Website Terms of Use


Last Updated: April 18, 2019 

SARGENT AND GREENLEAF, Inc. and its subsidiaries and affiliated companies, (collectively and alternatively, “SARGENT AND GREENLEAF”), own, operate and/or control a global network of websites and web pages, including https://www.sargentandgreenleaf.com/,  https://www.sglockshop.com and https://www.sargentandgreenleafvault.com (collectively the “Sites”). These Sites are provided to visitors and users of the Sites (collectively, “you” or “your”) only if you agree to these Terms of Use unconditionally and without modification. Your use of any of the Sites constitutes your acceptance and agreement to all these terms and conditions. Additional terms and conditions may apply to your use of eServices, purchases of goods or services (see our Standard Terms and Conditions of Sale located at https://www.sargentandgreenleaf.com/files/8914/9755/1164/SG_Terms_and_Conditions.pdf   and to specific portions or features of the Sites such as sweepstakes or public forums), all of which are incorporated into these Terms of Use. You will be bound by such additional terms should you use the specific features or portions of the particular Sites. If these additional terms conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS OF USE CAREFULLY BEFORE USING THE SITES.  By accessing, registering on or otherwise using any of the Sites, you unconditionally agree to these Terms of Use whether or not you have read them.  If you do not agree to these Terms of Use, you may not access, view or use the Sites.

  1. Generally

    You are free to browse the Sites to learn more about SARGENT AND GREENLEAF products. The Sites and all material posted on the Sites or otherwise approved by SARGENT AND GREENLEAF (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Sites and these Terms of Use. You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without SARGENT AND GREENLEAF’s prior written approval is strictly prohibited.

  2. Product, Safety and Other Technical Information

    While SARGENT AND GREENLEAF uses commercially reasonable efforts to provide accurate information, the industry of which SARGENT AND GREENLEAF is a part and the laws and regulations applicable to that industry do change. Therefore, information contained on the Sites may not be current, accurate or complete. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. SARGENT AND GREENLEAF cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your (or, if applicable, your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by SARGENT AND GREENLEAF experts or other Site users is complete, accurate or current. Please read and follow all instructions contained in product manuals. Each claim or statement made by SARGENT AND GREENLEAF about the effectiveness of SARGENT AND GREENLEAF products and/or comparing the effectiveness of SARGENT AND GREENLEAF products to that of others and all use of the Sites is expressly limited to the United States unless otherwise stated on the Sites. If a product offered by SARGENT AND GREENLEAF purchased through the Sites is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased, a refund of the price you actually paid or other remedy provided pursuant to the manufacturer’s warranty. Please address all product complaints as provided in the manufacturer’s warranty and other materials provided on purchase. Do not make product complaints through the Sites. Product description and pricing is subject to correction and change. SARGENT AND GREENLEAF may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. SARGENT AND GREENLEAF’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by SARGENT AND GREENLEAF’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.

     

    WARNING: Some of the information and advice on the Sites may be provided by third-party contributors who are not affiliated with SARGENT AND GREENLEAF. SARGENT AND GREENLEAF makes no representation as to the truth, thoroughness, or accuracy of such information or advice.

    In all operations and uses related to the products and other matters discussed on the Sites, you must read, understand, and adhere to the safety warnings and instructions pertaining to such products and accessories as well as other regulations and standards applicable to the nature and environment of ownership, maintenance, or use.

  3. Using Secure Portions of the Sites
    Account Registration: You must register and create one or more accounts (“Accounts”) to use certain restricted areas of the Sites such as eServices. When you register, you authorize SARGENT AND GREENLEAF to make such credit, employment and investigative inquiries as may be appropriate, including to consumer reporting agencies, to validate registration information you provide both prior to SARGENT AND GREENLEAF authorizing your Account and from time to time. You agree you shall: (i) provide true, accurate and complete information as prompted by the registration form; (ii) at all times have the authority to agree to these Terms of Use for yourself and on behalf of any business entity for which you register, create one or more Accounts and use the Sites; (iii) not impersonate or misrepresent your identity, your right to use the applicable registered mobile device(s), credit card(s) or other selected payment option, or permit anyone else to do so; (iv) maintain and promptly update all registration and other Account information to keep it true, accurate, current and complete; and (v) not engage in any harmful or abusive activities that may disrupt the Sites, SARGENT AND GREENLEAF’s ability to provide and any user’s ability to use the Sites or violate any laws, rules or regulations.

