This website is operated by Gettington. The mailing address for Gettington is Gettington Customer Service, 6250 Ridgewood Rd., St. Cloud, MN 56303.
Use of This Site
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.
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.
User Generated Content
II. This is a Binding Contract
You hereby grant to Gettington and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use, publish, broadcast, post online, and copyright your (i) name, voice, picture, portrait, and likeness (“Name” and/or “Likeness”) as such Name and/or Likeness appears in or in connection with your User Generated Content; and (ii) the User Generated Content in and in connection in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may modify the User Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User Generated Content.
No advertisement, promotional media, or other material in any media containing your Name and/or Likeness related to the User Generated Content need be submitted to you for any further approval for use by the Licensed Parties, and the Licensed Parties shall be without liability to you for any distortion or illusionary effect resulting from the publication of your Name and/or Likeness.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Generated Content.
The User Generated Content and any Name and/or Likeness that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.
You hereby agree, acknowledge, and warrant that:
- You are 18 years of age or older;
- You are solely responsible for your User Generated Content;
- You own all rights in and to your User Generated Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Generated Content;
- Gettington's and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret; privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation; and
- The User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
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.
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
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: 6250 Ridgewood Rd., St. Cloud, MN 56303. 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.
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.
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).
EFFECTIVE DATE May 14, 2020.