Terms & Conditions

Guy & O’Neill, Inc. – Terms of Use

TO ACCESS AND USE THIS WEBSITE AND ITS CONTENT, YOU MUST READ AND AGREE TO COMPLY WITH THESE TERMS OF USE (“TERMS”). BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT.

1. Use. Guy & O’Neill, Inc. (“we” or “us”) owns and operates this Website for the convenience of its customers, employees, service providers and other visitors (“users” or “you”). We will permit you to view and use the Website and its Content if you comply with these terms.

2. Privacy Policy. By consenting to these Terms, you permit us to collect, use, store and share certain electronic information and personal information about you relating to your use of the Website and the Content. We will handle such information in accordance with applicable laws and our Privacy Policy (“Privacy Policy”), a link to which can be found on the Website at https://www.enfreshbrands.com/privacy-policy/. By visiting the Website, you agree to comply with the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms.

3. Ownership. We own, or have a legal right to use and modify, the Website, including its features, functionality, “look and feel,” and other similar website architecture whether in current technology forms or as developed in the future and all related patent, trademark, copyright, domain names, or other intellectual property rights and all related goodwill. In addition, we own, or have a legal right to use and modify, all content on the Website, including works of authorship, images, videos, writings, documents, sound recordings, brochures, pamphlets, logos, specifications, policies, research, reports, manuals, technology, advertisements, and coupons, and all related patent, trademark, copyright, domain names, or other intellectual property rights and all related goodwill (“Content”). We permit you to view and use the Website and Content if you comply with these Terms. The Website and Content are subject to our intellectual property rights and are protected by United States Copyright Laws.

4. Acceptable Use. When accessing the Website and using the Content, you agree that: a) you will not access or use the Website or Content for any purpose except as permitted in these Terms; b) you will not access or attempt to access Content through the Website that we have not intentionally made available to you; c) you will comply with all applicable international, federal, state and local laws when accessing and using the Website and the Content; d) you will use up-to-date, commercially standard, anti-virus software on any computer or other digital device used to access the Website; and e) you are at least 13 years old. If you are at least 13, but under the age of 18 (or the age or majority in your state), you must have the permission of your parent or guardian to use the Website.

5. Prohibitions. When accessing and using the Website or the Content, you shall not, nor permit any third party to: a) copy, modify, reproduce, distribute, publicly display, lend, lease, rent, sell, transmit, prepare derivative works from, disassemble, reverse engineer, or exploit the Website or the Content; b) modify, alter or damage the Content; c) frame or mirror any part of the Website; d) use the Website to introduce any virus, malware, Trojan horse or other suspicious code that may damage or hijack the operation of, or monitor the use of, any hardware, software, equipment or network of Guy & O’Neill, Inc. or any other users of the Website; e) use the Website to harvest or collect personally identifiable information, including email addresses, about users of the Website, or to send spam to any person(s); f) use the Website in any way that interferes with or disrupts, damages, disables, overburdens, or impairs the operation of the Website, servers or networks used to make the Website available, harms the Content, or violates any requirements, procedures, or policies of Guy & O’Neill, Inc.’s or any thirty party’s computer networks; g) remove any of the notices from the Website or the Content; h) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or other data or information from the Website or reproduce or circumvent the navigational structure or presentation of the Website; i) engage in any other conduct which, in our sole discretion, is considered inappropriate or unauthorized, or is for any purpose other than the Website’s intended purpose; or j) access or use the Website or Content, or upload, distribute, transmit, deliver, or post anything to the Website i) for any unlawful, fraudulent, libelous or defamatory purpose; ii) that invades the privacy of another or includes materials that you are prevented from sharing as a result of their confidential or proprietary nature; iii) that is protected by intellectual proprietary rights without the express prior written consent of the owner of such intellectual proprietary rights; or iv) that is obscene, pornographic, indecent, harassing, prurient, threatening, bullying or otherwise deemed inappropriate by Guy & O’Neill, Inc.in its sole discretion.

