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TERMS OF USE

Introduction

Welcome. This Site is provided by W. L. Gore & Associates, Inc. (referred to throughout this Site as "Gore") as a service to our customers. Please review the following rules that govern your use of this Site. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. Gore reserves the right to update or modify these Terms of Use at any time, without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

Use Of This Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. Certain orders constitute improper use of this Site and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF USE, DO NOT USE THIS SITE. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. Gore reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Gore immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Gore or any other user of or visitor to the Site due to someone else using your password or account as a result of you failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Gore cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, or cancel orders, if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

Pricing Information

While Gore strives to provide accurate pricing information, pricing or typographical errors may occur. Gore cannot confirm the price of an item until after you place your order. In the event that an item is listed at an incorrect price due to an error in pricing, Gore shall have the right, at Gore’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Gore may, at Gore's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

Product Information

Gore attempts to be accurate in its product presentations. However, Gore does not guarantee product descriptions, product appearance as displayed in photographs, or other product information on this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as it is described on this Site, your sole remedy is to return it per our Return Policy in unworn, unused, unwashed, and undamaged condition, with all original tags intact and attached.

 

Colors

Gore has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, Gore cannot guarantee that your monitor's display of any color will be accurate.

 

Quantity Limits and Dealer Sales

Gore reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of this Site and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Gore also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Gore for the purpose of engaging in a commercial sale of that same product(s) with a third party. All products are intended for use by and delivery to U.S. residents. Orders received from or for delivery to locations outside the U.S. are subject to acceptance by Gore, and, if accepted, will be handled by Gore or one of its affiliates.

 

Limited Product Warranty

Gore warrants that at the time of delivery the products sold through this Site shall be free from defects in materials and workmanship and shall conform to Gore’s product specifications. Claims for defects must be received by Gore within six months from Gore’s delivery of the product on which the claim is based. Gore’s obligation hereunder is limited to the replacement of defective products or credit to you for defective products returned to Gore per our Return Policy. Except for this warranty and except as required by applicable law, GORE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND GORE EXPRESSLY EXCLUDES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent that any warranty language on the product packaging differs from this paragraph, the product packaging shall control.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GORE OR ANY OF ITS AFFILIATES, ASSOCIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GORE HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GORE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO GORE (IF ANY) IN CONNECTION WITH YOUR USE OF THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

Privacy

You acknowledge that any personal information that you provide through this Site will be used by Gore in accordance with Gore’s Privacy Policy. Additionally, by using this Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

User Reviews, Feedback, Submissions

For all reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Gore on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Gore a royalty-free, irrevocable, transferable right and license to use the Comments however Gore desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. Gore is and shall be under no obligation (1) to store or maintain any Comments for any length of time; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy, publicity, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be, or contain, libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."

 

Links to Other Websites

This Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to this Site with or without our authorization, and we may block any links to or from this Site. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

 

Disclaimer

The services, content, information and materials (collectively, the “Materials”) contained in this Site have been checked for accuracy; however, they are provided without any express or implied warranties. Neither Gore nor its affiliates assumes responsibility for any errors or omissions in the Materials. THIS SITE AND ANY MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THIS SITE ARE PROVIDED TO YOU "AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND GORE DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THIS SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH OR IN CONNECTION WITH THIS SITE. In no event shall Gore or its affiliates be liable for any indirect, special, incidental, consequential, exemplary or punitive damages resulting from any use or performance of this Site, or content errors or omissions in the Materials, even if notified in advance of the potential for such damages. All users of this Site agree that access to and use of this Site is subject to the terms and conditions stated in these Terms of Use, as well as all applicable laws, and such access and use is at the user's own risk. It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. These Terms of Use are subject to change from time to time without notice.

 

Site Security

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

 

Trademark Notice

Product names, trade names, trademarks and service marks (collectively, the “Marks”) are the property of Gore, its affiliates or third party entities/individuals (whether or not such Marks include TM or ®). Images on this Site (including without limitation images of people, products, and places) are either the property of, or used with permission by Gore. The use or misuse of the Marks or images, except as expressly authorized, is prohibited. Gore and its affiliates enforce their intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact the W. L. Gore & Associates, Inc. Legal Department at 551 Paper Mill Road, Newark, DE 19711.

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of this Site, including all disputes, will be governed by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in New Castle County, Delaware, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received by you for damages other than your actual out-of-pocket expenses, and shall not include indirect, special, incidental, consequential, exemplary or punitive damages, or any attorney fees, court costs, or other litigation-related fees or expenses. In the event of any controversy or dispute between Gore and you arising out of or in connection with your use of this Site, you and Gore shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then you or Gore shall be free to pursue any right or remedy available under applicable law. If Gore does take any legal action against you as a result of your violation of these Terms of Use, Gore will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gore. You agree that Gore will not be liable to you or to any third party for termination of your access to this Site as a result of any violation of these Terms of Use.

 

Copyright Permission Notice

Copyright in the material and information provided in this Site is owned by or licensed to Gore or its affiliates. You are authorized to use this material or information only for personal, non-commercial purposes. You may download, print and store copies of this material or information for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material or information and you may not publish, retransmit or otherwise distribute reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all, or any part of, this Site or any information or materials made available through this Site. You may not modify the material or information in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material or information, or any portion thereof, is or shall be granted or implied.

 

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Site infringe your copyright, you (or your agent) may send Gore a notice requesting that Gore remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Gore a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: W. L. Gore & Associates, Inc. Legal Department at 551 Paper Mill Road, Newark, DE 19711. We suggest that you consult your legal advisor before submitting a notice or counter-notice.

Last updated June 21, 2012

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