The Goodheart-Willcox Company, Inc.
Terms of Use

Date Effective: September 11, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR OUR SERVICES.

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE AND ANY DIGITAL PRODUCT AND/OR SERVICE YOU MAY ACCESS OR PURCHASE THROUGH THIS SITE (INCLUDING, WITHOUT LIMITATION, ONLINE TEXTBOOKS, EBOOKS, INSTRUCTOR RESOURCES, AND DIGITAL MATERIALS). IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND. Users under the age of 18 need to have parental permission to purchase and self-register for services.

Our products and/or services generally are not intended for children under the age of 13, but in some instances, children under the age of 13 may be eligible users of certain products and/or services, such as in the school setting. If that is the case, the child’s parent or legal guardian or school must assist the child in registering the product or service for use. Any information that may be needed for delivery of the product and/or service which may not be legally collected from a child under the age of 13 must be provided by the child’s parent, legal guardian, or school with the consent of a parent or legal guardian, in each case as may be required by law. If you have reason to believe that we have collected personal information from someone under 13 years of age without having obtained the authorizations described above, please contact ciso@g-w.com.

We encourage parents and teachers to spend time online with children and to monitor their online activities. Please protect your child's privacy by instructing them to never provide personal information via the internet without your permission.

Acceptance of these Terms of Use

Welcome to www.g-w.com (the "Website") owned and operated by The Goodheart-Willcox Company, Inc. ("Goodheart-Willcox", "G-W", "we", or "us"). In addition to www.g-w.com, the term "Website" shall also include any other websites, web pages, mobile applications, and mobile Websites operated by G-W.   G-W also provides our customers the following "Services" either directly or through our technology partners: G-W Online Textbook Platform; Online Learning Suite ("OLS"); Online Instructor Resources ("OIR"); G-W EduHub Powered by D2L Brightspace; G-W EduHub LMS-Ready Content; G-W Ignite and G-W eCommerce.  Our Services are generally performed for our customers who are educational institutions or directly for the benefit of students located in the United States.

These terms and conditions (together with any documents referred to in them, collectively these "Terms of Use") apply to you ("you" or "your" or "yours" meaning (i) a user of the Website or Services and, when the user of the Website or Services is a minor, their parent or legal guardian, and (ii) when the user of the Website or Services is authorized or provided access to use the service by a school or other institution or entity (each, a "school"), a teacher (a "teacher") or by a school district or state (each, a "district"), the terms "you" (and "your" and "yours") also include such school, teacher or district) and your use of the Website or Services including, without limitation, any content, functionality or services offered on or through the Website or Services, whether as a guest or as a registered user. By using the Website, or agreeing to allow us to perform Services for you or your educational institution, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (available at https://www.g-w.com/privacy), which is incorporated as a part of these Terms of Use by this reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not use and immediately exit the Website and we will not be able to enter into an order with you to perform Services.

If your educational institution and G-W have a separate signed agreement(s), including a Quote, Data Processing Addendum and/or other agreement then such agreement(s) will control if there is a conflict between the terms of such agreements and the terms of this Terms of Use.

IMPORTANT NOTICE:  These Terms of Use contain certain Disclaimers and Limitations on our Liability and a Binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Website or Services.  Please read these sections carefully.  If You do not agree to such terms, please do not use the Website or Services.

Changes and Updates

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. All changes to these Terms of Use are effective immediately when posted by us, and if we make material changes, we will change the effective date of these Terms of Use, and we will let you know by displaying a short banner message on certain web pages for a set amount of time. Your continued use of the Website or our Services following the posting of any revised Terms of Use means that you accept and agree to all such changes. These Terms of Use may not be modified, amended, or changed by you in any manner.

