Terms and Conditions
Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Trademark and Copyright Notice. All of the Content on the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Gofer, goferparts.com, floormachinepartsusa.com, or one of their respective affiliates or by third parties who have licensed their materials to us.
The following are trademarks and service marks held by Gofer and its subsidiaries and affiliates:
- You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
- Your Conduct. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- You agree that your use of robots, spiders, crawlers, wanderers, Web agents and other such automated processes on the Site will be Standard for Robot Exclusion (SRE) -compliant robots ("robots") and when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.floormachinepartsusa.com/robots.txt ("the robot.txt file"). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site, without prior notice.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
- You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
- Site Content. You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any. Color/Product Description. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
- Links to Third Party Sites. This Site may contain links to Sites owned or operated by third parties. Such links are provided for your reference only and we do not control such Sites and we are not responsible for their content. We reserve the right to terminate a link to a third party Site at any time and the fact that we provide a Link does not mean that we endorse, authorize or sponsor that Site.
- Comments and Submissions. We welcome your comments, notes, messages, ideas, reviews of services or products, feedback, suggestions or other communications (collectively, "Submissions") concerning the Site, which shall be and remain the property of floormachinepartsusa.com and Gofer.
- You may post Submissions so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. floormachinepartsusa.com reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
- By posting or sending us any Submission, you grant floormachinepartsusa.com and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.
- By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify floormachinepartsusa.com and its subsidiaries against all claims and liabilities resulting from your Submission. floormachinepartsusa.com does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
OUR WEBSITE CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, GOFER AND FLOORMACHINEPARTSUSA.COM DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
NEITHER GOFER NOR FLOORMACHINEPARTSUSA.COM SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. NEITHER GOFER NOR FLOORMACHINEPARTSUSA.COM REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE GOFER ONLINE STORE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
NEITHER GOFER NOR FLOORMACHINEPARTSUSA.COM ENDORSES OR MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY THIRD PARTY SITES YOU MAY LINK THROUGH THE GOFER ONLINE STORE, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY.
NEITHER GOFER NOR FLOORMACHINEPARTSUSA.COM MAKES ANY REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND NEITHER SHALL HAVE ANY RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT.
IN NO EVENT SHALL GOFER OR FLOORMACHINEPARTSUSA.COM OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GOFER OR FLOORMACHINEPARTSUSA.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.
YOUR USE OF THE GOFER ONLINE STORE IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE ONLINE STORE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOFER ONLINE STORE.
Our Rights. We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products without the appropriate agreement with Gofer. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. We reserve the right to charge fees or extra shipping charges for any product that is backordered in accordance with the properly posted fees in whole or in part. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
Shipping Address. To make purchases on the Site, you must have a shipping address in the United States or use an APO/FPO U.S. military address. Shipments outside of the United States will be confirmed on an as needed basis, however will not constitute a guaranteed order until.
Sales Tax. Items that are shipped to New Jersey are subject to tax at the appropriate state and local rate.
Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- 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 authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
Gofer Parts, LLC
1 T and G Way
Blackwood, NJ 08012
By phone: (856) 768-0200
By email: firstname.lastname@example.org