Terms, Conditions, Policies

Gatewood Supply Company, LLC

Terms, Conditions, and Policies

 

 

PLEASE READ ALL OF THE FOLLOWING TERMS, CONDITIONS AND POLICIES CAREFULLY PRIOR TO ACCESSING GATEWOOD SUPPLY COMPANY’S PRODUCTS AND SERVICES

 

 

WEBSITE TERMS OF USE

 

I.   Introduction

 

Your use of http://gatewoodsupplyco.3dcartstores.com (“Website”), and access to the products and services contained therein, is subject to your agreement to the following Website Terms of Use (“Website Terms”).

 

The Website is made available by Gatewood Supply Company, LLC (“Gatewood”). When used in these Website Terms, “you,” “your,” and “user” refers to any individual, company, or legal entity that accesses or otherwise uses the Website and the products and services it provides. The Website Terms, as amended from time to time without any notice to you, govern your use of the Website. Your agreement to the Website Terms as stated herein controls your use of the Website, unless agreed otherwise in a separate writing. Your agreement to the Website Terms does not replace any other agreements you have with Gatewood, now or in the future, governing any other products or services Gatewood may provide to you. Gatewood recommends that you periodically review the Website Terms to discover any changes. The Website Terms are effectively amended when new terms, conditions, and policies are posted on the Website. The Website Terms as presented here are to be read by you together with any further terms, conditions, and policies provided in the pages of the Website or other agreements with Gatewood. You agree to abide by and comply with all instructions Gatewood may provide to you from time to time in conjunction with any further terms, conditions, and policies provided in the pages of the Website.

 

By using the Website, or accessing any service within the Website, you signify your acceptance of the Website Terms. Your continued use of the Website, or any service found within the Website, after the posting of changes to the Website Terms constitute your acceptance of the new Website Terms. If you do not accept the Website Terms in their entirety, you should not use the Website and may not lawfully take advantage of any of the products and services it provides.

 

By accepting the Website Terms, you agree that this Website, as well as the linked documents and/or stipulations offered as a part of this Website, such as the privacy policy, terms of sale, and other terms, conditions, and policies created and utilized by Gatewood will apply whenever you use the Website and its related services.

 

 

 

 

 

II.   Proprietary Rights, Copyrights, Trademarks, and Other Intellectual Property Rights

 

The information and content of the Website, and the products and services provided therein, are proprietary, owned or licensed by Gatewood, its subsidiaries, and affiliates, and protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties.

The Website’s content and services are also protected as collective works or compilations under U.S. copyright and other laws and treaties. All individual elements making up the Website and its services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as additional copyright restrictions in connection with the Website and its services.

 

Gatewood owns solely and exclusively all rights, title, and interest in and to the Website, including, but not limited to, all the content, code, data, and materials thereon, the look and feel design and organization of the Website, the compilation of the content, code, data, and materials on the Website, as well as any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights which have not been previously claimed by other rights holders. Your use of the Website does not grant to you ownership of any content, code, data, or materials that you may access on the Website, except as specifically agreed to via separate written agreement with Gatewood.

 

The trademarks, logos, service marks and trade names (collectively, “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Gatewood and others and may not be used in connection with products or services that are not related to, associated with, or sponsored by their rights holders in ways that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Gatewood on the Website are the property of their respective owners. Nothing contained on the Website should be displayed without the written permission of Gatewood or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website without the written permission of Gatewood or such other third party that may own the Trademarks displayed on this Website. Gatewood will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright law, trademark laws, the laws of privacy and publicity, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices, disclaimers, or legends contained in any such information.

 

The Website and its services were developed, compiled, prepared, revised, selected, and arranged by Gatewood and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property. You agree not to use any process, research method, or tactic to recreate or replicate the features, functions, or design of the Website or services through reverse engineering.

You agree to protect the proprietary rights of the intellectual property rights holders during and after your use of the Website and its services.

 

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Gatewood on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, the "Comments") shall be and remain Gatewood property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gatewood of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, Gatewood will own exclusively all such right, title and interest and will not be limited in any way in the use of any Comments.

 

Gatewood respects the intellectual property rights of others, and requires that the people who use the Website or the services made available on the Website do the same.

