Terms
& Conditions

NO PURCHASE NECESSARY.  PURCHASES DO NOT INCREASE YOUR CHANCES OF WINNING.  ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED.  VOID WHERE PROHIBITED.

I.  Sweepstakes and Sponsor

Participation in the Tanner Mann x Random Acts of Kindness Kindly Giveaway (the “Promotion”) constitutes Entrant’s full and unconditional agreement to these Official Rules.  Entrant is free to disclaim any prize and status as Entrant (as defined below) and as a result will not be eligible to receive any prize.  The Promotion is sponsored and administered by Kindly (“Client”).  All decisions related to, as well as all interpretation of, these Official Rules by Sponsor shall be final and binding.  This Promotion is no way sponsored, endorsed or administered by, or associated with, Instagram, or any other social media website or medium not mentioned herein.

II.  Eligibility

The Promotion is open only to: (a) legal residents of the United States; (b) 21 years of age or older; and (c) residing in the continental United States,  Employees, officers, and directors of Sponsor and its parent and affiliate companies and subsidiaries, and each such individual’s immediate family (spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners) and household members of each such individual are not eligible.  Eligibility is contingent upon agreement to, and compliance with, these Official Rules and fulfilling all requirements in these Official Rules.  Participation in the Promotion in any way, including submission of any entry or the partial completion of any act of entry or any other steps taken to participate in the Promotion in any manner, constitutes full and unconditional agreement with all provisions of these Official Rules.  The Promotion Period starts at 12:00 AM (PT) on tentative date of February 17, 2022 and ends at 11:59 PM (PT) on February 24, 2022 (the “Promotion Period”).  Only entries submitted and received during the Promotion Period will be accepted.  Sponsor’s computer will be the official timekeeper of this Promotion.

III.  How to Enter

NO PURCHASE NECESSARY.  PURCHASES DO NOT INCREASE CHANCES OF WINNING.  There is one (1) method of entry.  Any eligible Entrants entering this Promotion shall be an “Entrant.”  Limit 1 entry per person per email address.

• Instagram Entry Method:  During the Promotion Period, you will automatically become an Entrant and receive one entry by

Logging onto your Instagram account

 Following @teamkindly

Liking @tannermmann in-feed post about Kindly 

Commenting and tagging two friends, providing a comment as to why you want to cover you + your loved one in kindness. 

Entrants may be required to provide the following personal information in order to be eligible for Promotion prizes: first and last name, date of birth (month and year), email address, mailing address (including city, state or province, and ZIP or postal code), and phone number (including area code).

IV.  Conditions of Entry

All requested information must be provided to Sponsor in order to participate in this Promotion or redeem any Promotion prize.  Unintelligible entries; entries with incomplete, invalid, incorrect, or noncurrent information; entries that are counterfeit, damaged, or tampered with in any way; and entries with printing, production, or typographical errors will be disqualified.  Disqualified entries and entries that are late, lost, damaged, misdirected, stolen, or not delivered are not the responsibility of the Sponsor.  Sponsor is not responsible if a potential winner does not receive his or her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Promotion.   Proof of sent entry and/or entry receipt (such as a copy of a “thank you” screen or message) sent by Sponsor does not constitute proof of actual receipt of entry for purposes of this Promotion.

Participation must be by the Entrant.  Participation by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial promotion, subscription notification, and/or entering service sites, will be declared invalid and disqualified for this Promotion.  Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, and logins; entries through a sweepstakes club or similar entity; or any other unauthorized methods will void Entrant’s entries and Entrant will be disqualified.  Submitting mass entries or entries generated by an automated program, script, macro, or use of any other devices is prohibited and will result in disqualification.   

In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address connected to the social media account used to enter will be deemed to be the Entrant.  Potential winners may be required to show proof of being the authorized account holder.  The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization (business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.  If the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.  

Sponsor reserves the right in its sole discretion to disqualify any individual found to be in violation of these Official Rules.  Sponsor further reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Promotion (including, but not limited to, tampering with applicable websites), or acting in a non-sportsmanlike or disruptive manner.  Any attempt to undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. 

V.  Prize

Actual value may vary.  No compensation or substitution will be provided for any difference in prize value.  Prize must be accepted as awarded without substitution and is not, in whole or in part, assignable, transferable, or available for resale.  Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize.  This includes, without limitation, a warranty, representation, or guarantee related to any prize’s quality or fitness for a particular purpose.  Prize is subject to availability and Sponsor reserves the exclusive right to substitute a prize (or a component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason, as determined by Sponsor’s sole discretion.  Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of any prize not specified herein as being awarded are winner's sole responsibility.  Prize specific terms and conditions apply.    