6. Third Party Content. The Website may contain links to third-party websites or third-party content for your convenience. We are not endorsing or sponsoring any such third party websites or content, which you access at your own risk. We are not responsible for the data-gathering practices or privacy practices of such third-parties when you visit those third-party websites linked from the Website. WHEN VISITING ANY THIRD-PARTY WEBSITES, YOU ARE SUBJECT TO, AND SHALL COMPLY WITH, THE TERMS, CONDITIONS AND POLICIES OF SUCH THIRD-PARTY WEBSITES.

7. Social Media. We maintain a social media presence, and links to our social media pages. These social media pages provide a place for you to learn more about us and our products and services. The comments, pictures, sounds clips, and videos posted on Social Media do not necessarily reflect the views of Guy & O’Neill, Inc. You must comply with the terms of each of those social media sites if you utilize those websites to provide information about us. We reserve the right to block users on social media pages that are disruptive or not complying with these Terms or applicable laws. If we follow, like, re-tweet, favorite, share, re-post or do any other similar action to another user’s content on social media, this does not constitute endorsement of that third-party or any product, service or company that they represent.

8. Cooperation with Legal Authorities. We will cooperate with law enforcement agencies and governmental entities on any matters where you are suspected of having violated applicable laws. YOU WAIVE AND HOLD Guy & O’Neill, Inc. AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT AGENCIES AND GOVERNMENTAL ENTITIES RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

9. Use of Marks. Guy & O’Neill, Inc. is the owner of certain U.S. and international trademarks, tradenames, service marks, insignia, trade dress or logos (the “Marks”). You may not use the Marks without our express prior written consent.

10. Intellectual Property Rights Violation. We respect the intellectual property of others, and we ask you to do the same. You agree that Guy & O’Neill, Inc., without liability to you or any third-party, may remove any Content from the Website that infringes or misappropriates, or that we believe in good faith infringes or misappropriates, the intellectual property rights of any other person or entity. Further, if you or any user of the Website believes its copyright, trademark or other intellectual property rights have been infringed by a posting on this Website, you or the user should send notify our Designated Agent immediately. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement is von Briesen & Roper, S.C. who may be contacted at Trademarks@vonbriesen.com. To be effective, the notification must include: a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) identification of the copyrighted work claimed to have been infringed; c) information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; d) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

11. California Consumer Rights. Under California Civil Code Section 1798.83, California residents have the right to obtain: (i) a list of all third parties to whom we may have disclosed your personal information to within the past year for direct marketing purposes; and (ii) a description of the categories of personal information disclosed. To obtain such information, please email your request to privacy@enfreshbrands.com.

12. Your Submissions. Subject to our Privacy Policy, any communications or materials (“Submissions”) that you transmit to the Website, for any reason, will be treated as nonconfidential and nonproprietary. You must own or have the legal right to share any Submissions which you communicate to us using the Website. You represent such Submissions are true and accurate. You grant Guy & O’Neill, Inc. and our Representatives a perpetual, royalty-free, irrevocable, unrestricted, worldwide license to use, distribute, display, copy, evaluate, edit, perform, modify, monitor, store, create derivative works from, and transfer all Submissions you provide us in any format and on or through any medium for any purpose. We may, but are not required to, monitor your activities on the Website and any information or Submissions you provide us. You waive all rights to compensation for any Submissions provided to us or posted on the Website. We may monitor, store, evaluate, edit, remove, preserve, or disclose any Submission, or any information about your activities on the Website, as permitted by our Privacy Policy and applicable laws: a) to enforce these Terms; b) to pursue available remedies or limit damages hereunder; c) to protect our or a third party’s rights, privacy, or property; d) to respond to valid legal process; and e) for any other reason as reasonably determined by us.

13. Contact. Any questions, concerns, disputes, or notices arising related to these Terms, the Website or the Content should be directed to privacy@enfreshbrands.com with the subject line “Website Terms of Use.”

