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Terms of Access
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these Terms of Access reside (collectively the "Gempler’s Website"), and the features at the Gempler’s Website, are subject to these Terms of Access, including the conditions, policies and notices contained herein (collectively the "Terms"). The term “Gempler's Inc.” as used in these Terms means Gempler's Inc. and its subsidiaries, division, affiliates, and brands (collectively “Gempler's Inc."). By accessing the Gempler's Website in any way, including, without limitation, browsing the Gempler's Website, using any information, and/or submitting information to Gempler's Inc., you agree to and are bound by these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Wisconsin law.
From time to time we may update the Gempler's Website and these Terms. Your use of the Gempler's Website after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Gempler's Inc. may, in its sole discretion, and at any time, discontinue the Gempler's Website or any part thereof, with or without notice, or may prevent your use of the Gempler's Website with or without notice to you. You agree that you do not have any rights in the Gempler's Website and that Gempler's Inc. will have no liability to you if the Gempler's Website is discontinued or your ability to access the Gempler's Website or any content you may have posted on the Gempler's Website is terminated. By accessing or linking to the Gempler's Website, you assume the risk that the information on the Gempler's Website may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in the Gempler's Website at any time, without notice and without liability.
All information provided on the Gempler's Website is subject to change without notice. Due to the open nature of the Gempler's Website, and the potential for errors in the storage and transmission of digital information, Gempler's Inc. does not warrant the accuracy of information obtained from the Gempler's Website.
Access and Use of the Gempler's Website
Access to the Gempler's Website is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Gempler's Inc. computer system or other information contained on the system for any purposes is strictly prohibited.
Gempler's Inc. Content
Content on the Gempler's Website that is provided by Gempler's Inc. or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (collectively the "Gempler's Inc. Content") is the property of Gempler's Inc. and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Gempler's Inc. Content located on the Gempler's Website for use in any publications, in public performances, on websites other than the Gempler's Website for any unpermitted commercial purpose, in connection with products or services that are not those of Gempler's Inc., in any other manner that is likely to cause confusion, that disparages or discredits Gempler's Inc. and/or its licensors, that dilutes the strength of Gempler's Inc.' or its licensor's intellectual property, or that otherwise infringes Gempler's Inc.' or its licensors' intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Gempler's Inc. Content or User Content that appears on the Gempler's Website.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please forward Gempler’s a written notice which describes the violation in question
Use of the Gempler's Website and Posting Policy
The following requirements apply to your use the Gempler's Website: (a) you will not use any electronic communication feature of the Gempler's Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Gempler's Website for any commercial transactions that are unrelated to the purposes for which the Gempler's Website was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Gempler's Website you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Gempler's Inc.; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Gempler's Inc., or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Gempler's Website , or feature of the Gempler's Website. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Gempler's Website or features therein. Gempler's Inc. may cancel your account and delete all User Content associated with your account at any time, and without notice, if Gempler's Inc. deems that you have violated these Terms, the law, or for any other reason. Gempler's Inc. assumes no liability for any information removed from our Gempler's Website , and reserves the right to permanently restrict access to the Gempler's Website or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Gempler's Website , you hereby grant to Gempler's Inc. a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Gempler's Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Gempler's Inc. or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Gempler's Inc. receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Gempler's Inc.' review of the Ideas is not an admission of novelty, priority or originality; and (b) Gempler's Inc.' use of any similar Ideas, whether based on User Content, provided to Gempler's Inc. by third parties, or independently developed or considered by Gempler's Inc., shall be without obligation to you.
Gempler's Inc. does not warrant the accuracy of information obtained from the Gempler's Website. Gempler's Inc. does not endorse, verify, evaluate or guarantee the accuracy or reliability of the information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You acknowledge and agree that any use or reliance on the User Content will be at your own risk and you are solely responsible for any such use or reliance.
Indemnification
You agree to indemnify and hold Gempler's Inc., its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to the Gempler's Website or Gempler's Inc.
Representations and Limitations of Liability
Gempler's Inc. makes no representations about the reliability of the features of the Gempler's Website, the Gempler’s Inc. Content, User Content, or any other Gempler's Website feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Gempler's Inc. makes no representations regarding the amount of time that any Content or User Content will be preserved. Gempler's Inc. does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Gempler's Inc. without the prior review and written approval of Gempler's Inc.
The Gempler’s Site is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to the Gempler’s Site or any information or software therein. Under no circumstances, including negligence, shall Gempler's Inc. be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use the Gempler’s Site, nor shall Gempler's Inc. be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Gempler's Inc.' reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to the Gempler’s Website’s records, programs, or services. Under no circumstances, including but not limited to a negligent act, will Gempler's Inc. or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the Gempler’s Site, even if Gempler's Inc. has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
Cross Reference Information
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
Hypertext Links
The Gempler's Website may be linked to other sites which are not maintained by Gempler's Inc. Gempler's Inc. is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Gempler's Inc. of the linked sites. Gempler's Inc. disclaims any liability for links: (i) from another site to the Gempler's Website and (ii) to another site from the Gempler's Website. In order to link to the Gempler's Website all users must comply with the Gempler's Website Terms.
Miscellaneous
These Terms will be governed by and construed in accordance with the internal laws of Wisconsin without regard to conflicts of laws principles. By using the Gempler’s Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal or state courts located in Brown County (Green Bay), Wisconsin. These Terms operate to the fullest extent permissible by law. Accessing materials on the Gempler's Website by certain persons in certain countries may not be lawful, and Gempler's Inc. makes no representation that materials on the Gempler's Website are appropriate or available for use in locations outside the United States. If you choose to access the Gempler's Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
On certain areas of our Gempler's Website, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on the Gempler's Website, and you hereby agree to the terms of that Policy. If Gempler's Inc. fails to act with respect to your breach or anyone else's breach on any occasion, Gempler's Inc. is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Gempler's Inc., and are accepted by you upon your use of the Gempler's Website.
These Terms constitute the entire agreement between you and Gempler's Inc. regarding the use of the Gempler's Website. By using the Gempler's Website you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Revised January 2019
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