Welcome. GBH offers this website to you subject to the following terms and conditions (“Terms”). The Terms apply to this website located at www.GBH.com and all other VAMCORP Holdings Ltd. websites around the world (collectively, the “Site”). The Site (including its content, design, structure, and look-and-feel) is the property of VAMCORP Holdings Ltd. and protected by copyright, trademark, and other intellectual property and unfair competition laws. By using the Site, you agree to these Terms. If you do not agree with any of these Terms, do not use the Site. If you have any questions about these Terms, please contact GBH Depot Inc.
Privacy
Use of this Site is also subject to VAMCORP’s Privacy Statement, which is incorporated herein by reference. You also acknowledge and agree that transmission of information over the Internet is never completely private or secure, and there is the possibility that information you send or receive from the Site may be intercepted by others, even if there is a notice that a particular transmission is encrypted.
Terms of Use Revisions
GBH may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
General Use Restrictions
GBH or third parties granting rights to GBH hold all right, title, and interest in and to the materials on this site, which are the copyrighted work of QUSCA or such third parties . GBH grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials on this Site only on your personal computer or mobile device, and only for purposes of your interaction with this Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials on this Site in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately delete and destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark, or other intellectual property right) in or to this Site or any materials on this Site.
You agree not to “frame” or “mirror” this Site, or any material contained on or accessible from this Site, on any other server or Internet-based device without the advance written authorization of GBH. You also agree not to use any “page-scrape” or other automatic device, algorithm, or program, or any similar manual process, to access, copy, or monitor any portion of this Site or the materials on this Site, to reproduce or circumvent the navigational structure of this Site, or to obtain any materials on this Site other than as intended by GBH and made available through this Site.
You may not:
You may not use this Site for a purpose that is unlawful or violates these Terms, or to solicit activity that is illegal or infringes the rights of GBH or others.
GBH does not routinely monitor your postings or other activity on the Site, but reserves the right so to do. However, if GBH becomes aware of inappropriate use of the Site or any of its Services, GBH will respond in any way that GBH, at its sole discretion, deems appropriate. You acknowledge that GBH will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, GBH will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Availability
GBH has several websites offering products, services, content, and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, regulatory status, shipment and other considerations. GBH does not make any warranty or representation that a user in one region may obtain the Services in another region, and GBH may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information GBH publishes on the World Wide Web may contain references or cross-references to GBH products, programs and services that are not announced or available in your region. Such references do not imply that GBH intends to announce such products, programs or services in your region. Consult your local GBH business contact for information regarding the products, programs and services that may be available to you.
Accounts and Security
Some Services offered through this Site may require that you register and establish a user name and password. You are responsible for maintaining the confidentiality of your user name, password, and other account information, as well as for any activity that occurs under your account as a consequence of your failure to keep this information confidential. You agree to inform GBH immediately of any unauthorized use of your account or password, or any other breach of your account security. You may be liable to GBH or others for unauthorized use of your account or password or as a consequence of your failing to keep your account information confidential.
Links
From GBH to Third-Party Websites
This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by GBH. Such links do not constitute an endorsement by GBH of any such sites. You acknowledge that GBH is providing these links to you only as a convenience, and you agree that GBH is not responsible for the content or links displayed on such sites to which you may be linked. You further agree that GBH has no liability, obligation, or responsibility for any correspondence, promotion, or purchase between you and the owner or operator of any such site.
From Third-Party Websites to GBH
You may link to GBH websites so long as:
As a further condition to being permitted to link to GBH websites, the linking party agrees that GBH may at any time, at its sole discretion, terminate permission to link to GBH websites. In such event, the linking party agrees to immediately remove all links to GBH websites.
By linking to a GBH website, the linking party agrees to defend, indemnify and hold GBH and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses including (without limitation) attorney’s fees and costs of defense, arising from any such link. GBH shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. GBH makes no warranties of any kind, express or implied, with respect to such links.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by GBH. GBH does not warrant the accuracy or timeliness of the materials. GBH has no liability for any errors or omissions in the materials, whether provided by GBH or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. GBH, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. GBH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING (BUT NOT LIMITED TO) YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF GBH HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens:
IF YOU ARE RESIDENT IN THE EUROPEAN UNION, GBH DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors
The descriptions, pictures, and other representations of products on this Site may contain inaccuracies and errors. GBH does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this Site may change without notice to you at any time at GBH’s sole discretion.
GBH shall have the right to refuse or cancel any orders placed for products listed with incorrect prices. GBH shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GBH shall promptly issue a credit to your credit card account in the amount of the charge.
Local Laws; Export Control
GBH controls and operates this Site from Canada. The materials and Services on this Site are subject in all respects to laws and regulations of Canada as shall from time to time govern the license and delivery of technology and products abroad.
If you use this Site from outside Canada, you are also responsible for compliance with applicable local laws, including local export and import regulations.
Trademarks
The GBH Depot logo, GBH™, A Cup Above the Rest™ and all products denoted with™ or ® are trademarks or registered trademarks of VAMCORP Holdings Inc. or its affiliates. GBH trademarks may not be used in connection with any product or service that is not a GBH product or service.
Unsolicited Ideas
While GBH is always interested in ideas and suggestions, we have found that frequently an idea or suggestion submitted to us is already available from other sources, including publications or the work of our own staff. This can lead to confusion concerning the origin of the idea or suggestion. For this reason, we prefer that only patented inventions be disclosed to us. If you nevertheless submit your ideas to GBH, and notwithstanding anything you may say or write in connection with a submission, unless GBH enters a separate written agreement covering a submission, any submission to GBH or its affiliates, including ideas for new products or technologies, improvements or enhancements to existing products or technologies, processes, materials, marketing or promotional plans, or new product names, shall be made under the following terms and conditions:
Product and Site Comments
GBH welcomes your comments about this Site and GBH’s existing products so long as they are consistent with the above paragraph. You may provide your comments here or at other designated places on this Site. Any comments you provide are non-confidential, and GBH may use them without restriction.
Applicable Law
Except for any mandatory application of local law, any action related to these Terms shall be governed by the law of the Province of Quebec, Canada, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the Province of Quebec for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Unauthorized Activities
Submissions to this Site or unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall defend, indemnify and hold GBH and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses, including (without limitation) attorney’s fees and costs of defense,’ incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the site or the use of the site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.