14. Termination. If you violate any of these Terms or applicable laws relating to your access or use of the Website or Content, you are immediately prohibited from further access or use of the Website or Content and we will block your access to the Website. We are not liable to you or any third party for any Claims arising out of any termination or suspension or any other actions taken by us in this regard. All provisions of these Terms that by their nature are intended to extend beyond termination for any reason shall survive.

15. WARRANTY DISCLAIMERS. GUY & O’NEILL, INC. PROVIDES ACCESS TO THE WEBSITE AND THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL: (A) MEET YOUR NEEDS OR THAT WE WILL CONTINUE TO SUPPORT OR PROVIDE ANY PARTICULAR FEATURE OF THE WEBSITE OR THE CONTENT, (B) BE PROVIDED UNINTERRUPTED OR ERROR-FREE, (C) BE FREE FROM VIRUSES, HACKING, OR INTERRUPTION, OR (D) THAT ANY PARTICULAR PRODUCT OR SERVICE ON THE WEBSITE IS AVAILABLE OR PERMITTED IN YOUR COUNTRY OR AREA. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, SAFETY, CORRECTNESS, COMPLIANCE WITH LAWS, OR AVAILABILITY OF THE WEBSITE OR THE CONTENT. THE CONTENT ON THE WEBSITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE THE CONTENT.

16. EXCLUSION OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL GUY & O’NEILL, INC., ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS AND ASSIGNS (INDIVIDUALLY AND COLLECTIVELY THE “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR CLAIMS FOR LOST PROFITS, LOST TIME, LOST DATA, LOST REVENUE, LOSS OF USE, LOSS OF GOODWILL, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE CONTENT, OR THE INABILITY TO ACCESS THE WEBSITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE, OR ANY OTHER THEORY OF LAW, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. LIMITATION OF LIABILITY. IN NO EVENT SHALL GUY & O’NEILL, INC. OR ITS REPRESENTATIVES’ AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, AND THE CONTENT, OR THE INABILITY TO ACCESS THE WEBSITE AND CONTENT, EXCEED $100.00 U.S. DOLLARS. THIS LIMITATION SHALL APPLY EVEN IF GUY & O’NEILL, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

18. Indemnification. You agree to indemnify, defend and hold harmless Guy & O’Neill, Inc. and its Representatives from and against all losses, settlements, fines, fees, liabilities, damages, judgments, awards, costs, expenses, including reasonable attorney fees (“Claims”) arising from or relating to: a) your use of the Website, Content or Third Party Content; b) your violation of these Terms or the Privacy Policy; c) your infringement or misappropriation of any intellectual property rights in the Website, Content or Third Party Content; (d) your violation of any applicable law, rule or regulation; and e) the information you share with us.

19. Applicable Law. To the maximum extent permitted by law, these Terms shall be governed by the laws of the State of Wisconsin, U.S.A. without regard to conflict of laws principles. The parties specifically exclude application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) to these Terms. Any claim by you arising in connection with these Terms, the Website, or the Content must be commenced by you within one (1) year after the use giving rise to such claim.

20. Assignment. We may assign these Terms, in whole or in part, without notice to, or consent from, you. You may not assign, transfer, or sublicense these Terms or any of your rights or obligations under these Terms. These Terms will inure to the benefit of Guy & O’Neill, Inc. and its licensees, successors and assigns.

21. Entire Agreement. These Terms and the Privacy Policy contain the entire agreement between us and you with regard to your access and use of the Website and Content, and supersede all prior or contemporaneous discussions, negotiations or writings regarding the subject matter of these Terms. If any part of the Terms or Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

22. Changes to Terms. We may modify these Terms by posting modifications to the Website. You agree to periodically check the Website for any modifications to the Terms. Your continued use of the Website after the posting of any modifications constitutes acceptance of such updated terms.

Terms Last Modified / Effective Date: June, 2019