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Terms of Use & Conditions

Last Updated: March 18, 2024

TERMS OF USE

These are the terms of use (“Terms of Use”) for your use of services (the “Services”) or features on the sites owned and controlled by Great American Inc.(“Great American Inc.”), including www.GreatAmericanInc.com or the Great American Inc. mobile app (the “Sites”). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third-party sites where we post content or invite your feedback, such as: www.facebook.com/greatamericaninc, www.tiktok.com/greatamericaninc, www.instagram.com/greatamericaninc, www.linkedin.com/company/greatamericaninc, and www.youtube.com/@greatamericaninc, (“Third Party Sites”). Our Terms of Use and other areas of our Sites may provide guidelines and rules and regulations in connection with Great American Inc., including services that involve Third-Party Sites, but Great American Inc. does not control those Third-Party sites. These Terms of Use do not apply to companies that Great American Inc. does not own or control, or to the actions of people that Great American Inc. does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Great American Inc. reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, without notice, and in its sole discretion. If Great American Inc. decides to change these Terms of Use, Great American Inc. will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines, or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Privacy Policy, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

COPYRIGHT/TRADEMARKS

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright © by Great American Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Great American Inc. and protected by U.S. and international copyright laws. All software used on the Sites is the property of Great American Inc. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Great American Inc., engaging with the Great American Inc., or using the Sites as a shopping resource. Any other use of materials on the Sites

  • including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, or performance
  • without the prior written permission of Great American Inc. is strictly prohibited.

GreatAmericanInc.com and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Great American Inc. and may not be used in connection with any product or service that is not offered by Great American Inc. in any manner that is likely to cause confusion among customers. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information provided (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

PRODUCT INFORMATION

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the shipping options at checkout or our Shipping Information page for more information. All prices displayed on GreatAmericanInc.com are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented by Great American Inc. is intended to be used for personal, educational, or informational purposes only. All products should be used strictly in accordance with their instructions, guidelines, and in accordance with warranty procedures. Use of the Sites is not meant to serve as a substitute for professional advice, these Sites are solely online stores for heavy-duty parts and supplies.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for all content that you upload, post, email, or otherwise transmit via or to the Sites, including the submission of product ratings and reviews, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”).

YOUR USE OF CONTENT ON THE SITES AND LIMITATION OF LIABILITY

Great American Inc. provides the Sites and all other applications and services on the Sites as a forum only. Great American Inc. is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third-Party Site. More generally, Content posted via or on the Sites or any Third-Party Site is not controlled by Great American Inc. Great American Inc. cannot guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Great American Inc. be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use, Terms and Conditions, and the Privacy Policy and you agree to not engage in the use, copying, or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict the use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, servers, or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites, including by using any device, software, or routine to bypass robot exclusion headers. Great American Inc. reserves all rights not expressly granted in and to the Content.

YOUR CONTENT SUBMISSIONS

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the a) rights you give us and b) obligations you have when you post or upload any content through the Services.

By submitting Content to Great American Inc., you represent and warrant that:

  • By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission.
  • You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
  • The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute or broadcast content and materials to us or through the Services, including but not limited to text, writing, video, audio, photographs music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
  • You understand you are participating in a public forum and that your Contributions and other personal information will be available to all other users of the Sites, and potentially Third-Party Sites;
  • You warrant that any such Submission and/or Contribution are original to you or that you are the sole author and owner of the intellectual property and other rights and you have the full authority to grant us the above-mentioned rights in relation to your Submission and/or Contributions thereto (or have the necessary licenses, rights, consents, and permissions to use and provide a non-exclusive license to Great American Inc. to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
  • You understand that your Content may be utilized and distributed by Great American Inc. in its marketing materials, including but not limited to, GreatAmericanInc.com, Great American Inc. emails, and social channels;
  • All “moral rights” that you may have in such Content have been voluntarily waived by you, and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
  • All Content that you post is accurate;
  • You are at least 16 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;
  • and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit by sending us Submissions and/or posting Contributions through any part of the Service or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
  • confirm that any Submission does not harm minors;
  • does not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy of any person or entity;
  • Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • do no constitute confidential information.
  • Does not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  • Complies in all respects with these Terms of Use, our Privacy Policy, and all Guidelines and Rules;
  • Is not a form of phishing, and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
  • Does not contain any computer viruses, worms, or other potentially damaging computer programs or files

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license include our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

Great American Inc. does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Great American Inc. disclaims all liability with respect to the Content posted by third parties.

For any Content that you submit, you grant Great American Inc. a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content (all of the foregoing, collectively, “Publish”) into any form, medium or technology whether now or hereafter known, without compensation to you, for any lawful purpose, including, without limitation, for purposes of advertising and trade. This license will survive the termination of these Terms of Use and your use of the Site.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of a) this section, b) any third party’s intellectual property rights, or c) applicable law.

THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available though, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be though other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

MOBILE SERVICES

If you access the Sites via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

MODIFICATION OF CONTENT

Although we may have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. All Content that you submit is not confidential and may be used at Great American Inc.’s sole discretion. Great American Inc. may or may not pre-screen Content. However, Great American Inc. and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense, or delete any Content on the Sites.

