Terms of use
WHAT’S WHAT PRODUCTIONS, LLC ("WWP") and KERSTI FRIGELL & ASSOCIATES, LLC (KF&A) provide this website to you subject to the following Terms of Use. If you visit or purchase products at GALLAVANTS.com. (this “Site”), you accept these Terms of Use. Please read them carefully.
COPYRIGHT, TRADEMARK, OWNERSHIP INFORMATION
GALLAVANTS® is the intellectual property of KF&A.
KF&A has granted WWP the right to act as exclusive agent for the GALLAVANTS® Property worldwide.
Copyright © 2014, KERSTI FRIGELL & ASSOCIATES, LLC. All rights reserved. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software used on this Site (other than your User Consent) (collectively “Site Content”), is the property of KF&A or its suppliers, and is protected by United States and international copyright laws.
All GALLAVANTS® trademarks, logos and service marks (“Marks”) displayed on this Site, are KF&A’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party.
All the intellectual property rights, including copyrights, patents and trademarks in the Site (other than User Content) are owned by KF&A or its suppliers. KF&A and its suppliers reserve all rights not granted in these Terms of Use.
PRIVACY POLICY
Please click here to view our complete standard Privacy Policy. Click here to view our Children’s Privacy Policy. The terms of the standard Privacy Policy and Children’s Privacy Policy are incorporated into, and considered a part of, these Terms of Use.
LICENSE AND SITE ACCESS
Subject to these Terms of Use, KF&A and WWP grant you a limited, revocable, and non-exclusive license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KF&A or WWP. You may not frame or utilize framing techniques to enclose any Mark or other proprietary information (including Site Content, page layout, or form) of GALLAVANTS® without express written consent of KF&A or WWP. Any unauthorized use automatically terminates the permission or license granted by KF&A and WWP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site, as long as the link does not portray GALLAVANTS®, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mark as part of the link without express written permission of KF&A or WWP.
KF&A and WWP reserve the right, at any time, to modify, suspend, or discontinue this Site or any part thereof with or without notice. You agree that KF&A and WWP will not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or any part thereof. Any future release, update, or other addition to functionality of this Site shall be subject to these Terms of Use.
YOUR ACCOUNT
If you have a Site account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WWP reserves the right to refuse service and/or suspend or terminate accounts in its sole discretion. Upon termination of your account, your right to access and use this Site will terminate immediately. You understand that any termination of your account involves deletion of your User Content associated therewith from our live databases and we will not have any liability for such termination or deletion.
PURCHASES
All products listed on this Site (“Products”), their description, and their prices are each subject to change. WWP reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product, without notice or liability to you.
For each Product you order on this Site, you agree to pay the price applicable for the Product as of the time your submitted your order, the delivery fees for the delivery service you select, and any applicable Taxes (defined below). WWP will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on WWP’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by WWP.
We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. If we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
Please refer to www.gallavants.com for additional information about Product orders.
USER CONTENT
“User Content” of a user of this Site means any and all information and content that such user uses with this Site (e.g., a picture for a group). You are solely responsible for your User Content and you assume all risk associated with your User Content. By using your User Content with this Site, you automatically grant, and you represent and warrant that you have the right to grant, to WWP an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in this Site.
You agree that your User Content will not (a) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (b) be harmful to minors in anyway, or (c) be obscene, offensive, pornographic, unlawful, or otherwise objectionable.
We reserve the right in our sole discretion to (but have no obligation to) (a) review any and all User Content, (b) remove any and all User Content, and/or (c) if you violate these Terms of Use or create liability for us or any other person, take appropriate action against you, including terminating your account and/or reporting you to law enforcement authorities.
DISCLAIMER OF WARRANTIES
THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WWP ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE THE FOREGOING AT YOUR SOLE RISK. WWP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND/OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WWP DOES NOT WARRANT THAT THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE, ASSOCIATED SERVERS, AND/OR E-MAILS SENT FROM WWP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WWP OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFIT, OR LOST DATA, ARISING FROM THE USE OF THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND/OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE.
IN NO EVENT WILL WWP’S OR ITS SUPPLIERS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND/OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) EXCEED FIFTY US DOLLARS ($50).
ADDITIONAL RIGHTS
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.
THIRD PARTY SITES
This Site may contain links to, or advertisements for, third party websites (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of WWP and WWP is not responsible for any Third Party Sites. WWP provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
COPYRIGHT POLICY
WWP respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
APPLICABLE LAW
By visiting GALLAVANTS.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and WWP.
DISPUTES
Any dispute relating in any way to your visit to this Site, or to products or services sold or distributed by WWP or through this Site shall be adjudicated in any state or federal court in Boulder County, Colorado, and you consent to exclusive jurisdiction and venue in such courts. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
MODIFICATION
We reserve the right to make changes to these Terms of Use at any time. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on this Site. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on this Site. These changes will be effective immediately for new users of this Site. Continued use of this Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
GENERAL TERMS
If any of these terms are held to be invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. The term ‘including’ means including without limitation. WWP reserves the right to terminate this Site at any time without notice to users. These Terms of Use (which includes the standard Privacy Policy, Children’s Privacy Policy, and any other rules posted on this Site) constitutes the entire agreement between you and us regarding the use of this Site.