Accessing the Website, Subscription Services, and Account Security

  • By using this Website or Services, you represent and warrant that (i) you are of legal age to form a binding contract with G-W, (ii) as a school, district or teacher, you have obtained all parental consents and permissions and have provided all necessary parental notices in connection with the Service required by federal, state, and local law (and all regulations and rules thereunder), including without limitation the Children’s Online Privacy Protection Act and the Family Educational Rights and Privacy Act; and if you are a Teacher providing a student with access to use the Service, you further hereby represent and warrant that you are acting as an authorized agent of the student’s School or District,  (iii) as a parent or legal guardian of a minor, you will be responsible for all uses of the Service by that minor and (iv) you will not use the Website or Services for any unlawful purpose or in violation of any law or these Terms of Use or for any purpose not expressly permitted in these Terms of Use.
  • We reserve the right to withdraw or amend this Website or our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services, or the entire Website or Services, to users, including registered users.
  • We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated or failed to comply with any provision of these Terms of Use.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website and Services.
  • Ensuring that all registration details or other Personally Identifiable Information that you provide on the Website or for the Services is correct, current, and complete.
  • Understanding the actions we take with respect to your Personally Identifiable Information as described in our Privacy Policy.
  • For classroom subscriptions, maintaining the confidentiality of any usernames, passwords, or other piece of information provided to you as part of our security procedures. You are responsible that access is only provided up to the number of seat licenses purchased.
  • For individual subscriptions, not providing any other person with access to this Website, Services or portions of either of them using your username, password, or other Personally Identifiable Information.
  • Notifying us immediately of any unauthorized access to or use of your username or password or any other breach of security. 
  • Ensuring that you exit from your account at the end of each session, and  using caution when accessing your account from a public or shared device so that others are not able to view or record your password or other Personal Information.

Intellectual Property Rights

The Website, Services and their respective contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by G-W, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, except that Subject to your compliance with these Terms of Uses and any use restrictions specified in the applicable Purchase Order or other applicable terms, and during the term of the applicable Services, you may

  • You may store copies of such materials temporarily in RAM;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print no more than 20% of the pages of the Website or Services for your personal, non-commercial use and not for further reproduction, publication or distribution;
  • if we provide desktop, mobile or other applications for download, you may download a single copy solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement that may be separately provided for such applications; and
  • Services may contain digital materials that are presented to you in a modifiable format, in which case your modification of the digital materials is expressly and clearly permitted ("Modifiable Content") (e.g., Lesson Plans in a DOCX file type, PowerPoint presentation in PPTX file format, Quiz item in a QTI file format, Excel spreadsheets in XLS format); provided, however, Modifiable Content must remain protected and not be published to the general public and be only provided in a controlled environment. (e.g., closed network access, controlled online course, password protected site).
  • Teachers may incorporate G-W digital materials (including your modifications and derivative works of Modifiable Content) in the following ways:
    • in a classroom provided as a printed handout (so long as they are provided without charge and limited in the number of copies),
    • in online classrooms or courses (provided access to the digital materials is password protected and limited to matriculated students enrolled in your class).
    • in-class displays (e.g., via projector, whiteboard, or monitor)
    • class outlines or lessons, and
    • non-fee based assessments, in each case associated with a course of study (i.e., a class) for which the G-W text included in the specified Purchase Order ("Title") has been adopted and is concurrently being used ("Course").

Subject to the foregoing, you may not:

  • modify copies of any materials from this Website or Services;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website or Services;
  • reproduce, sell or exploit for any commercial purposes any part of the Website, Services, access to the Website or Services, or use of the Website or any Services or materials available through the Website or Services;
  • modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website or Services;
  • use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, data mining techniques or other automated devices or programs) to catalog, download or otherwise reproduce, store or distribute content available on the Website or Services;
  • delete or revise any material on the Website or Services;
  • take any action to interfere with, or disrupt, the Website or Services, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms of Use; and
  • decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website or Services;
  • Post any G-W content to a publicly accessible website

No right, title or interest in or to the Website or Services or any content on the Website or Services is transferred to you, and all rights not expressly granted are reserved by G-W.

Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you wish to make any use of material on the Website or Services other than that set out in this section, please address your request to: ciso@g-w.com.

