Privacy Notice
Last updated: January 1, 2020
KP International LLC dba American Gully (“americangully.com”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting americangully.com, you are accepting the practices described in this Privacy Notice.
What Personal Information of Customers Does americangully.com Gather?
The information we collect and learn from customers helps us personalize and continually improve your americangully.com experience. One of our goals in collecting personal information from you is to provide an efficient service, meaningful, and customized experience. Here are the general categories of information we gather:
Information You Give Us: We receive and store information you enter
on our website or give us in any other way. Examples include, but are not
limited to, information when you search, browse, buy, post reviews, participate
in a sweepstakes or questionnaire, or communicate with customer service. We use
the information that you provide for purposes such as responding to your
requests, processing your order, customizing future shopping experiences,
responding to you, or sending you marketing and advertising communications. If
we encounter a problem when processing your order, your personal information
may be used to contact you. Please note that before accessing certain parts of americangully.com
or completing an order, you must create an account with us, through which you
must provide certain personal information.
Automatic Information
We receive and store certain types of information automatically whenever you interact with us. For example, like many websites, we use “cookies” or other unique identifiers and we obtain certain types of information when your web browser accesses americangully.com or advertisements and other content served by, or on behalf of, americangully.com on other websites. Other examples include, but are not limited to, log files, internet protocol (IP) address used to connect your computer to the internet, and internet browser type.
Mobile
When you download or use apps created by americangully.com,
we may receive information about your location and your mobile device,
including a unique identifier for your device. We may use this information to
provide you with location-based services, such as advertising, search results,
and other personalized content. Most mobile devices allow you to turn off
location services, if you wish not to share.
E-mail Communications
To help us make emails more useful and interesting, we often receive a confirmation when you open email from americangully.com, if your computer supports such capabilities. If you do not want to receive email from us (unrelated to transactions and/or your account), please send us a reply email with “unsubscribe” in the subject line or contact our customer service team.
Information from Other Sources
We might receive information about you from other sources and add it to our account information. Examples include, but are not limited to, updated delivery and address information from our carriers and information from credit bureaus, which we use to help prevent and detect fraud.
What About Cookies?
Web beacons (also known as action tags or single-pixel gifs), and other unique identifiers (collectively, “cookies”) are small pieces of information that are stored by your internet browser on your computer’s hard drive. Like many websites, americangully.com uses cookies to speed your navigation of americangully.com, enable you to select products, place them in an online shopping cart and to purchase those products, along with allowing us to maintain a record of your browsing activity on our websites. Cookies also allow our systems to recognize your device and to provide features such as recently viewed items, brand recommendations, and personalized americangully.com advertisements on other websites. OUR COOKIES DO NOT AND CANNOT INFILTRATE YOUR HARD DRIVE TO GATHER YOUR CONFIDENTIAL INFORMATION. Our cookies are not “spyware.”
Most internet browsers are initially set to accept cookies. Because cookies
allow you to take advantage of some of americangully.com essential features, we
recommend that you leave them turned on. You can, however, set your browser to
refuse cookies from websites or to remove cookies from your hard drive, but if
you do, you may not be able to access or use portions of americangully.com. For
instance, if you block or otherwise reject our cookies, you will not be able to
add items to your Shopping Cart, proceed to Checkout, or use some / any americangully.com
products or services that require you to sign in.
Does americangully.com Share the Information It Receives?
Information about our customers is an important part of our business, and we are not in the business of selling, renting or trading it to others. We share customer information only as described in this Privacy Notice and with entities within the American Gully Family of Companies. The “American Gully Family of Companies” means KP International LLC dba americangully.com and its subsidiaries.
Third-Party Service Providers
We may employ other companies and individuals to perform functions on our behalf. Examples include, but are not limited to, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service, storing data, and serving ads on our behalf. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Promotional Offers
Sometimes we send offers to selected groups of americangully.com customers in collaboration with other businesses. When we do this, we do not allow that business to access your information. You may have the opportunity to separately share information with those other businesses, and if you do, that information would be governed by such company’s privacy policy. You may send a reply email with “unsubscribe” in subject line or adjust email settings in your americangully.com account or by contacting our customer service team.
Business Transfers
As we continue to develop our business, we might sell or buy stores, companies, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that americangully.com, or substantially all its assets are acquired, customer information will of course be one of the transferred assets.