OUR MAILING ADDRESS
WWP, LLC
5520 Scenic View Court
Boulder, CO 80303-1170
OUR CONTACT INFORMATION
Main number: 303-245-0994
General email: kfrigell@comcast.net
Effective 6/10/ 2014
COPYRIGHT, TRADEMARK, OWNERSHIP INFORMATION
GALLAVANTS® is the intellectual property of KF&A.
KF&A has granted WWP the right to act as exclusive agent for the GALLAVANTS® Property worldwide.
Copyright © 2014, KERSTI FRIGELL & ASSOCIATES, LLC. All rights reserved. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software used on this Site (other than your User Consent) (collectively “Site Content”), is the property of KF&A or its suppliers, and is protected by United States and international copyright laws.
All GALLAVANTS® trademarks, logos and service marks (“Marks”) displayed on this Site, are KF&A’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party.
All the intellectual property rights, including copyrights, patents and trademarks in the Site (other than User Content) are owned by KF&A or its suppliers. KF&A and its suppliers reserve all rights not granted in these Terms of Use.
PRIVACY POLICY
Please click here to view our complete standard Privacy Policy. Click here to view our Children’s Privacy Policy. The terms of the standard Privacy Policy and Children’s Privacy Policy are incorporated into, and considered a part of, these Terms of Use.
LICENSE AND SITE ACCESS
Subject to these Terms of Use, KF&A and WWP grant you a limited, revocable, and non-exclusive license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KF&A or WWP. You may not frame or utilize framing techniques to enclose any Mark or other proprietary information (including Site Content, page layout, or form) of GALLAVANTS® without express written consent of KF&A or WWP. Any unauthorized use automatically terminates the permission or license granted by KF&A and WWP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site, as long as the link does not portray GALLAVANTS®, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mark as part of the link without express written permission of KF&A or WWP.
KF&A and WWP reserve the right, at any time, to modify, suspend, or discontinue this Site or any part thereof with or without notice. You agree that KF&A and WWP will not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or any part thereof. Any future release, update, or other addition to functionality of this Site shall be subject to these Terms of Use.
YOUR ACCOUNT
If you have a Site account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WWP reserves the right to refuse service and/or suspend or terminate accounts in its sole discretion. Upon termination of your account, your right to access and use this Site will terminate immediately. You understand that any termination of your account involves deletion of your User Content associated therewith from our live databases and we will not have any liability for such termination or deletion.
PURCHASES
All products listed on this Site (“Products”), their description, and their prices are each subject to change. WWP reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product, without notice or liability to you.
For each Product you order on this Site, you agree to pay the price applicable for the Product as of the time your submitted your order, the delivery fees for the delivery service you select, and any applicable Taxes (defined below). WWP will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on WWP’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by WWP.
We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. If we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
Please refer to www.gallavants.com for additional information about Product orders.
USER CONTENT
“User Content” of a user of this Site means any and all information and content that such user uses with this Site (e.g., a picture for a group). You are solely responsible for your User Content and you assume all risk associated with your User Content. By using your User Content with this Site, you automatically grant, and you represent and warrant that you have the right to grant, to WWP an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in this Site.
You agree that your User Content will not (a) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (b) be harmful to minors in anyway, or (c) be obscene, offensive, pornographic, unlawful, or otherwise objectionable.
We reserve the right in our sole discretion to (but have no obligation to) (a) review any and all User Content, (b) remove any and all User Content, and/or (c) if you violate these Terms of Use or create liability for us or any other person, take appropriate action against you, including terminating your account and/or reporting you to law enforcement authorities.
DISCLAIMER OF WARRANTIES
THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WWP ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE THE FOREGOING AT YOUR SOLE RISK. WWP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND/OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WWP DOES NOT WARRANT THAT THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE, ASSOCIATED SERVERS, AND/OR E-MAILS SENT FROM WWP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WWP OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFIT, OR LOST DATA, ARISING FROM THE USE OF THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND/OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE.
IN NO EVENT WILL WWP’S OR ITS SUPPLIERS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THIS SITE, THE SITE CONTENT, MARKS, PRODUCTS, AND/OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) EXCEED FIFTY US DOLLARS ($50).
ADDITIONAL RIGHTS
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.
THIRD PARTY SITES
This Site may contain links to, or advertisements for, third party websites (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of WWP and WWP is not responsible for any Third Party Sites. WWP provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
COPYRIGHT POLICY
WWP respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
APPLICABLE LAW
By visiting GALLAVANTS.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and WWP.
DISPUTES
Any dispute relating in any way to your visit to this Site, or to products or services sold or distributed by WWP or through this Site shall be adjudicated in any state or federal court in Boulder County, Colorado, and you consent to exclusive jurisdiction and venue in such courts. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
MODIFICATION
We reserve the right to make changes to these Terms of Use at any time. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on this Site. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on this Site. These changes will be effective immediately for new users of this Site. Continued use of this Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
GENERAL TERMS
If any of these terms are held to be invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. The term ‘including’ means including without limitation. WWP reserves the right to terminate this Site at any time without notice to users. These Terms of Use (which includes the standard Privacy Policy, Children’s Privacy Policy, and any other rules posted on this Site) constitutes the entire agreement between you and us regarding the use of this Site.
OUR MAILING ADDRESS
WWP, LLC
5520 Scenic View Court
Boulder, CO 80303-1170
OUR CONTACT INFORMATION
Main number: 303-245-0994
General email: kfrigell@comcast.net
Effective 6/10/ 2014