 

III.   Ownership and Limited License

 

The Website’s content, design, text, graphics, content, video, audio, and the selection and arrangement thereof are the property of Gatewood and/or its affiliates. Unless agreed otherwise via a separate written agreenment, Gatewood grants you a nonexclusive, nontransferable, and limited license to access the Website and use its services only as expressly provided in the Website Terms.

 

You may access and view the contents of the Website on your computer or other internet compatible device, and make limited copies or prints of the content on the Website for your internal use only. Gatewood reserves the right to terminate your right to make personal copies of the Website’s content at any time. The Website and the information it provides shall not be used for any illegal purposes. No dissemination, recirculation, distribution, linking, transmitting, publishing, broadcasting, copying, or downloading of the Website’s content may be done without the prior written consent of Gatewood and/or its affiliates.

 

IV.   User Information and Marketing

 

In the course of using the Website and its services you may be asked to provide certain personalized information to Gatewood (“User Information”). You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date. Gatewood may collect User Information for the purpose of ensuring that you may be provided with the best services and experiences. Additionally, Gatewood utilizes User Information to conduct internal marketing research. Unless you notify Gatewood otherwise, you consent to the use of your User Information for these purposes by using the Website and its services.

 

With the exception of conditions otherwise established in these Website Terms, Gatewood does not disclose any User Information to third parties. Gatewood may disclose your information to unaffiliated third parties if it believes in good faith that such disclosure is necessary to: (1) comply with the law or in response to a subpoena, court order, government request, or other legal process, (2) to protect the interests, rights, safety, or property of Gatewood, (3) to enforce the Website Terms and other terms, conditions, and policies relied on by Gatewood, (4) to provide you with services, products, or information requested by you, and (5) to operate Gatewood’s systems properly.

 

 

 

 

V.   Disclaimer of Warranties

 

Decisions based on the information contained on the Website are the sole responsibility of the user.

The information and services provided on this website are offered “AS IS” and “AS AVAILABLE” without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Gatewood disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose.

 

Gatewood does not warrant, either expressly or implicitly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the services provided within this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. No products or services contained on the Website shall be offered or sold in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the laws and/or regulations of such jurisdiction.

 

Gatewood assumes no liability or responsibility for any damages, to you, your computer, or other property due to your access to, use of, or downloading of any content. If you download or copy content from the Website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing current virus protection software. Gatewood expressly disclaims all liability for errors and omissions in the materials on the Website and for the use or interpretation by others of information contained on the Website. If you are dissatisfied with the Website and its services, your sole remedy is to discontinue your use of the Website.

 

VI.   E-Mail Communications

 

When you visit the Website and decide to communicate with Gatewood electronically, you consent to receive electronic communications from Gatewood.

 

E-mail communications include any information transmitted which is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering a message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of such communication is strictly prohibited, as is the taking or omitting of any action in reliance upon such communication. If you receive such communication in error please notify Gatewood immediately by return e-mail or otherwise permanently delete the entire communication from any computer, desk drive, or other storage medium. Unprotected communication by e-mail over the internet is not confidential and may be intercepted or lost or possibly altered. You agree that Gatewood shall have no liability to you or to anyone else in connection with an e-mail sent by you to Gatewood or an e-mail sent by Gatewood to you at your request.

 

You agree that all notices, disclosures, and other communications that Gatewood provides to you electronically satisfy any legal requirements that such communications be in writing. You agree that you have the ability to store such electronic communications so that they remain accessible to you in an unchanged form.

 

After you consent to receive electronic communications from Gatewood you may receive internal marketing information from Gatewood. You may choose to reject internal marketing information from Gatewood. If you choose to not receive internal marketing information from Gatewood, you must notify Gatewood of your decision.

 

VII.   Jurisdiction and Governing Law

 

The Website and these Website Terms will be deemed to have been made in Birmingham, Alabama. The Website, and all matters arising from or relating to the your use of the Website, the Website Terms, and any and all claims arising out of your relationship with the Gatewood shall be governed by and in accordance with the laws of the United States Government and the State of Alabama, excluding its conflict of laws provisions.

 

Gatewood make no representation that functions or information found at the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the information found on or at this Website in violation of United States or other export laws and regulations. If you access this Website from a location outside of the United States you are responsible for compliance with all laws applicable to you.