Protection of americangully.com and Others
We release account and other personal
information when we believe release is appropriate to comply with the law;
enforce or apply our Conditions of Use and other
agreements; or protect the rights, property, or safety of americangully.com,
our customers, or others. This includes exchanging information with other
companies and organizations for fraud protection and credit risk reduction.
Obviously, however, this does not include selling, renting, sharing, or
otherwise disclosing personally identifiable information from customers for
commercial purposes in violation of the commitments set forth in this Privacy
Notice.
With Your Consent
Other than as set out above, we may seek your consent for us to share your information with additional third parties and you will have the opportunity in your discretion to choose not to share your information.
How Secure Is Information About Me?
We work to protect the security of your information by utilizing encryption methods during the transmission or storage of information you input through our websites and mobile applications. One hundred percent complete security does not presently exist anywhere online or offline, and we are unable to provide specific guarantees regarding complete security of your personal information; however, we deploy a team of security professionals that work to safeguard your information.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off and close your browser when finished using a shared computer. Only use trusted internet networks, including Wi-Fi, and do no share your login credentials with unauthorized parties.
What About Third-Party Advertisers and Links to Other Websites?
americangully.com may utilize interest-based advertising (also known as personalized ads or targeted ads) on both americangully.com-owned and operated websites and unaffiliated sites, and such ads may be displayed to you by these third party service providers based on information from activities such as purchasing products online (including from americangully.com) or visiting third-party websites. For more information, please read our Interest-Based Ads Policy.
Interest-Based Ads Policy
American Gully may participate in interest-based advertising, where websites customize site content and display more useful and relevant ads tailored to your individual interests – based on how you browse and shop online. When you visit americangully.com or other websites, American Gully or third parties, as applicable, may serve interest-based ads for American Gully and/or third-party products or services, through the utilization of non-personally-identifiable information (e.g., clickstream data and cookies from your browsing activity) and certain personally identifiable information (e.g. email address) that may be provided by us (only to serve ads on our behalf) or collected directly by the third party (to serve ads for American Gully and others). Any information collected by these third party advertising companies is not linked to any personal information collected by American Gully and is governed by such third party’s respective policies.
There are ways that you can limit interest-based ads. Some internet browsers have a “do not track” feature that informs websites you visit that you do not want to have your online activities tracked. Please note that recognizing this browser signal is not mandatory. You can also configure your internet browser to not receive cookies; however, you may not be able to take full advantage of all of our services or features (i.e. you will be able to browse americangully.com, but will not be able to make a purchase), and some advertisers utilize non-cookie technologies that browser settings might not restrict. Additionally, some advertising service providers may permit you to opt-out of some or all interest-based advertising from third parties who are members of self-regulated programs such as the Network Advertising Initiative or the Digital Advertising Alliance. Google and Facebook also offer you certain ad choices. Please note that 6pm does not control these opt-outs, which may be updated or removed in accordance with those parties’ own respective policies. If you opt-out using any of the above methods you will still see ads, but they may not be personalized.
Which Information Can I Access?
americangully.com gives you access to information about your account and your interactions with americangully.com for the limited purpose of viewing and in certain cases, updating that information. Examples include account order history shipping address(es), favorites, contact information, etc. This information may change as our website evolves.
What Choices Do I Have?
You can always choose not to provide certain
information; however, it might be needed to take advantage of certain americangully.com
features such as your account profile, favorites and customer reviews. Before
ordering products from americangully.com, you must create a valid account.
If you do not want to receive marketing emails from us, please adjust
your email subscription preferences in your account or
click the “unsubscribe” link in the email. If you do not want to receive
physical marketing mail from us, please reach out to our customer service team. (Regardless if you receive our Conditions
of Use and other legal
notices from us, such as this Privacy Notice, those notices will still govern
your use of americangully.com, and it is your responsibility to review them for
changes.)
Upon your request, we will (a) correct or update your personal information; (b)
stop sending non-transactional emails to your email address and/or physical
mail to your address; and/or (c) disable your account to prevent any future
purchases through that account. You can make these requests by contacting
our customer service team.
Are Children Allowed to Use americangully.com?
americangully.com does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use americangully.com only with oversight and / or with the involvement and permission of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit americangully.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the State of Illinois. If you have any concern about privacy at americangully.com, please contact us with a detailed description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and Conditions of Use may also change. You should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account, and we stand behind the promises we make. If you have any questions about the Privacy Notice, please contact us.