Prize to be awarded:

• Grand Prize: There will be one (1) Grand Prize winner chosen from all eligible Entries received.  The Grand Prize consists of two (2) $500 gift cards to Walmart, and the entire Kindly product line for two. Approximate retail value (“ARV”) of Grand Prize is $1,500.

If a winner is disqualified, not eligible, or, for any other reason, cannot receive the Grand Prize selected by Sponsor (in its sole discretion), then Sponsor may randomly select a new winner from the pool of eligible Entrants.  Winners may be required to sign an Affidavit of Eligibility, Liability, and, where legal, Publicity Release (“Release”) to be eligible to participate in or receive any portion of the prize awarded.

Only the prizes set forth in these Official Rules will be awarded.  If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, unawarded, eligible prize claims.

VII.  Winner Determination, Notification, and Eligibility Verification

All potential winners are subject to eligibility verification by Sponsor, whose decisions are final and binding.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL THE ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED. 

To be verified as eligible to receive a prize, a potential winner must continue to comply with all terms and conditions, fulfill all requirements of these Official Rules, and not be disqualified for any reason.  Each potential winner will be notified by Instagram direct message (subject to Sponsor’s sole discretion) after being selected as a potential winner.  If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within three (3) business days; if any notification is returned as undeliverable or yields an error or undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if the potential winner fails to sign and return the Release (if applicable) or any other required documentation or fails to comply with these Official Rules; if any prize is returned as undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate may be chosen.   

In the event that a potential winner is disqualified for any reason, the foregoing process will be repeated with a randomly selected potential winner from the pool of remaining eligible entries.  In the event that the second attempt to award the prize fails, the prize will not be awarded.  Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Promotion Period.  If unable to verify eligibility, Sponsor will select the alternative potential winner within a reasonable time thereafter.  

In any case, the winner will be determined and the prize will be awarded within a reasonable time after the end of the Promotion Period

VIII.  Odds Statement

By entering this Promotion or accepting any prize, each Entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, Kindly, and their parent and affiliate companies, subsidiaries, sales representatives, distributors, partners, dealers, wholesalers, retailers, vendors, suppliers, promotional agencies, contractors, advertising, and fulfillment, including each company’s respective officers, directors, employees, and agents and their immediate families (spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners) and household members of each such individual, and any and all other companies and individuals associated with this Promotion (collectively, the “Released Parties”) from and against any claim or cause of action related to this Promotion.  Possible claims or causes of action include, but are not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss, or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); and damage to or loss of property, arising out of Entrant’s participation in the Promotion or the receipt or use or misuse of any prize.  IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION.  (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.  Check your local laws for any restrictions or limitations regarding these limitations or exclusions.)

Entrants waive any right to claim ambiguity in these Official Rules.  The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing of entries, or redeeming any prize; (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or acceptance of any prize; (6) the receipt, use, or misuse of any prize; and (7) any other errors in any materials, information, or announcements associated with the Promotion.  If for any reason an Entrant’s entry is confirmed to have been erroneously voided or corrupted by Sponsor, Entrant’s sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion has not then expired.  

IX.  Indemnification and Limitations of Liability

By entering this Promotion or accepting any prize, each Entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, Kindly, and their parent and affiliate companies, subsidiaries, sales representatives, distributors, partners, dealers, wholesalers, retailers, vendors, suppliers, promotional agencies, contractors, advertising, and fulfillment, including each company’s respective officers, directors, employees, and agents and their immediate families (spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners) and household members of each such individual, and any and all other companies and individuals associated with this Promotion (collectively, the “Released Parties”) from and against any claim or cause of action related to this Promotion.  Possible claims or causes of action include, but are not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss, or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); and damage to or loss of property, arising out of Entrant’s participation in the Promotion or the receipt or use or misuse of any prize.  IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION.  (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.  Check your local laws for any restrictions or limitations regarding these limitations or exclusions.)

Entrants waive any right to claim ambiguity in these Official Rules.  The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing of entries, or redeeming any prize; (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or acceptance of any prize; (6) the receipt, use, or misuse of any prize; and (7) any other errors in any materials, information, or announcements associated with the Promotion.  If for any reason an Entrant’s entry is confirmed to have been erroneously voided or corrupted by Sponsor, Entrant’s sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion has not then expired.  