Gatewood and the Website’s users agree that any dispute arising out of or relating to these Website Terms or the Website, and/or the interactions contemplated hereby or thereby, including, without limitation, any such dispute between Gatewood and any present or former officer, employee or agent of Gatewood, each of whom is intended to be a third-party beneficiary of the agreement contained in this paragraph, shall be resolved through litigation in the federal court located in Birmingham, Alabama or, in the event such court lacks subject matter jurisdiction, in the state court located therein, and the parties hereby irrevocably consent to personal jurisdiction in the courts thereto. Gatewood and the Website’s users hereby waive, to the fullest extent permitted by applicable law, any right to trial by jury with respect to any action or proceeding arising out of or related to the Website Terms or the Website.

VIII.   Limitation of Liability

 

In no event, including but not limited to negligence, shall Gatewood, or any of its subsidiaries, affiliates, directors, officers, employees, agents, or service providers (collectively, “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, or functions related thereto, your provision of information via the Website, lost business or lost sale.

 

In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action arising from the Website Terms or your use of the Website exceed, in the aggregate, the amount, if any, paid by you to Gatewood for your use of the Website and its services.

 

IX.   Indemnification

 

You agree to defend, indemnify, and hold the Protected Entities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Website and its products or services, your placement or transmission of any message, content, information, software, or other materials through the Website, or your breach or violation of the law or of these Website Terms. Gatewood reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gatewood’s defense of such claim.

 

X.   Technical Specifications Changes

 

You agree that Gatewood has the right to change the technical specifications of any aspect of the Website and its services at any time in Gatewood’s sole discretion. You further agree that such changes may result in your being unable to access the Website and its services.

 

XI.   Prohibited Uses

 

Except as otherwise stated in the Website Terms, or as expressly authorized by Gatewood in other writings, terms, conditions, and policies, you may not:

 

A. Use the Website in any manner that could damage or overburden any Gatewood server, or any network connected to any Gatewood server, as all servers have limited capacity and are used by many people.

 

B. Use the Website and its services to compete with the business of Gatewood or its affiliates.

 

C. Use the Website in any manner that would interfere with another party’s use of the Website.

 

D. Wrongfully recirculate, distribute, scrape, store, share, recompile, decompile, disassemble, reverse engineer, transmit, publish, broadcast, copy, download, or otherwise unlawfully use any portion of the Website.

 

E. Transmit any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

 

F. Use any automated robot, spider, scraper, web crawler, or any manual search software to access, monitor, or copy user information or the contents of the Website.

 

G. Misappropriate the identity of, or obtain personal information about, any other user of the Website or services, or any dealer, contractor or employee associated with Gatewood.

 

H. Attempt to deface, modify, or manipulate the Website or employ any tactic to defeat or evade any security feature employed on the Website.

 

I. Include the term Gatewood, or any Gatewood trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element.

 

J. Use the Website or its content in any manner that could create impression of affiliation, sponsorship, or endorsement by Gatewood.

 

K. Impersonate any person or entity, or misrepresent your affiliation with any other person or entity.

 

L. Insert your or a third-party’s advertising, branding, or other promotional content through the Website or its services without a written agreement with Gatewood.

 

XII.   Assignments and Delegations

 

You may not assign the Website Terms or the rights hereunder without the prior written consent of Gatewood. Gatewood may assign the Website Terms and delegate certain of its responsibilities, obligations, and duties under or in connection with the Website Terms to a third party or affiliate, which may discharge those responsibilities, obligations, and duties on behalf of Gatewood.

 

XIII.   Registration and Access

 

As part of the user registration process, which may be necessary to obtain access to certain services or content on the Website, registration information must be provided to Gatewood. You represent that your registration information is accurate and truthful. You shall also promptly inform Gatewood of any updates to your registration information in order to ensure it remains true, accurate, and up to date. Each registration is for a single user only. You agree that you will not allow others to use your account, nor will you use your account or the Website on an outsourcing basis or on behalf of third parties.

 

Gatewood reserves the right to reject your user registration by disabling your registered account. Gatewood reserves the right to deny creation of your account based on Gatewood’s ability to verify the authenticity of your registration information. Even after acceptance, Gatewood may terminate or suspend your account and ability to use the Website in its sole discretion, with or without cause and without prior notice to you. If Gatewood believes your actions may cause it or other users legal liability, harm, or loss, Gatewood reserves the right to notify other users of your actions.