Trademarks

The G-W name, logo and all related names, logos, product and service names, designs and slogans are trademarks of G-W or its affiliates or licensors. You must not use such marks without our prior written permission in each instance. All other names, logos, product and service names, designs and slogans on this Website or Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use.

Without limiting the forgoing, you agree not to use the Website or the Services:

  • in any way that violates any applicable federal, state, local or other law or regulation including, without limitation, any laws regarding the export of data or software to and from the United States or other countries;
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personally Identifiable Information or otherwise;
  • to send, knowingly, download, use or re-use any material which does not comply with these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate G-W or any G-W employee, another user, or person or entity including, without limitation, the use of email addresses associated with any of the foregoing;
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm G-W or users of the Website or Services or expose them to liability;
  • use the Website or Services for any fraudulent or unlawful purpose; and
  • use the communication systems provided by or contacts made on the Website or Services for any commercial solicitation purposes.

Additionally, you agree not to:

  • use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or Services or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services;
  • use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including to monitor or copy any of the material on the Website or Services;
  • use any manual process to monitor or copy any of the material on the Website or Services or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Website or Services;
  • 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 Website or Services, the server on which the Website or Services is stored, or any server, computer or database connected to the Website or Services;
  • attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack;
  • solicits funds or that advertise or solicit goods or services;
  • make or share any stock touts;
  • advertise or recruit for an available job position or to solicit an individual for an available job position; and
  • otherwise attempt to interfere with the proper working of the Website or Services.

User Contributions

The Website or Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or Services. G-W also uses other social media platforms (e.g. LinkedIn, Facebook, Twitter) to interact with and provide information to users, which is subject to the Content Standards of this policy.

You must register in accordance with instructions that you will find on the Website or Services in order to use or contribute to any Interactive Services and you must comply with the Content Standards set forth in these Terms and Conditions. If functionality of the Website or Services permits, you may create and save bookmarks, highlights and annotations to content on the site.

Any User Contribution you post to the Website or Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Services, and subject to our Privacy Policy, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
  • all your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not G-W, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

G-W is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or Services.

Monitoring and Enforcement; Termination

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or Services or the public or could create liability for G-W;
  • disclose your identity or other Personally Identifiable Information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services; and
  • terminate your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms of Use.

We do not undertake to review material before it is posted on the Website or Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other Personally Identifiable Information of anyone posting any materials on or through the Website or Services. YOU WAIVE AND HOLD HARMLESS G-W AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY G-W AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER G-W OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

This is a professional Website or Services, so please act professionally. These "Content Standards" apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use or our Privacy Policy;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • distribute viruses, malware, or any other destructive or malicious code, post content that damages networks, servers, or other infrastructure of G-W;
  • involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Personally Identifiable Information About You and Your Visits to the Website or Services

All Personally Identifiable Information we collect on this Website or Services is subject to our Privacy Policy. By using the Website or Services, you consent to all actions taken by us with respect to your Personally Identifiable Information in compliance with the Privacy Policy.

Registration

In order to access certain services on the Website or Services, purchase services, or download certain content, you will be required to provide specific Personally Identifiable Information. All Personally Identifiable Information about you must be truthful, and you may not use any aliases or other means to mask your identity. Screen names or IDs may not be offensive, deceptive or violate any other party’s rights. Any access codes or passwords provided should always be safeguarded. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. All Personally Identifiable Information that you submit during the registration process, or otherwise during your use of the Website or Services, will only be used in accordance with our Privacy Policy.

We may, at our discretion, suspend or terminate the registration of any user who violates any of these Terms of Use of use or for any other behavior that we in our discretion believe is inappropriate.

Copyright & Compensation

You warrant that you own or otherwise control all the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party.

You are not entitled to any compensation for any materials you post on the Website or Services.

Subject to Review

The information presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information 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 Website or Services, or by anyone who may be informed of any of its contents.   In particular, any medical content is provided for educational and informational purposes only and does not constitute providing medical advice or professional services. The information provided should not be used for diagnosing or treating a health problem or disease, and those seeking personal medical advice should consult with a licensed physician or other qualified health provider regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website or Services.

