Terms of Use

Terms of Use

Last Revised July 15, 2020

Welcome to the GraceTech (GraceTech LLC) website. This Site is provided as a service to our customers. Please review the following terms and conditions of use which govern your use of the Site (the "Agreement").

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

 

Site Transactions

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site Contents

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by GraceTech.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote GraceTech's products and services available in the United States. The Site is controlled and operated by GraceTech from its office in San Francisco, California. One or more patents may apply to the Site and products, including without limitation: U.S. Patent Nos. 831,966; 817,266.

Errors, Inaccuracies, and Omissions

Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

User Comments, Feedback, and Other Submissions

GraceTech is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by GraceTech's employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at GraceTech through any communication channel.

If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. GraceTech is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead GraceTech or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. GraceTech takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

The prices displayed on the Site are quoted in U.S. Dollars.

Products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

Right to Change Site

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Links to Other Web Sites and Services

The Site may contain links to other websites that are not under the control of GraceTech. GraceTech has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

Indemnification

You agree to defend, indemnify and hold GraceTech harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

General

This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of GraceTech's right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Site.