 

You shall gain access to the Website and its services through a unique username and password (collectively, “User ID”), which may only be used by you to gain access to the Website and its services for so long as you are authorized to access and use them in accordance with the Website Terms. You agree to treat the User ID as confidential and not to disclose it, either directly or indirectly, to any unauthorized person or entity. You are fully responsible for all usage and activity that occurs through your User ID. You agree to maintain only one account with the Website at any time.

 

You agree to notify Gatewood of any known or suspect unauthorized uses of the Website and its services, including, but not limited to, a breach of security or loss or theft of your User ID. Gatewood shall not be liable to you or any third person or entity for any loss or damage arising from your failure to comply with these requirements. Notwithstanding anything else herein, Gatewood reserves the right to pursue any and all claims against you and any person or entity using your User ID.

 

XIV.   Website Security

 

The User Information collected by Gatewood through the Website is kept on secure servers. Gatewood uses reasonable administrative, technical, and physical measures to protect your personal information on such servers. To help Gatewood protect your privacy, you should maintain the secrecy of the User ID you set up in connection with your use of the Website’s services.

 

XV.   Audit and Monitoring

 

Gatewood reserves the right to periodically audit and monitor electronically the use of the Website and its services to ensure compliance with the Website Terms, and to maintain and improve the Website and its services.

 

XVI.   Waiver

 

No waiver by Gatewood of any right or provision under the Website Terms will be deemed a waiver of any other right, term, or provision of the Website Terms at the time of such a waiver or at any other time.

 

Gatewood’s failure to exercise or enforce any right or provision under the Website Terms shall not constitute a waiver of such right or provision.

 

If any provision of the Website Terms is found by a court of competent jurisdiction to be invalid, in whole or in part, all parties nonetheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the apllicable provisions, and the other provisions of the Website Terms remain in full force and effect.

 

XVII.   Integration and Severability

 

If any provision of the Website Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Website Terms and will not affect the validity and enforceability of the remaining provisions.

 

XVIII.   Termination

 

You may terminate your use of the Website and its services at any time. The termination of some of your services may require notification to Gatewood or its affiliates.

 

Gatewood may terminate, change, suspend, or discontinue any aspect of the Website and its services at any time without notice, for any or no reason, and without liability to you or anyone else. If Gatewood believes you are in breach of the Website Terms or applicable law, or for any other reasons may restrict, suspend, or terminate your access to the Website and its service without notice or liability. The Website Terms relating to ownership and use of content, indemnification, limitation of liability, disclaimer of warranty, and governing law shall survive any termination.

XIX.   Remedies

 

If you breach or threaten to breach any provision of the Website Terms, Gatewood shall be entitled to injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Gatewood from pursuing any action or other remedy for any breach or threatened breach of the Website Terms, all of which shall be cumulative.

 

XX.   Headings

 

The headings used in the Website Terms are included for convenience only and will not limit or otherwise affect the Website Terms.

 

XXI.   Privacy

 

Please review Gatewood’s privacy policy, located below, to learn more about the comprehensive measures being taken to preserve the privacy and security of your information.

 

PRIVACY POLICY

 

I.   Introduction

Gatewood respects your privacy rights and is strongly committed to protecting your privacy, both online and offline. Gatewood considers the protection of its customers' privacy to be of paramount importance. Gatewood has established a very stringent Privacy Policy (“Policy”) to ensure your information remains secure and your interests are protected. Your use of the Website constitutes your acceptance of Gatewood’s Policy.

When used in this Policy, “you,” “your,” and “user” refers to any individual, company, or legal entity that accesses or otherwise uses the Website and the products and services it provides. Your agreement to the Policy as stated herein affects your use of the Website, unless agreed otherwise in a separate writing. Your agreement to the Policy does not replace any other agreements you have with Gatewood, now or in the future, governing any other products or services Gatewood may provide to you. The Policy may be amended from time to time without any notice to you. Gatewood recommends that you periodically review the Policy to discover any changes. The Policy is effectively amended when new terms, conditions, and policies are posted on the Website. The Policy as presented here us to be read by you together with any further terms, conditions, and policies provided in the pages of the Website or other agreements with Gatewood.

