, that defects will be corrected, or that either Site or the server that makes either Site available are free of viruses, worms, or other elements harmful to your computer system. Some states do not allow the exclusion of implied warranties, so the disclaimer of implied warranties may not apply to all users of any Site.
6. Liability exclusions
You agree that Ganesh shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, the Site or its contents, including without limitation any (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of our Site; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Site by any third party, and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not Ganesh is advised of the possibility of such damages.
If you post, transmit, or submit information to Ganesh in violation of these terms, you agree to indemnify Ganesh and its agents, successors, and subsidiaries for any and all claims, damages, demands, injuries, or losses arising from whatever it was that you posted, transmitted, or submitted.
7. Arbitration of Disputes
All claims arising from a dispute or matter in question relating to the Terms or your use of the Site shall be decided by binding arbitration before a single arbitrator in Los Angeles, CA. Notice of the demand for arbitration shall be provided in writing. The notice and all subsequent procedures shall be in a format approved by the American Arbitration Association (“AAA”) pursuant to the Commercial Rules of the AAA, and pursuant to the laws of the State of California. Judgment at arbitration may be entered in any court having jurisdiction thereof. Judgment of the arbitrator shall be final and binding, and each party to this Agreement (“Party”) expressly waives its right to an appeal and/or jury trial. Subject to any limitations of liability set forth herein, the arbitration award may include compensatory (meaning actual) damages, but under no circumstances shall the arbitrator be authorized to, nor shall the arbitrator, award punitive damages or multiple damages against either Party. The prevailing Party shall be entitled to recover its costs, fees and expenses, including reasonable attorneys’ fees in connection with the arbitration. Until such a determination, each Party shall bear its own costs.
8. Severability; Entire Agreement