    Account Use: Once SARGENT AND GREENLEAF has validated and set up your Account, you may order and pay for products and services and you may access your Account history using your user name and password. You agree that SARGENT AND GREENLEAF may provide your Account statements and all messages and notifications to you electronically through your Account or via email.

    Changing your Account Information/Settings: It is your responsibility to review and update your Account information. You may update your Account profile, settings and information at any time, for example, to add/update/delete credit cards, mobile devices and authorized users to your Account. This is especially important with respect to credit card information because credit cards expire periodically. You acknowledge and agree that SARGENT AND GREENLEAF will have no liability associated with or arising from your failure to maintain accurate Account information or update your authorized users. If SARGENT AND GREENLEAF has reasonable grounds to suspect that the information you have provided is or becomes untrue, inaccurate or incomplete, SARGENT AND GREENLEAF may suspend or terminate your Account and refuse any and all current or future use of SARGENT AND GREENLEAF’s Cloud and/or all or any part of SARGENT AND GREENLEAF’s Cloud Services.

    Security Credentials: You are responsible for all Account activity and for ensuring that your use or access to your Account, the Sites and/or SARGENT AND GREENLEAF’s products and services complies fully with these Terms of Use, including the safety and security of all user names, IDs, logins, passwords, PINS or other security features (collectively, “Security Credentials”) through which you and your authorized users may access the secure portions of the Sites. Anyone accessing your Account and/or the secure portions of the Sites using Security Credentials issued to or administered by you, including those of any authorized third parties, will be deemed to be an authorized user of your Account and you will be responsible for their actions as if they were your own. It is your responsibility to administer Security Credentials only to authorized users, to preserve the confidentiality of and not share your Security Credentials or record them in an insecure manner. Although you must conform to SARGENT AND GREENLEAF’s Security Credentials format (for example, length and, type of characters) and you may be periodically prompted to change your Security Credentials, you are responsible for issuing, administering, updating and ensuring that proper security measures are in effect with respect to Security Credentials associated with your Account. You are also responsible for monitoring, supervising and terminating, when appropriate, the Security Credentials of your authorized users. You must notify SARGENT AND GREENLEAF immediately if you need to terminate an individual’s access and/or if you suspect fraudulent or abusive activity. SARGENT AND GREENLEAF is not liable for any use of your Account, the Sites and/or any products or services by such individuals prior to SARGENT AND GREENLEAF’s receipt of your termination notice and a reasonable period thereafter. If you so notify us, or if SARGENT AND GREENLEAF suspects fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any preventive measures SARGENT AND GREENLEAF prescribes. Use of assigned Security Credentials terminates immediately upon the earlier of inactivity/dormancy, termination of these Terms of Use or an authorized user’s authorization. SARGENT AND GREENLEAF may rely upon the instructions, consent given and all action taken through your Security Credentials, without verifying the identity or authority of any person accessing your Account or using the Sites. You should never share Security Credentials. However if you or your authorized users do share your Security Credentials with anyone, you are responsible for that individual’s actions, including all orders placed and fees incurred. You are responsible for ensuring that each authorized user is aware of and complies with these Terms of Use. You are ultimately responsible for the acts and omissions of your authorized users and each individual to whom you have given or who may have gained access through use of your Security Credentials.

  4. User Conduct

    In general, SARGENT AND GREENLEAF expects visitors to interact with SARGENT AND GREENLEAF and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with SARGENT AND GREENLEAF or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, hateful, racially or ethnically objectionable, is invasive of another’s privacy or publicity rights, infringes upon another’s proprietary rights or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.

    You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with SARGENT AND GREENLEAF is expressly prohibited.