 

Gatewood’s Policy is to be enforced in conjunction with the provisions of the Website Terms and terms of sale established herein. If there are any conflicting provisions present between Gatewood’s Policy, the Website Terms, and terms of sale regarding privacy, the provisions established in Gatewood’s Policy prevails.

 

 

 

 

II.   The Information Gatewood Collects

As used in this Policy, “personal information” and “individual information” means information that may be used to identify a specific individual or that is about an identifiable individual, including but not limited to name, email address, phone number or credit card number.

Gatewood does not collect any personal information on the Website unless you provide it voluntarily. You can view the Website and learn about the products and services Gatewood provide without providing your personal information. However, you do need to provide personal information to obtain and/or purchase Gatewood’s products and services.

To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, Gatewood has put in place appropriate procedures to safeguard and secure the information that Gatewood collects online. Gatewood collects only the information that is required to provide you with quality professional services or that is required by law and regulation.

Once an order or service has been processed, Gatewood will keep your contact information and physical address on file. You may also choose to communicate with it through email, via the Website, by telephone, in writing, or through other means. Gatewood may collect the information in these communications to better serve you in the future.

If you decide to enter contests or surveys featured from time to time on the Website, you may be asked for personal information. This information is used in order to administer the contest or survey, or as otherwise disclosed on the Website at the time Gatewood collects the information.

When you visit the Website, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet, the date and time you access the Website, the pages you access while at the Website, and the internet address of the website, if any, from which you linked directly to the Website; this anonymous information is not personal information.

If you choose to become a registered user of the Website, you must apply by filling out the registration form on the Website. The registration form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number and/or a unique individual password.

III.   Limited Disclosure of Information

Gatewood uses a secure merchant account to process credit card payments. The merchant company will not store, use, or share your information. To ensure your information remains private and secure, Gatewood does not store credit card information.

Under no circumstances will Gatewood sell information about you or your business to any public or private vendor. However, Gatewood may disclose personal information in the following instances: (1) to comply with federal, state or local laws, rules and other applicable legal requirements, (2) to comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state or local authorities, or (3) to respond to judicial process, government, or other authorities having jurisdiction over you or Gatewood for compliance, or other purposes as authorized by law.

IV.   Cookies

Gatewood may use a technology referred to as “cookies”. Cookies are pieces of data on your computer tied to information about you. Based on your browser type and other information provided by Gatewood’s cookies, Gatewood uses cookies to: (1) customize certain Website content and access, (2) track usage patterns on the Website, (3) allow the Website to remember your user name and password, if you so choose, and (4) for any other purposes permitted under applicable law from time to time.

You can decide if and how your computer will accept cookies by configuring your preferences option within your web browser. If you choose to reject cookies, you can still browse Gatewood’s Website, but you may not be able to access certain aspects of the services available on the Website. Gatewood does not store personal or confidential information in cookies.

V.   Confidentiality and Security

Employee access to client information is restricted to those who have a legitimate need to know in order to transact your purchases or provide you services. Gatewood maintains both physical and electronic safeguards in accordance with federal law and regulatory standards; any employee who has access to individual information receives training about and is required to follow company procedures designed specifically to keep that information confidential.

Gatewood maintains physical, electronic, and procedural safeguards to help guard personal information. If transactions are offered on the Website, transaction information is transmitted to and from the Website in encrypted form using industry-standard Secure Sockets Layer connections to help protect such information from interception. Gatewood restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide services to you and those persons you have authorized to have access to such information. E-mails and other transmissions you send through the internet cannot be completely protected against unauthorized interception.

VI.   Affiliate Websites, Linked Websites, and Advertisements

Gatewood expects its partners, advertisers and third-party affiliates to respect the privacy of its users. However, third parties, including Gatewood’s partners, advertisers, affiliates and other content providers accessible through the Website, may have their own privacy and data collection policies and practices. If you link to or view an affiliates webpage from Gatewood’s Website, then that content is created or hosted by a third party and their privacy policies prevail.

