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WEBSITE TERMS OF USE

Welcome to GU-GLOBAL.COM (the “Site”). We make information available to you on GU-GLOBAL.COM subject to the following terms and conditions. If you visit the Site, You accept these Terms + Conditions. Please read them carefully. This Agreement is between you (“you” or “user”) and GU USA LLC (“GU”) pursuant to which GU is prepared to grant you access to this Site. GU reserves the right to change this Agreement from time to time at its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the Site, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us as set forth below.

APP TERMS OF USE

Welcome to GU Mobile Application (the “App”). We make information available to you on the App subject to the following terms and conditions. If you utilize the App, You accept these Terms + Conditions. Please read them carefully. This Agreement is between you (“you” or “user”) and GU USA LLC (“GU”) pursuant to which GU is prepared to grant you access to this App. GU reserves the right to change this Agreement from time to time at its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this App. This Agreement is in addition to your obligations and rights under the Privacy Policy also posted on the App. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the App, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us as set forth below.

LICENSE AND SITE ACCESS

GU grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of GU. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of GU-GLOBAL.COM or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GU. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GU and its affiliates (including the parent company, “Affiliates”) without express written consent from GU. Any unauthorized use terminates the permission or license granted by GU.

LICENSE AND APP ACCESS

GU grants you a limited license to access and make personal use of the App and not to download or modify it, or any portion of it, except with express written consent of GU. This license does not include any resale or commercial use of the App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GU. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GU and its affiliates (including the parent company, “Affiliates”) without express written consent from GU. Any unauthorized use terminates the permission or license granted by GU.

TERMS OF USE FOR DOWNLOAD AND USE OF THE SCREENSAVER

You can download the Screensaver from the Site and use it. The Screensaver is provided “as is” and your use of the Screensaver is at your own risk. The Screensaver may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the Software for viruses before downloading to your computer. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to the Screensaver. Except to the extent permitted by law, GU disclaims all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with downloading, installation or use of, or inability to use Screensaver. In particular and without limitation to the generality of the above, GU shall not be liable for any loss of uses of or damage to a computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage. GU does not hold any obligation to answer any question about use of the Screensaver.

TRADEMARKS AND SERVICE MARKS

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of GU or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to GU. GU and its logo are, without limitation, among the registered trademarks of GU and its Affiliates. Infringement of any GU trademark is not permitted.

COPYRIGHTS

All content including product designs (including any and all collateral materials relating thereto) included on this Site are owned by GU and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without GU’s express written agreement.

OUR PRODUCTS

GU attempts to be as accurate as possible in its product descriptions. However, GU does not warrant that product and price descriptions or other content of this site are accurate, complete, reliable, current, or error-free.

PROMO CODES

Promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude tax, shipping fee and gift wrapping fee. Discounts cannot be used in conjunction with any other offers.

MULTIPLE ACCOUNTS

Gu reserves the right to temporarily block, suspend or terminate the account of anyone who provides inaccurate, untrue or in complete information, anyone who abuses the services provided by our website and app as well as anyone that qualifies for inappropriate account activity on our website or app.

RETURNS

To ensure a positive shopping experience for all our customers, if we identify an unreasonable return pattern, we may restrict or refuse future transactions from such customers. We also reserve the right to terminate accounts and limit purchases in our sole business discretion.

COMMUNICATIONS AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information, to our User Service Department so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you do submit material, you automatically grant GU and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant GU and its Affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that you will indemnify GU and/or its Affiliates for all claims resulting from content you supply. GU has the right but not the obligation to monitor and edit or remove any activity or content. GU takes no responsibility and assumes no liability for any content shared by you or any third party through the Site.

TEXT MESSAGES FROM US

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email guusa_contactus@gu-global.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY GU ON AN “AS IS” AND “AS AVAILABLE” BASIS. GU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GU DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM GU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. GU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL GU’S LIABILITY TO YOU IN CONNECTION WITH THIS SITE AND THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY EXCEED $500.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify GU and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that GU may incur as a result of your breach of any of these Terms + Conditions or any claims brought against GU and/or its Affiliates relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

SECURITY

Please review our security practices set forth in our Privacy Policy.

GOVERNING LAW; EXCLUSIVE JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to its conflict of law rules and applicable U.S. federal law. In the event of any dispute hereunder, you and GU hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in New York County or the Federal courts of the United States of America located in the Southern District of New York (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.

FORCE MAJEURE

GU shall have no liability to you for any delay or failure in carrying out its obligations to any customer for reasons beyond GU’s control, including without limitation, acts of God, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and services. GU may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to GU with respect to any undelivered portion of the order so canceled.

GENERAL

By your continued use of this site, you acknowledge that you have read and understand these Terms of Use and you agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of GU. GU’s failure to act with respect to a breach by you or others does not waive GU’s right to act with respect to subsequent or similar breaches. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in this Agreement. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law. If you have any questions regarding this Terms of Use for this Site, please contact us at guusa_contactus@gu-global.com

© GU USA LLC 2024 Last Updated: October 10, 2024