RESERVATION OF RIGHTS

Great American Inc. reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. Great American Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Great American Inc. (and its employees), its users and the public.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use to launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion there of).

USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

DISCLAIMER OF WARRANTIES

GREAT AMERICAN INC. IS PROVIDING THE SITES AND THEIR CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, GREAT AMERICAN INC. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GREAT AMERICAN INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

DISCLAIMER OF LIABILITIES

GREAT AMERICAN INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

INDEMNIFICATION

To the maximum extent allowed by law, you must release, defend, indemnify, and hold harmless us and our employees, officers, directors and agents against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including investigation expenses and attorneys’ fees) resulting or arising from or relating to your: a) use or attempted use of the Website or its content; b) violation of these Terms; c) infringement or violation of any rights of another person or entity, including but not limited to intellectual property rights; d) violation of applicable law; e) your Contributions; f) any breach of your representations and warranties set forth in these Terms; or g) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Great American Inc.’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites;
  • A 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;
  • Your name, address, telephone number, and email address (if available); and
  • 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 are authorized to act on the copyright owner’s behalf.
    Please send to: marketing@greatamericaninc.com

FRAUD PROTECTION

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates Great American Inc.’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Great American Inc.

SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

TERMS AND CONDITIONS

These Terms and Conditions (these “Terms”) apply to the promotion, purchase and sale of products and services in our stores or through www.GreatAmericanInc.com (the “Website”) (collectively, the “Services”). By placing an order for products or services or registering online for a Great American Inc. account, you (the party who submits an order or register for the account) affirm that you are of legal age to enter into this agreement with Great American Inc. (referred to as “Great American Inc,” “us,” “we,” or “our” as the context may require), you accept and are bound by these Terms, and if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You may not order or obtain products or services from us if you a) do not agree to these terms, b) are not of legal age to enter into this agreement, or c) if ordering through this Website, are prohibited from accessing or using this Website or any of this Website’s contents, goods or services by applicable law. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Great American Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time. It is your responsibility to review these Terms prior to each purchase of any product or services that are available in our stores or through this Website, and your continued use of this Website and/or purchase of our products or services will constitute your acceptance of and agreement to such changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

OUR SERVICES

The information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner of the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

soley for your personal; non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to marketing@greatamericaninc.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

ORDER ACCEPTANCE AND CANCELLATIONS

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders, in whole or in part, at our sole discretion, even when we send you a confirmation email with your order number and details of the items you have ordered.

PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • PayPal
  • Net Terms accounts with approved credit

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

Prices and Payment Terms.

a) Prices posted on this Website may be different than prices offered by us in one or more of our stores, and we do not provide a price match or low price guarantee when you make a purchase from our Website. All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your invoice and/or order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your invoice, shopping cart and/or order confirmation email, as applicable. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

b) We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

c) Terms of payment are within our sole discretion and, unless we have extended you credit or otherwise agreed in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit account information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit account for the purchase, (iii) charges incurred by you will be honored by your credit account company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.

d) All orders made using a Great American Inc. credit line are subject to the approval of our Credit Department and due within the payment terms approved by our Credit Department. We may, at our option, impose finance, service and/or late charges on any past due invoice in an amount not greater than allowed by law and, if you fail to pay according to these Terms or the terms of your credit line, you shall be liable to us for reasonable attorney’s fees and related costs of collection. If we become insecure with your ability to pay any invoice using a Great American Inc. credit line, we reserve the right to either withhold shipments, or impose or revise your credit limits and/or payment terms.

SHIPMENTS; DELIVERY; TITLE; AND RISK OF LOSS

a) We will arrange for shipment of the products to you when you place an order through the Website. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are costs we incur in the processing, handling, packing, shipping, and delivery of your order.

b) Title and risk of loss pass to you upon delivery to your specified delivery location, if shipped by us, or to you or your agent, if delivery or pick-up is arranged by you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You agree to accept partial or pro rata deliveries as full performance in the event that we are unable to fulfill an entire order.

RETURN AND REFUNDS POLICY

Please review our RETURN POLICY prior to making any purchases.

WARRANTY STATEMENT AND DISCLAIMERS

For our Parts Limited Warranty Statement, go to WARRANTY STATEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING LOST PROFITS OR REVENUES, LOSS OF DATE, OR DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR FROM YOUR USE OF THE SERVICES, REGARDLESS OF A) WHETHER SUCH DAMAGES WERE FORESEEABLE, B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID US FOR THE PRODUCTS OR SERVICES THAT GIVE RISE TO YOUR CLAIM.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United states.

CONFIDENTIAL INFORMATION

All non-public, confidential or proprietary information of ours, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by us to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement, is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by us in writing. Upon our request, you shall promptly return all documents and other materials received from us. We will be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: a) in the public domain; b) known to you at the time of disclosure; or c) rightfully obtained by you on a non-confidential basis from a third party.