Through the Website you may be introduced to, or be able to access, information, webpages, advertisements, features, contests or sweepstakes offered by other parties. Gatewood is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

VII.   Banner Advertising

Gatewood may use such third-party advertising companies to serve ads when you visit the Website.  This third-party advertising companies may also separately place or recognize a cookie file on your browser in the course of delivering advertisements to the Website. Using cookies or other technology, these companies may use information about your computer and your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

IX.   Juveniles

Gatewood does not market its products and services towards juveniles. If you are under eighteen (18) years of age, do not submit any information without the express consent and participation of a parent or guardian. Additionally, Gatewood does not knowingly collect or solicit personal information from or about children under thirteen (13) years of age, except as permitted by law. If Gatewood discovers it has received any information from a child who is under thirteen (13) years of age and in violation of this policy, Gatewood will delete that information immediately. If you believe Gatewood has any information from or about anyone under the age of thirteen (13), please contact Gatewood immediately.

X.   Jurisdiction and Governing Law

This Policy will be deemed to have been made in Birmingham, Alabama. The Policy and any and all claims arising out of your relationship with the Gatewood shall be governed by and in accordance with the laws of the United States Government and the State of Alabama, excluding its conflict of laws provisions.

Gatewood and the Website’s users agree that any dispute arising out of or relating to the Policy or the Website and/or the interactions contemplated hereby or thereby, including, without limitation, any such dispute between Gatewood and any present or former officer, employee or agent of Gatewood, each of whom is intended to be a third-party beneficiary of the agreement contained in this paragraph, shall be resolved through litigation in the federal court located in Birmingham, Alabama or, in the event such court lacks subject matter jurisdiction, in the state court located therein, and the parties hereby irrevocably consent to personal jurisdiction in the courts thereto. Gatewood and the Website’s users hereby waive, to the fullest extent permitted by applicable law, any right to trial by jury with respect to any action or proceeding arising out of or related to the Policy.

XI.   Limitation of Liability

 

In no event, including but not limited to negligence, shall Gatewood, or any Protected Entities, be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, information relating to the Policy.

 

In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action arising from the Policy or your use of the Website exceed, in the aggregate, the amount, if any, paid by you to Gatewood for your use of the Website and its services.

XII.   Indemnification

You agree to defend, indemnify, and hold the Protected Entities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Website and its services, your placement or transmission of any message, content, information, software, or other materials through the Website, or your breach or violation of the law or of this Policy. Gatewood reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gatewood’s defense of such claim.

XIII.   Privacy Policy Changes

Gatewood reserves the right to modify or supplement this policy at any time without notification to you. You are responsible for regularly review Gatewood’s Policy to observe any changes.

XIV.   Ongoing Commitment

Protecting your privacy is an on-going process. As technology continues to advance, Gatewood will continue to evaluate its security standards and procedures associated with protecting your privacy. Nothing is more important to Gatewood than its clients' trust and confidence, and Gatewood will take whatever steps necessary to maintain the security of Gatewood’s professional relationships.

TERMS OF SALE

A.   General

            I.   Introduction

By placing an order for products and/or services with Gatewood, you are confirming that you agree to Gatewood’s Terms of Sale (“Terms”).  When used in these Terms, “you,” “your,” and “user” refers to any individual, company, or legal entity that accesses or otherwise uses the Website and the products and services it provides.

            II.   Affidavit of Customer

By ordering products and/or services from Gatewood, you hereby agree and swear to the following affidavit:

  • I am not an unlawful user or addicted to any controlled substance.
  • By selling or delivering products to me, Gatewood is not violating any federal, state, or local laws, ordinances or regulations.
  • I have never been and I am not expected to be convicted in any court of a misdemeanor crime of domestic violence.
  • I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year.
  • I am not a fugitive from justice.
  • I am currently not subject to a restraining order of any kind.
  • I have not been adjudicated as a mental defective and I have not been committed to any mental institution.
  • I am not an illegal or unlawful alien.
  • I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions.
  • I am not currently less than eighteen years old.
  • I have not renounced my U.S. citizenship. 

            III.   Product Descriptions and Defective Parts


Gatewood’s product and service descriptions are provided as accurately as possible. However, due to the exotic nature of many of Gatewood’s products and services, on occasion it can be difficult to correctly distinguish or properly classify features of the products and services. If you receive a new product and believe it is not representative of its description, please send the unused product back to Gatewood for a refund, which will be provided per the company’s return policy under the Terms. A used product may not be returned for a refund under Gatewood’s return policy if you do not consider the product to be representative of the product’s description.