    You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by SARGENT AND GREENLEAF through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.

  5. Social Media/Blogs/User Submissions

    Certain more interactive portions of the Sites, such as blogs and other social media forums require special mention. SARGENT AND GREENLEAF insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. SARGENT AND GREENLEAF adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of a SARGENT AND GREENLEAF brand on a blog or other public forum all adhere to Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her affiliation with SARGENT AND GREENLEAF and if incentives, free products or gifts or other compensation was received from SARGENT AND GREENLEAF. Because your opinions may be considered an “endorsement” and you an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that you fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, as an endorser, the FTC requires that you (i) let readers know if you received any free products or any other item of value from SARGENT AND GREENLEAF or if another material connection exists, and (ii) ensure that your statements about and reviews of SARGENT AND GREENLEAF products reflect your honest opinions, beliefs and findings.

    Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Sites, generally and through the public forums, or email to SARGENT AND GREENLEAF (collectively, “Communications”) are non-confidential and nonproprietary and become the property of SARGENT AND GREENLEAF. SARGENT AND GREENLEAF has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. SARGENT AND GREENLEAF has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from you. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.

    You are solely responsible for your Communications and your activities on the Sites. Although SARGENT AND GREENLEAF will not, and has no obligation to, monitor your Communications, it has the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will SARGENT AND GREENLEAF or its affiliates be liable in any way for any Communications, your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by SARGENT AND GREENLEAF to substantiate such claims. SARGENT AND GREENLEAF cautions you not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.

  6. Indemnity

    You agree to indemnify, defend, release and hold SARGENT AND GREENLEAF, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Sites, your use of the Sites, your connection to the Sites, your violation of these Terms of Use, SARGENT AND GREENLEAF’s Standard Terms and Conditions of Sale and/or Invoice Terms and Conditions, or your violation of any Rights. In the event you provide information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify SARGENT AND GREENLEAF for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against SARGENT AND GREENLEAF by any third party based upon the information you provide or your use of the Sites.

  7. Modifications to the Sites and these Terms of Use

    From time to time SARGENT AND GREENLEAF may change the Licensed Content, the products and services offered, disable certain features of the Sites or expand the Sites’ capability. SARGENT AND GREENLEAF also reserves the right at any time and from time to time to modify these Terms of Use, any additional terms and conditions, the Sites, their functionality and capabilities and/or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that SARGENT AND GREENLEAF shall not be liable to you or to any third party in any way in connection with such changes.

  8. Termination

    SARGENT AND GREENLEAF, in its sole discretion, may suspend or terminate your access or use for any reason, but especially if SARGENT AND GREENLEAF believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. SARGENT AND GREENLEAF may also, in its sole discretion and at any time, discontinue providing the Sites, or any part thereof, with or without notice. SARGENT AND GREENLEAF may suspend, terminate and/or bar further access to the Sites at any time without prior notice to you. SARGENT AND GREENLEAF shall not be liable to you or any third party for any suspension or termination of your access to or use of the Sites.

  9. Links

    The Sites may contain links to other internet websites or resources. When you link to those sites, you leave the Sites. SARGENT AND GREENLEAF has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. SARGENT AND GREENLEAF expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that SARGENT AND GREENLEAF endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that SARGENT AND GREENLEAF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

  10. SARGENT AND GREENLEAF’s Proprietary Rights

    Everything you see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without SARGENT AND GREENLEAF’s express written permission. The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”), is owned by SARGENT AND GREENLEAF and/or its subsidiaries, affiliates or other designee, its suppliers or partners, is used under license granted to SARGENT AND GREENLEAF and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are owned by and/or proprietary to SARGENT AND GREENLEAF and/or its subsidiaries, affiliates or other designees, or other third party owners who have granted SARGENT AND GREENLEAF the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Sites address or Marks in page text, as key words, meta tags or any other “hidden text.” A list of Marks appears at the end of these Terms of Use. Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of SARGENT AND GREENLEAF and/or its subsidiaries, affiliates or other designees and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any manner that disparages or discredits SARGENT AND GREENLEAF or its affiliated companies. SARGENT AND GREENLEAF may use any such material in any manner for any reason without your consent, fee or obligation to account to you in any way, and, unless you and SARGENT AND GREENLEAF agree otherwise in writing, SARGENT AND GREENLEAF is and shall be the sole and exclusive owner.