X.  Publicity

Except where prohibited, participation in the Promotion and/or receipt or use of any prize constitutes Entrant’s consent to Sponsor’s use of Entrant’s name, likeness, photograph, voice, opinions, statements, biographical information, hometown, and state for promotional or advertising purposes in any media, worldwide, now known or hereafter developed, in perpetuity, without further review, notification, payment, or consideration (unless prohibited by law). 

XI.  Enforceability of Official Rules

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor reserves the right to correct clerical or typographical errors in promotional materials or these Official Rules.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

XII.  Suspension

Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Sponsor’s reasonable control, impairs Sponsor’s ability to properly conduct the Promotion, as determined by Sponsor in its sole discretion and subject to any law or regulation.  In such event, Sponsor reserves the right, but not the obligation to award any applicable prize from the Entries submitted before the cancellation, suspension, or modification of the Promotion.

XIII.  Disputes

Except where prohibited, Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in New York, New York; and (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (no matter what jurisdiction), that would cause the application of the laws of any jurisdiction other than as stated.

XIV.  Privacy 

By entering this Promotion or the receipt or use of any prize, each Entrant agrees to Sponsor’s manner of collection, use, retention, and disclosure of their personal information submitted in connection with the Promotion, including without limitation, all names, addresses, emails, phone numbers, and birth dates obtained from or provided by Entrants.  Information collected may be shared with Client and, in such event, is subject to Client’s privacy policy and any state or federal law.  Client’s privacy policy can be found at [www.thisiskindly.com].  Consult the aforementioned policy for information on how Client collects and uses user information.

XV.  Data

Sponsor is not responsible if any communication, electronic or otherwise, is intercepted, misdirected, or not received for any reason.  Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, or defect; miscommunications or failed, jumbled, or scrambled computer, telephone, or cable transmissions; delay in operations or transmission; theft, destruction, unauthorized access to, or alterations of Promotion materials; technical, network, telephone, electronic, computer, hardware, or software malfunctions or limitations of any kind; lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; inaccurate transmissions or failures to receive information on account of technical problems or traffic congestion on the Internet or at any website; or any combination thereof.  Sponsor assumes no responsibility for any damage to an Entrant’s or any other individual’s computer or wireless phone which occurs by accessing any Promotion-related websites or otherwise participating or redeeming prizes related to this Promotion.  

XVI.  Sponsor

Sponsor: Kindly [10 48 W 38th St, New York, NY 10018]. For a full list of details and official rules, see [Hyperlink].

Welcome to Gelmart Industries, Inc.’s (“Gelmart”) Web site located at [www.thisiskindly.com] (the “Site”). The following terms and conditions (the “Terms”) govern your access to and use of all or part of the Site. 

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms and Gelmart’s Privacy Notice [🡨HYPERLINK], which is incorporated into these Terms by reference as if fully set forth herein. 

Please read these Terms carefully before using the Site. You understand and agree that your use of the Site or any services made available on or through the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use the Site and must exit and discontinue your use of it immediately.

If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Gelmart Industries, Inc. at 48 West 38th Street, 10th Floor, New York, New York 10018 Attention: Legal or through the <Contact Us> page on our website.

Subject to these Terms, Gelmart hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all content, photographs, and other materials, including the Site, made available to you are the copyrighted work of Gelmart or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.

You agree to use the Site only for purposes that are permitted by these Terms, and at all times in compliance with all applicable laws, regulations, and generally-accepted practices and guidelines in the relevant jurisdictions. You may use the Site as authorized in these Terms and for no other purposes. 

You agree not to use the Site:

• In any way that violates any applicable federal, state, provincial/territorial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software);

• To impersonate or attempt to impersonate Gelmart, a Gelmart employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen or account names associated with any of the foregoing); and

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Gelmart or users of the Site or expose them to liability, or that may violate these Terms.

Without limiting the foregoing, you additionally agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or any Gelmart systems, or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

• Use any bot, crawler, spider, scraper or other automatic device, process or means to access the Site or any information transferred through the Site, for any purpose, including monitoring, copying or transferring any of the content on the Site;

• Use any manual process to monitor, copy or transfer any of the content on the Site or any information transferred through the Site, or for any other unauthorized purpose without our prior written consent;

• Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose, including commercial purposes;

• Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Gelmart in a way that is likely or intended to cause confusion about the owner or authorized user of materials;

• Use any device, software or routine that interferes with the proper working of the Site;

• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, including without limitation any information transferred through the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

• Otherwise attempt to interfere with the proper working of the Site.