 

Any defective or out of specification product will need to be addressed directly with the manufacturer of the product. Gatewood will assist in putting you in contact with the manufacturer of the product to get the product replaced or fixed if the product falls under the warranty of that manufacturer.

            IV.   Order Cancellations

You cannot cancel an order once it is placed because Gatewood’s Website order system automatically submits all orders for immediate packing and shipping. You understand that Gatewood may cancel your order at any time if you have not abided by the Terms, or any other applicable terms, conditions, and policies relied upon by Gatewood. If Gatewood cancels an order, a refund will be provided to you.

You should not request that Gatewood ship packages to any area that is prohibited by federal, state, or local law. If such an order is discovered, the order will be cancelled and Gatewood will offer a refund.

            V.   Restocking Fee


A 10% restocking fee will be charged on all cancelled orders that have been processed by Gatewood. These fees apply unless the product is defective or damaged upon arrival, you received the wrong product, or the fee is prohibited by law.

Occasionally Gatewood will inadvertently over-sell a product. In that event, Gatewood will contact you and offer a refund or the option to backorder the product.

            VI.   Return Policy

Products that are shipped as 100% new and are returned exactly as they were shipped may be returned for a full refund. Any new products that cannot be restocked as 100% new as they were shipped to you are considered used.

All returns will need to be returned in new condition to be eligible for return or exchange. You understand and agree that Gatewood does not accept returns of used products unless (1) the products are damaged in shipping or are defective upon arrival and (2) Gatewood is notified of such damage or defect within five (5) business days of delivery to the address specified. All products are offered “AS IS” and “AS AVAILABLE” without warranties of any kind, either expressed or implied.  You understand that all sales are final and made without warranty of merchantability or otherwise, except as mentioned elsewhere in Gatewood’s terms, conditions, and policies. When a return is allowed, and an over-sold product is not involved in the transaction, Gatewood may either replace the damaged or defective product or issue a refund of the purchase price at its sole discretion.

Requests for return, exchanges or issues need to be made within fourteen (14) days of an order that has shipped.

For safety reasons no returns or exchanges on ammunition are permitted.

Shipping charges or return shipping charges are not eligible for refund.

Gatewood is not responsible for lost or damaged products resulting from improper packing or shipping.

            VII.   Shipping Liability and Risk of Loss

All products purchased from Gatewood are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon Gatewood’s delivery of the product to a carrier. You understand that once your package is entrusted to a common carrier (e.g. USPS, UPS, and FedEx), Gatewood does not have control over your package. Additionally, you agree that once a carrier delivers your package to the address specified, you are fully responsible for the safety of your package.

            VIII.   Purchases and Payments

Gatewood accepts purchases and payments by cash, credit cards, money orders, checks, and wire transfers.

By using a credit card you hereby unconditionally waive any and all chargeback rights you may have. If you have any question about a charge on your credit card, contact Gatewood. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee.

Money orders and checks should be made payable to Gatewood Supply Company, LLC. Any returned check is subject to a $25 returned check fee. Gatewood does not accept personal checks or CODs. Gatewood will ship products immediately after receiving a full payment for an order.

            IX.   Jurisdiction and Governing Law

The Website and these Terms will be deemed to have been made in Birmingham, Alabama. The Website, and all matters arising from or relating to the your use of the Website, the Website Terms, and any and all claims arising out of your relationship with the Gatewood shall be governed by and in accordance with the laws of the United States Government and the State of Alabama, excluding its conflict of laws provisions.

 

Gatewood make no representation that functions or information found at the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the information found on or at this Website in violation of United States or other export laws and regulations. If you access this Website from a location outside of the United States you are responsible for compliance with all laws applicable to you.

Gatewood and the Website’s users agree that any dispute arising out of or relating to these Terms or the Website and/or the interactions contemplated hereby or thereby, including, without limitation, any such dispute between Gatewood and any present or former officer, employee or agent of Gatewood, each of whom is intended to be a third-party beneficiary of the agreement contained in this paragraph, shall be resolved through litigation in the federal court located in Birmingham, Alabama or, in the event such court lacks subject matter jurisdiction, in the state court located therein, and the parties hereby irrevocably consent to personal jurisdiction in the courts thereto. Gatewood and the Website’s users hereby waive, to the fullest extent permitted by applicable law, any right to trial by jury with respect to any action or proceeding arising out of or related to the Terms or the Website.