  11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

    SARGENT AND GREENLEAF DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SARGENT AND GREENLEAF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
    2. SARGENT AND GREENLEAF MAKES NO WARRANTY (i) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SARGENT AND GREENLEAF OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF SARGENT AND GREENLEAF PRODUCTS.
    4. SARGENT AND GREENLEAF IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED WITH THE PRODUCT PACKAGING.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT SARGENT AND GREENLEAF SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SARGENT AND GREENLEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, SARGENT AND GREENLEAF’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5. 00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST SARGENT AND GREENLEAF WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  12. Notice

    SARGENT AND GREENLEAF may provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Sites. Notice or other correspondence to SARGENT AND GREENLEAF should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:

    SARGENT AND GREENLEAF

    One Security Drive

    Nicholasville, Kentucky 40356
    Attn: SARGENT AND GREENLEAF Webmaster

  13. General Information

    SARGENT AND GREENLEAF administers and operates the following Sites from its location in Nicholasville, Kentucky, USA:

    www.sglockshop.com

    www.sargentandgreenleafvault.com

    www.sglocks.com

    Other Sites may be administered and operated from various locations outside the United States. Although Sites may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. SARGENT AND GREENLEAF reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion. Any offer for any feature, product or service made on any of the Sites is void where prohibited. These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between you and SARGENT AND GREENLEAF with regard to and shall govern all purchases. Your activities and use of the Sites supersede any prior agreements between you and SARGENT AND GREENLEAF. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms of Use, your use of the Sites and any other agreement with and the relationship between you and SARGENT AND GREENLEAF shall be governed by the laws of the State of Kentucky without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. The failure of SARGENT AND GREENLEAF to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

     

  14. Disputes

    Any dispute between you and SARGENT AND GREENLEAF concerning the Sites may be submitted to final and binding arbitration at SARGENT AND GREENLEAF’S discretion as the sole and exclusive remedy for such controversy or dispute, provided, however that SARGENT AND GREENLEAF may commence action against you in a court of law for infringement of SARGENT AND GREENLEAF’s intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in the city of Lexington, Kentucky United States of America. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms of Use or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

     

  15. Legal Notice for New Jersey Residents

    Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) in the “Security Credentials subsection to the “Using Secure Portions of the Sites” section, the provision concerning limiting SARGENT AND GREENLEAF’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SARGENT AND GREENLEAF was negligent or has breached its obligation to you; (2) in the “Social Media/Blogs/User Submissions” section, the provision concerning limiting SARGENT AND GREENLEAF’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SARGENT AND GREENLEAF was negligent or has breached its obligation to you; (3) in the “Indemnity” section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms of Use; (4) in the “Modifications to the Sites and these Terms of Use” section, the provision concerning limiting SARGENT AND GREENLEAF’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SARGENT AND GREENLEAF was negligent or has breached its obligation to you; (5) in the “Termination” section, the provision concerning limiting SARGENT AND GREENLEAF’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SARGENT AND GREENLEAF was negligent or has breached its obligation to you; (6) in the “Links” section, the provision concerning limiting SARGENT AND GREENLEAF’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SARGENT AND GREENLEAF was negligent or has breached its obligation to you; (7) in the “DISCLAIMERS AND LIMITATIONS OF LIABILITY” section, (a) the provision concerning limiting SARGENT AND GREENLEAF’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SARGENT AND GREENLEAF was negligent or has breached its obligation to you, (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property, and (c) the provisions which limit the time within which claims against SARGENT AND GREENLEAF must be brought; and (8) in the “Disputes” section, (a) the provision which limits the time within which claims against SARGENT AND GREENLEAF must be brought and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.