CONTRIBUTION LICENSE

For all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings and reviews, and all other data, profile information, documents, texts, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content” or “Contributions”) to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) you reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conducts; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you herby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of Georgia, in each case located in the County of Douglas, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

NOTICES

a) To You. We may provide any notice to you under these Terms by: (i) sending a message to an email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to info@greatamericaninc.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Great American Inc., 1781 Westfork Dr., Suite 104, Lithia Springs, GA 30122, Attn: Legal Department. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

ENTIRE AGREEMENT

Except as otherwise agreed in writing and signed by a duly authorized representative of Great American Inc., your order confirmation or invoice, these Terms, our Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. These Terms prevail over any of your general terms and conditions of purchase, regardless whether or when you submitted a purchase order or such terms. Fulfillment of your order does not constitute acceptance of any of additional terms and conditions and does not serve to modify or amend these Terms.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in the Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

DOUBLE-DIPPING IN REBATE AND INCENTIVE PROGRAMS OFFERED BY GREAT AMERICAN INC. IS EXPRESSLY PROHIBITED.

Accordingly, to the extent any Eligible Purchases also apply toward an Eligible Customer’s participation in any separately contracted or other Great American Inc. sponsored rebate or incentive program (“Other Great American Inc. Program(s)”), shall be deducted from any payment that may be owed to the customer under such Other Great American Inc. Program(s) or, if duplicative payments are made, promptly refunded by you to Great American Inc. upon notice of same.

Great American Inc. reserves the right in its sole and absolute discretion and without prior notice to discontinue or change the rebate or Other Great American Inc. Program(s) at any time, or to discontinue or cancel a customer’s participation.

TERMS AND CONDITIONS OF USE (PROMOTION CODES)

  1. Participation in the promotion constitutes participant’s full and unconditional agreement to and acceptance of these Terms & Conditions and the decisions of Great American Inc., which are final and binding. Failure to comply with these Terms & Conditions renders participant ineligible to use the promotion code.

  2. Each participant is entitled to a single one-time use of the promotion code, special offer or discount per account/parent account. Promotion codes are nontransferable and are not redeemable for cash. Promotion codes cannot be combined with any other coupons or any other offer or discounts or promotions offered in connection with GreatAmericanInc.com.

  3. Purchases must be made online on the GreatAmericanInc.com website using approved account billing or Visa, MasterCard, Discover, PayPal or American Express.

  4. To use the promotion code, participant must enter the promotion code into the promotional box in the checkout field of GreatAmericanInc.com. The relevant discount will be automatically deducted from the final price of a qualifying purchase. Failure to enter the promotion code at the time of purchase as specified results in forfeiture of participant’s right to apply the promotion code to the purchase. Discounts may not be claimed after confirmation of a participant’s purchase on the GreatAmericanInc.com website.

  5. Each promotion code is valid for a limited time only and expires on the date specified in the email sent or legal terms and conditions to the participant by GreatAmericanInc.com. Further, the promotion code is not necessarily valid for all periods of the year. There may be blackout periods, depending upon, by example, the season, for which the promotion code may not be usable. Great American Inc. retains absolute discretion to determine such periods and may do so without notice to participant.

  6. Promotion codes cannot be replaced if emails are lost or deleted by the participant.

  7. A promotion code cannot be applied to checkouts previously placed with GreatAmericanInc.com.

  8. If a promotion code is used and an entire checkout (in accordance with the cancellation policy) is cancelled at a later stage, the promotion code will no longer be valid. Any return purchase will reduce participant’s savings proportionately.

  9. The costs of shipping or delivery, or taxes are not counted toward any minimum purchase required, and the discount associated with the promotion code cannot be applied to such items. Not valid for wholesales, special offers (including clearance), final sale or resale purchases; No discounts or other offers can be applied to payment of membership program fees or installation services. Filters and filter accessories are not eligible for application of any promotion code.

  10. Great American Inc. shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the promotion code, except for any liability which cannot be excluded by law. Participant agrees to hold harmless Great American Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, such participant’s participation in this promotion.

  11. Great American Inc. accepts no responsibility for late, lost or misdirected email or other communications. Great American Inc. assumes no responsibility for any failure to receive a claim or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then Great American Inc. may modify, cancel, terminate or suspend the promotion code.

  12. The promotion is open to individuals who are residents of the United States and 18 years of age or older. The promotion is subject to all federal, state and local laws and regulations and shall be governed by Georgia law. Void where prohibited or restricted by law.

  13. Great American Inc. reserves the right in its sole and absolute discretion and without prior notice to discontinue or change the promotion code at any time, or to discontinue or cancel a customer’s participation.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collective, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Douglas County, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Douglas County, Georgia, and the Parties hereby consent to, and waive all defenses of lack or personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, a) no arbitration shall be joined with any other proceeding; b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and c) there is no right to authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INNACURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVCIES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLIKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THORUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. you agree that these Terms will not be construed against us by virtue of having drafted them. You herby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

info@greatamericaninc.com
(800) 833-5623
1781 Westfork Dr.
Suite 104
Lithia Springs, GA 30122
United States