The Website or Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of G-W.

We are not responsible or liable to you or any third party for the content or accuracy of any materials provided on the Website or Services. Users remain solely responsible for the content of their messages. We retain the right, but not the obligation, to reject, modify or remove messages that we consider unacceptable or that violate these Terms of Use or our other policies.

G-W’s Limited Liability

We are not responsible for material appearing on the Website or Services. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason including, but not limited to, those prohibited contributions described above. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate our policies, these Terms of Use or any other agreements between the user and us. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages, postings, resumes or other material.

We do not assume any obligation to remove any messages, postings, resumes or other material and disclaim any liability for failing to take such action.

Please remember that there are risks in dealing with others that you meet during your use of the Website or Services, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website or Services. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Website or Services.

Because user authentication on the internet is difficult, we cannot and do not confirm that each user of the Website or Services is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website or Services. If you have a dispute with one or more users, you release G-W (and our agents, officers, directors, and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Disclaimer of Warranties

You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, G-W WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SERVICES LINKED TO IT.

THE WEBSITE OR SERVICES, ITS CONTENTS AND MATERIALS AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS WEBSITE OR SERVICES IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT ANY SERVER THAT MAKES THE WEBSITE OR SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL G-W, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITE OR SERVICESS LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITE OR SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

G-W’S MAXIMUM LIABILITY FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $200.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Links

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may write to: ciso@g-w.com

We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Website, at our discretion at any time.

This Website or Services may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on this Website or Services;
  • send emails or other communications with certain content, or links to certain content, on this Website or Services; and
  • cause limited portions of content on this Website or Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

You must not:

  • establish a link from any website that is not owned by you;
  • cause the Website or Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website;
  • link to any part of the Website or Services other than the homepage; and
  • otherwise take any action with respect to the materials on this Website or Services that is inconsistent with any other provision of these Terms of Use.

These Terms of Use apply only to the Website or Services, and not to the websites of any other companies or organizations, including those to which the Website or Services may link. However, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

We are not responsible for the availability of any other website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website or Services

If the Website or Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Website or Services by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website or Services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website or Services.

If you believe any materials on the Website or Services infringe a copyright, you should provide us with written notice that at a minimum contains:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website or Services are covered by a single notification, a representative list of such works at that Website or Services;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to ciso@g-w.com.

Indemnification

You agree to defend, indemnify and hold harmless G-W, its affiliates, licensors, service providers and each of their respective officers, directors, members, managers, employees, contractors, attorneys and other agents and their respective successors and assigns ("Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs, fees and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your violation or breach of these Terms of Use of the Website or Services, including, but not limited to, your User Contributions, any use of the Website or Services’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Services.

Geographic Restrictions

We control and operate this Website or Services from our offices in the State of Illinois, United States of America. We do not represent that materials on the Website or Services are appropriate or available for use or are assessable in any other locations. Access to the Website or Services may not be legal by certain persons or in certain countries. Persons who choose to access this Website or Services from other locations do so on their own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Website or Services or these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or Services shall be instituted exclusively in the federal courts of the United States District Court for the Northern District of Illinois, or the courts of the State of Illinois, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts.

Waiver and Severability

No waiver of by G-W of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of G-W to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Website or Services, you agree that if a dispute arises between you and one or more of the Indemnified Parties relating in any way to the Website or Services or your use thereof, including common law or statutory claims, BOTH YOU AND THE INDEMNIFIED PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE INDEMNIFIED PARTIES MUST BE ARBITRATED IN CHICAGO, ILLINOIS. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE INDEMNIFIED PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Indemnified Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  Any such suit shall be adjudicated by a state or federal court located in Chicago, Illinois, and you hereby consent to jurisdiction in such courts for such suits.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website or Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto. You may not assign this Agreement without G-W’s prior written consent. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.