Gamut Website Terms of Access
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the "Gamut Property"), and the features at this Gamut Property, are subject to these Terms of Access ("Terms"). The Gamut Property is owned or controlled by Gamut Supply LLC and its parent company, subsidiaries, division, affiliates, and brands ("collectively Gamut"). By accessing this Gamut Property in any way, including, without limitation, browsing this Gamut Property, using any information, and/or submitting information to Gamut, you agree to and are bound by the terms, conditions, policies and notices contained here (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.
From time to time we may update this Gamut Property and these Terms. Your use of this Gamut Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Gamut may, in its sole discretion, and at any time, discontinue this Gamut Property or any part thereof, with or without notice, or may prevent your use of this Gamut Property with or without notice to you. You agree that you do not have any rights in this Gamut Property and that Gamut will have no liability to you if this Gamut Property is discontinued or your ability to access the Gamut Property or any content you may have posted on the Gamut Property is terminated.
By accessing or linking to this Gamut Property, you assume the risk that the information on this Gamut Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Gamut Property at any time, without notice and without liability.
All information provided on this Gamut Property is subject to change without notice. While efforts have been made to make this Gamut Property helpful and accurate, due to the open nature of this Gamut Property, and the potential for errors in the storage and transmission of digital information, Gamut does not warrant the accuracy of information obtained from this Gamut Property.
Access and Use of Gamut Property
Access to this Gamut Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Gamut computer system or other information contained on the system for any purposes is strictly prohibited.
Content on this Gamut Property that is provided by Gamut or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Gamut Content”) is the property of Gamut and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Gamut Content located on the Gamut Property for use in any publications, in public performances, on websites other than this Gamut Property for any unpermitted commercial purpose, in connection with products or services that are not those of Gamut, in any other manner that is likely to cause confusion, that disparages or discredits Gamut and/or its licensors, that dilutes the strength of Gamut’s or its licensors’ intellectual property, or that otherwise infringes Gamut’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Gamut Content or User Content that appears on this Gamut Property.
Use of the Gamut Property and Posting Policy
The following requirements apply to your use the Gamut Property: (a) you will not use any electronic communication feature of the Gamut Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Gamut Property for any commercial transactions that are unrelated to the purposes for which the Gamut Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Gamut Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Gamut; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Gamut, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Gamut Property, or feature of the Gamut Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Gamut Property or features therein. Gamut may cancel your account and delete all User Content associated with your account at any time, and without notice, if Gamut deems that you have violated these Terms, the law, or for any other reason. Gamut assumes no liability for any information removed from our Gamut Property, and reserves the right to permanently restrict access to the Gamut Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Gamut Property, you hereby grant to Gamut a limited, non exclusive, sub licensable, worldwide, fully paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Gamut Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Gamut or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Gamut receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Gamut’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Gamut’s use of any similar Ideas, whether based on your User Content, provided to Gamut by third parties, or independently developed or considered by Gamut, shall be without obligation to you.
You agree to indemnify and hold Gamut, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Gamut or this Gamut Property.
Representations and Limitations of Liability
Gamut makes no representations about the reliability of the features of this Gamut Property, the Content, User Content, or any other Gamut Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Gamut makes no representations regarding the amount of time that any Content or User Content will be preserved.
Gamut does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Gamut without the prior review and written approval of Gamut.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GAMUT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL GAMUT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GAMUT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GAMUT OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF GAMUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cross Reference Information
Product cross reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
This Gamut Property may be linked to other sites which are not maintained by Gamut. Gamut is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Gamut of the linked sites. Gamut disclaims any liability for links: (i) from another site to the Gamut Property and (ii) to another site from the Gamut Property.
These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Lake County, Illinois. These Terms operate to the fullest extent permissible by law. Accessing materials on this Gamut Property by certain persons in certain countries may not be lawful, and Gamut makes no representation that materials on this Gamut Property are appropriate or available for use in locations outside the United States. If you choose to access this Gamut Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If Gamut fails to act with respect to your breach or anyone else’s breach on any occasion, Gamut is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Gamut, and is accepted by you upon your use of the Gamut Property. These Terms constitute the entire agreement between you and Gamut regarding the use of the Gamut Property. By using the Gamut Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.