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Terms of Use

GETTINGTON.COM 
Terms of Use


This website is operated by Gettington. The mailing address for Gettington is Gettington Customer Service, 6250 Ridgewood Rd., St. Cloud, MN 56303. 

Your Use of This Website and Gettington Affiliated Websites is Governed by These Terms of Use
Please take a few minutes to review these Terms of Use. Your use of this website or other Gettington affiliated websites (collectively, the “Site”) constitutes your agreement to follow these Terms of Use and to be bound by them. If you do not want to be bound by these Terms of Use, please do not use the Site.

Privacy
Please review our Privacy Policy, which also governs your use of this Site. Our Privacy Policy is incorporated by reference into these Terms of Use, and your use of this Site constitutes your agreement to be bound by the Privacy Policy.

Paramountcy
To the extent applicable, these Terms of Use and the terms of any Gettington-branded credit agreement you have or may use in connection with this Site are to coexist and be read consistently with one another. To the extent there is any conflict or inconsistency between the provisions of these Terms of Use and the provisions of any Gettington-branded credit agreement you have or use in connection with this Site, the provisions of the Gettington-branded credit agreement shall govern.

These Terms of Use May Change
Gettington reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use this Site.

Use of This Site
By using this Site and accepting these Terms of Use, you certify that you are 18 years of age or older. Anyone under the age of 18 should not use this Site unless supervised by an adult who agrees to be bound by these Terms of Use and who agrees to be fully responsible for use of this Site, including all financial charges and legal liability that may be incurred.

You agree that you are buying products only for your own use and not for resale or export outside the United States. You may be required to register with Gettington in order to access certain services or areas of the Site. The user name and password for any account you establish with Gettington are for your personal use only. If you use the 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 your account or password. All billing and registration information you provide on this Site must be truthful and accurate. Providing any untruthful or inaccurate information on this Site may constitute a breach of these Terms of Use. By confirming your purchases at the end of the checkout process, you are agreeing to accept and pay for the items purchased.

Copyrights and Other Intellectual Property
All of the content you see and hear on the Site, for example, all text, images, illustrations and graphics, is subject to copyright, trademark, service mark and/or other intellectual property rights or licenses held by Gettington, one of its affiliates, or by third parties who have licensed their materials to Gettington. The entire content of this Site is copyrighted as a collective work under the copyright laws of the United States and Gettington owns a copyright in the selection, coordination, arrangement and enhancement of the content.

The content of the Site is intended solely for personal, noncommercial use by the users of our Site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non–commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading. Gettington reserves complete title and full intellectual property rights in any content and/or software you download from this Site.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Gettington.

Idea Submissions
Gettington is always pleased to hear from members of the Gettington community and welcomes your comments regarding Gettington’s products and services.

If you send us an unsolicited suggestion, idea, proposal or other material (collectively, the “Submission”), Gettington will consider the Submission to be non-confidential and non-proprietary. Gettington shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Gettington shall be entitled to a non-exclusive license to use the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

If you send us, at our request, a comment or suggestion to improve this Site or add a new category or feature (for example through our social media networks, customer support web forms or otherwise) (collectively, the “Suggestion”), Gettington will consider the Suggestion to be non-confidential and non-proprietary. Gettington shall have no obligations concerning the Suggestion, contractual or otherwise (including but not limited to an obligation to keep the Suggestion confidential), and shall not be liable for any use or disclosure of any Suggestion. Gettington shall be entitled to a non-exclusive license to use the Suggestion for any purpose whatsoever, commercial or otherwise, without compensation to you.

Customer Submitted Content
You promise not to post, upload or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Gettington reserves the right to prevent or to remove any such content at its sole discretion.

Security
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, accessing data or logging onto a server or account which you are not authorized to access; attempting to breach security or authentication measures and attempting to interfere with service to any user, host or network, including via means of introducing a virus to the Site, overloading or flooding, spamming, mail bombing or crashing.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree further not to use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search this Site other than the search engines and search agents available from gettington.com on this Site and other than generally available third party web browsers such as Internet Explorer, Firefox, Safari, etc.

Violations of the security of this Site may result in civil or criminal liability. Gettington may cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase you may return it in accordance with the terms of our Return Policy. The risk of loss and title to items purchased from gettington.com pass to the purchaser upon our delivery to the carrier.

Right to Terminate
Gettington may limit, suspend, or terminate your account or discontinue your use of this Site if you violate these Terms of Use or if you use this Site in a way that causes legal liability to us or disrupts others’ use of this Site. Gettington may also limit, suspend, or terminate your account or discontinue your use of this Site at Gettington’s sole discretion.

Disputes
Any and all claims or disputes relating in any way to your use past, present or future use of this Site, or to any products or services sold or distributed by Gettington through this Site, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

For all claims or disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the following mailing address: 7075 Flying Cloud Drive, Eden Prairie, Minnesota 55344. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described in the paragraph above.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CT Corporation System Inc., 100 South 5th Street, Suite 1075, Minneapolis, Minnesota 55402. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, specifically the “Consumer Arbitration Rules,” which may be found at www.adr.org, by referencing the “Rules & Forms” tab at the top of the page, by clicking on this link, or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Gettington will not seek attorneys' fees and costs, those available under applicable law, in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

DISCLAIMERS –– GENERAL
THE SITE IS OPERATED BY GETTINGTON ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, TO THE FULL EXTENT PERMITTED BY LAW. GETTINGTON, ITS AFFILIATES AND PARTNERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, GETTINGTON, ITS AFFILIATES AND PARTNERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

WITHOUT LIMITING THE FOREGOING, GETTINGTON, ITS AFFILIATES AND PARTNERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, GETTINGTON, ITS AFFILIATES AND PARTNERS DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.

GETTINGTON, ITS AFFILIATES AND PARTNERS DO NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS SITE. LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

GETTINGTON, ITS AFFILIATES AND PARTNERS MAKE NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

GETTINGTON, IT AFFILIATES AND PARTNERS ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL GETTINGTON, ITS AFFILIATES OR PARTNERS, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GETTINGTON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GETTINGTON, ITS AFFILIATES AND PARTNERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF USE OF AND ACCESS TO THE SITE AND AGREEMENT TO THESE TERMS OF USE BETWEEN YOU AND GETTINGTON. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GETTINGTON. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

ENFORCEMENT OF TERMS OF USE
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. YOU ALSO AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO MINNESOTA’S CHOICE OF LAW PRINCIPLES. 

MISCELLANEOUS
No provision of these Terms of Use may be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms of Use will operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Gettington will not be responsible for failure to fulfill any obligation due to causes beyond its control.


EFFECTIVE DATE April 17, 2017.