These terms and conditions outline the rules and regulations for the use of the Garnet River website. Garnet River LLC is located at 60 Railroad Place, Saratoga Springs, NY 12866.
The following are terms of a legal agreement between you and Garnet River LLC (together with its affiliates “GARNET RIVER”). By accessing, browsing, or using this Site (“Site”), you acknowledge that you have read, understood and agree to be bound by these terms (as amended, modified and/or supplemented from time to time, “Terms”). If you do not agree to these Terms, please do not use this Site. GARNET RIVER may, without notice to you, at any time revise these Terms and any other information contained in this Site by updating this posting and other content. GARNET RIVER may also make improvements or changes in the products, services or programs described in this Site at any time without notice.
General Permissions to User Access and Use Limitations
You agree to use the Site only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Your failure to comply with the terms, conditions and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission expressly set forth in the preceding paragraphs, GARNET RIVER does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You agree not to access (or attempt to access): 1. any of the servers and/or networks which are connected to the Site (or conduct any IP scan or port scan thereof) or 2. the Site by any means other than through the interface that is provided by GARNET RIVER, unless you have been specifically allowed to do so in a separate written agreement with GARNET RIVER. You specifically agree not to access (or attempt to access) any of the Site through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Furthermore, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any underlying software or any part authorized in writing that you may do so by GARNET RIVER. You may not mirror any of the content from this Site on another website or in any other media. All images are protected by copyright. Any use of infographics, diagrams, illustrations and photographs (except trademarks or logos) other than as authorized under this license or copyright law is prohibited. Infographics, diagrams, illustrations and photographs (but not trademarks or logos) and any adaptations or collections of these may be distributed with copyright notices intact and a hyperlink or citation of the URL for https://garnetriver.com or https://garnetshield.com or the URL of the web page where the original image is published.
You acknowledge and agree that GARNET RIVER owns all legal right, title and interest in and to the Site, including any intellectual property rights that subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless agreed upon in writing with GARNET RIVER, nothing in the Terms gives you a right to use any of GARNET RIVER’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. GARNET RIVER assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in this Site. GARNET RIVER provides no assurances that any reported problems will be resolved by GARNET RIVER, even if GARNET RIVER elects to provide information with the goal of addressing a problem.
You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account established to access the certain portions of the Site. Accordingly, you agree that you will be solely responsible to GARNET RIVER for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify GARNET RIVER immediately.
You further acknowledge that the Site may contain information which is designated confidential by GARNET RIVER and that you shall not disclose such information without GARNET RIVER’s prior written consent. GARNET RIVER does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to GARNET RIVER will be deemed NOT to be confidential. By sending GARNET RIVER any information or material, you grant GARNET RIVER an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that GARNET RIVER is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to GARNET RIVER for the purpose of receiving products or services will be handled in accordance with our privacy policies.
This Site may provide links or references to non-GARNET RIVER websites and resources. GARNET RIVER may have no control over any websites or resources that are provided by companies or persons other than GARNET RIVER. GARNET RIVER makes no representations, warranties or other commitments whatsoever about any non-GARNET RIVER websites or third-party resources that may be referenced, accessible from or linked to any GARNET RIVER site. A link to a non-GARNET RIVER website does not mean that GARNET RIVER endorses the content or use of such website or its owner. In addition, GARNET RIVER is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a GARNET RIVER site. Accordingly, you acknowledge and agree that GARNET RIVER is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. When you access a non-GARNET RIVER website, even one that may contain the GARNET RIVER logo, please understand that it is independent from GARNET RIVER and that GARNET RIVER does not control the content on that website. You acknowledge and agree that GARNET RIVER is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Furthermore, it is up to you to take precautions to protect yourself from viruses, worms, Trojan horses and other potentially destructive programs and to protect your information as you deem appropriate.
Linking to this Site
All links to this Site and the pages that are activated by the link may not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with GARNET RIVER; (c) imply that GARNET RIVER approves or endorses you, your website or your service or product offerings; and (d) present false or misleading impressions about GARNET RIVER or otherwise damage the goodwill associated with the GARNET RIVER name or trademarks. As a further condition to being permitted to link to this Site, you agree that GARNET RIVER may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any GARNET RIVER trademark.
Disclaimer of Warranty
Use of this Site is at your sole risk. This Site and all materials, information, products, software, programs and services are provided “as is” and “as available”, with no warranties or guarantees whatsoever. GARNET RIVER expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. GARNET RIVER makes no warranty or guarantee that this website will be uninterrupted, timely, secure or error-free.
Without limitation of the foregoing, GARNET RIVER and its licensors do not represent or warrant to you that:
(a) your use of the Site will meet your requirements,
(b) your use of the Site will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the Site will be accurate or reliable, and
(d) that defects in the operation or functionality of any part of the Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from GARNET RIVER or through or from the site shall create any warranty not expressly stated in these terms. GARNET RIVER further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
Subject to the last paragraph of this section, you expressly understand and agree that GARNET RIVER and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages that may be incurred by you arising out of or in connection with this Site or any resource linked to, referenced, or accessed through this site, or for the use or downloading of, or access to, any materials, information, products, or services, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or site, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site;
(ii) any changes which GARNET RIVER may make to the Site, or for any permanent or temporary cessation in the provision of the site (or any features within the Site);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site; or
(iv) your failure to keep your password or account details secure and confidential.
The limitations on GARNET RIVER’s liability to you in this section above shall apply whether or not you have been advised of or should have been aware of the possibility of any such losses arising. Nothing in these terms, including this and the preceding section, shall exclude or limit Garnet River’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
In using this Site, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations. Information GARNET RIVER publishes on the World Wide Web may contain references or cross references to GARNET RIVER products, programs and services that are not announced or available in your country. Such references do not imply that GARNET RIVER intends to announce or make available such products, programs, or services in your country. Please consult your local GARNET RIVER business contact for information regarding the products, programs, and services that may be available to you. Certain text in this Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and GARNET RIVER makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the Disclaimer of Warranty section for additional conditions.
Forward-looking and Cautionary Statements
The information in this Site may contain forward-looking statements. Statements that do not describe historical or current facts, including statements about our beliefs and expectations, are forward-looking statements. These statements are based on current beliefs and expectations of our management and are subject to significant risks and uncertainties. Actual results may differ materially. Any such statements speak as of today, and we are not assuming any obligation to update any forward-looking statements in the future.
You agree that if GARNET RIVER does not exercise or enforce any legal right or remedy, which is contained in the Terms (or which GARNET RIVER has the benefit of under any applicable law), this will not be taken to be a formal waiver of GARNET RIVER’s rights and that those rights or remedies will still be available to GARNET RIVER. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the GARNET RIVER group of companies shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with GARNET RIVER under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of legal provisions. You and GARNET RIVER agree to submit to the exclusive jurisdiction of the courts located within the county of Saratoga, New York, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GARNET RIVER shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Copyright Policy / Digital Millennium Copyright Act
You may not post, modify, distribute or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Garnet River may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
- A description of the copyrighted work or other work that you claim has been infringed
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories
- Your address, telephone number, and email address
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Our Designated Agent for notice of claims of copyright infringement can be reached as follows: Garnet River, Attn: Legal Department, 60 Railroad Place, Suite 501, Saratoga Springs, NY 12866.
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Last Updated: April 26, 2018