As between you and Gelmart, Gelmart owns all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in (i) the Site, any graphics, texts, icons, buttons, data or information we include in the Site, and any products, training materials, deliverables, and the Gelmart network or databases that may be utilized to provide the services (“Site Content”), and (ii) any information, data, trends, analyses, metadata or other data which may be derived from any of the foregoing that is derived or created by Gelmart and Gelmart’s databases and networks. The Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Gelmart or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute text, images, data, and other information and materials to the Site for access, use, viewing, and commentary by other users of the Site and/or Gelmart (collectively, “User Content”). By posting User Content to the Site or otherwise submitting User Content to Gelmart, you represent that you have the full legal right to provide the User Content and that use of the User Content by Gelmart and all other persons and entities, on the Site, and/or in accordance with this section, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) be obscene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party, all as determined by Gelmart in our sole and absolute discretion. Upon your submission of User Content or other material or information to Gelmarty, you grant Gelmart a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, translate, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever.

No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserved by Gelmart. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice. We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Content or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

The Site may contain links to other websites or feature services of third parties for the convenience of users: (a) in locating information, products, or services that may be of interest; or (b) with performing or receiving the services, and complying with any requirements associated with such transactions. Use of such third-party links or third-party services on or made available through the Site is entirely at your own risk. Gelmart does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third-party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Gelmart does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Site.

Gelmart has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (b) terminate or suspend your access to all or part of the Site, including without limitation, for any violation or suspected violation of these Terms. Without limiting the foregoing, Gelmart has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing information on or through the Site. You waive and will hold harmless Gelmart and its affiliates, licensees and services providers, from any claims resulting from any action taken by Gelmart or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GELMART DOES NOT MAKE ANY PROMISE, REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUFFICIENCY OF THE SITE, SITE CONTENT OR USER CONTENT TO BE PROVIDED HEREUNDER BY GELMART.

The information presented on or through the Site, including any information provided to you which is requested through the Site (such as reports ordered, or based on information gathered, via the Site), is made available for general information purposes. While Gelmart will endeavor to provide you with information that it believes to be accurate based on the information and data provided by you, Gelmart cannot and does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on the information presented to you on or through the Site, including any information provided to you which is requested or received through the Site, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER GELMART NOR ANY PERSON ASSOCIATED WITH GELMART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THE SITE, THE SITE CONTENT, OR THE INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER GELMART NOR ANYONE ASSOCIATED WITH GELMART REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL GELMART BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN EITHER IN A COURT OF LAW OR THROUGH ARBITRATION. IN NO EVENT SHALL GELMART’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF GELMART AND ITS LICENSORS SHALL NOT EXCEED TEN U.S. DOLLARS.

Without limiting the foregoing, you understand and acknowledge that Gelmart shall not be liable to you for:

a) Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

b) Any loss or damage which may be incurred by you as a result of: (1) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the Site; (2) any changes that Gelmart may make to the Site, or for any permanent or temporary cessation in the provision of the Site (or any features within the Site); (3) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site; (4) the use of any products or services obtained on or through the Site; or (5) any other matter relating to the Site, the Site Content, or the User Content. 

The limitations on Gelmart’s liability to you in this Section 8 shall apply whether or not Gelmart has been advised of or should have been aware of the possibility of any such losses arising. 

IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

You agree to defend, indemnify, and hold harmless Gelmart, its parents, subsidiaries, officers, directors, shareholders, members, employees, agents, affiliates, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Site; (b) your violation of any of these Terms; and (c) your violation of any third party rights, including intellectual property or privacy rights. This defense and indemnification obligation will survive the termination or cessation of these Terms and your use of the Site. Gelmart reserves the right, at Gelmart’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim that is referenced or otherwise covered by this Section 9 without the prior written consent of Gelmart.

These Terms represent the entire agreement between you and Gelmart with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. You hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York and you hereby irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

The Site is controlled and operated from within the United States. Without limiting anything else, Gelmart makes no representation that the Site, Site Content, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.

While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the contact information provided above.

These Terms, including the Privacy Notice, constitute the entire legal agreement between you and Gelmart regarding the Site and govern your use of the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Gelmart regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

You understand that Gelmart may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Gelmart will make a new copy of the Terms available on the Site. You agree that Gelmart is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that any failure or delay by Gelmart to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Gelmart has the benefit of under any applicable law) will not be taken to be a formal waiver of Gelmart’s rights and that those rights or remedies will still be available to Gelmart. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Last Updated: May 27, 2021

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