            X.   Limitation of Liability

 

In no event, including but not limited to negligence, shall Gatewood, or any of the Protected Entities, be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, or functions related thereto, your provision of information via the Website, lost business or lost sale.

 

In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action arising from the Terms or your use of the Website exceed, in the aggregate, the amount, if any, paid by you to Gatewood for your use of the Website and its services.

 

 

 

            XI.   Indemnification

You agree to defend, indemnify, and hold the Protected Entities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Website and its services, your placement or transmission of any message, content, information, software, or other materials through the Website, or your breach or violation of the law or of these Terms. Gatewood reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gatewood’s defense of such claim.

B.   DOMESTIC ORDER POLICIES

            I.   Introduction

Magazine or other parts will not be shipped to locations where they are not legal and/or restricted. Please contact your local government to find out more about rules and restrictions in your area. Magazine repair and replacement kits may be shipped as long as it is agreed that they are sold as repair and replacement kits only and should not be assembled without compliance with all laws.

            II.   Magazine, Ammunition, and Firearm Laws

All federal, state, and local laws, regulation, and ordinance apply to your orders with Gatewood.

The following list of state and local laws is not represented to be all inclusive of the numerous firearms, ammunition and magazine laws found within the United States. You must be aware of any laws affecting your purchase and are responsible for ensuring they are upheld. Individual federal, state, and state laws are too numerous to list on the Website, however, the following sales restrictions will apply:

            States:

·         California: Ten (10) round limit (or provide law enforcement identification.) Unless purchased as valid repair or replacement magazine kits (fully disassembled.)

·         Hawaii: Ten (10) round limit on pistol magazines (or provide law enforcement identification.) No high capacity pistol magazines or ammunition sales.

·         Illinois: Must have current copy of FOID card and state photo identification.

·         Maryland: Twenty (20) round limit (or provide law enforcement identification.) No high capacity magazine sales.

·         Massachusetts: Must provide high capacity magazine permit before ordering (or provide law enforcement identification.)

·         New Jersey: Fifteen (15) round limit (or provide law enforcement identification.) No high capacity magazine sales.

·         Ohio: No sales of magazines with over thirty (30) rounds capacity.

 

 

            US Territories:

·         Puerto Rico: No ammunition sales.

·         Guam: No ammunition sales.

            Counties:

·         Napa, California: No ammunition deliveries.

·         Yolo, California: No ammunition deliveries.

·         Montgomery, Maryland: No ammunition deliveries.

            Cities:

·         New York City, New York: No sales (or provide law enforcement identification.) New York dealers must have appropriate city licenses. No sales of high capacity magazines manufactured after 09/14/1994.

·         Washington DC: No sales (or provide law enforcement identification.)

·         Los Angeles, California: Please check local and state laws before ordering ammunition.

·         Oakland, California: Please check local and state laws before ordering ammunition.

·         San Francisco, California: Please check local and state laws before ordering ammunition.

·         Chicago, Illinois: No sales of ammunition and magazines within city limits.

·         Annapolis, Maryland: No ammunition deliveries

C.   INTERNATIONAL ORDER POLICIES

                I.   Introduction

Currently, Gatewood does not accept international orders due to the cost and labor required to satisfy all laws and regulations controlling such orders. However, Gatewood’s policy towards international orders may change in the future, so you are urged to regularly check Gatewood’s prevailing policy on international orders on the Website.

 

 

 

 

 

 

 

 

CONTACTING GATEWOOD

If there are any questions regarding the preceding terms, conditions, and policies, or you have any other inquiries or suggestions, you may contact Gatewood using the information provided below.

 

Mailing Address:

 

Gatewood Supply Company, LLC
P.O. Box 360114
Birmingham, AL 35236
United States


E-Mail:   gatewoodsupplyco@gmail.com

Phone:   205-266-0558

Fax:   XXX-XXX-XXXX

 

Customer Service Hours:


Mon-Fri: 7:00 p.m. – 9:00 p.m. (CT)
Sat: 9:00 a.m. – 9:00 p.m. (CT)
Sun: 9:00 a.m. – 9:00 p.m. (CT)