Conditions of Use
KP International LLC dba American Gully and/or its subsidiaries (collectively, “americangully.com”) provide website features, products and services to you when you visit or shop at americangully.com, or use other American Gully products, services, websites or mobile applications (collectively with americangully.com, ” American Gully Services”) – all of which are subject to these Conditions of Use. We reserve the right to modify these Conditions of Use at any time and without notice to you. By visiting americangully.com or using other American Gully Services, you agree to these Conditions of Use. Please read them carefully.
We may offer a wide range of American Gully Services, and sometimes additional terms may apply. When you use a American Gully Service (for example, American Gully mobile applications) you also will be subject to the guidelines, terms and agreements applicable to that particular American Gully Service (“Service Terms”). If any Service Terms are inconsistent with these Conditions of Use, the Service Terms will control.
LICENSE AND ACCESS
Subject to your full compliance with these Conditions of Use and any applicable Service Terms, and your payment of any applicable fees, American Gully grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the American Gully Services. For americangully.com specifically, the license to access americangully.com is solely for the purpose of shopping for items for personal use sold on americangully.com and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in our sole discretion. The license granted herein does not include: any resale or commercial use of any American Gully Service, or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of any American Gully Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by American Gully or its licensors, suppliers, publishers, rightsholders, or other content providers. No American Gully Service, nor any part of any American Gully Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of American Gully. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of American Gully without express written consent. You may not use any meta tags or any other “hidden text” utilizing American Gully name or trademarks without the express written consent of American Gully. American Gully reserves the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates these Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse American Gully Services.
INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY
American Gully Services may be accessible from countries other than the United States and its territories and may contain products or references to products or services that are not available outside of the United States or its territories. Any such access or reference does not imply that such products or services will be made available outside the United States or its territories. If you access and use American Gully Services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.
You may not use any American Gully Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using American Gully Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including American Gully software), technology, and services.
REVIEWS AND COMMENTS
If allowed by American Gully, you may, as applicable, post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other material or information (collectively, “Content”), so long as the Content complies with our guidelines and is not otherwise illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
If you do post or submit Content, and unless we indicate otherwise, you grant American Gully a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant American Gully and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate and will not cause injury to any person or entity; and that you will indemnify American Gully for all claims resulting from Content you supply. American Gully has the right but not the obligation to monitor, edit or remove any activity or Content. American Gully takes no responsibility and assumes no liability for any Content posted by you or any third party and may not review posted Content.
YOUR ACCOUNT
You may need your own American Gully account to use certain American Gully Services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or American Gully account. We have no obligation to investigate the authorization or source of any such access or use of American Gully Services. American Gully does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the American Gully Services only with involvement and permission of a parent or guardian. American Gully reserves the right to refuse service, terminate accounts, terminate your rights to use American Gully Services, remove or edit content, or cancel orders in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you use American Gully Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other American Gully Services. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT & TRADEMARKS
All content included in or made available through any American Gully Service, such as text, graphics, logos, button icons, images, audio, video, and software is the property of American Gully or its trademark and / or content suppliers; and the compilation of all content included in or made available through any American Gully Service is the exclusive property of American Gully and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any American Gully Service are trademarks or trade dress of American Gully in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited. American Gully’s trademarks, trade dress and other intellectual property may not be used in connection with any product or service that is not American Gully’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits American Gully. All other trademarks not owned by American Gully that appear in any American Gully Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by American Gully. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
INFRINGEMENT COMPLAINTS
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed to immediately take corrective and prevention action.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its site is the Legal Department:
Americangully.com
Attn: Legal Department
1611 Firethorn St
Bolingbrook, IL 60490
PRIVACY
Please review our Privacy Notice, which explains our practices and governs your use of American Gully Services. Our Privacy Notice is available here.
RISK OF LOSS, RETURNS/REFUNDS & TITLE
The risk of loss and title for items purchased by you from American Gully pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you. For more information about refunds and returns, please see our Return Policy.
RETURN POLICY
We are happy offer returns by customers within 14 days from the date of shipping at our end. Note that you must call and obtain a Return Authorization if past the 14-day return window. Customers are responsible for return shipping fees. Please call our Customer Loyalty Team if you have received defective, wrong or damaged merchandise. For additional assistance, please send our Customer Loyalty Team an email or call us.
All merchandise must be unworn and in the same condition it was received. Some items ship with an attached security tag. Merchandise returned without the original security tag attached or a damaged tag may not qualify for a refund. Products must be returned in the original box and/or packaging. The original packaging contains a bar code that helps us identify your items with your order, so your account can be credited successfully. Note: Customers are responsible for return shipping fees.
It can take around two weeks for your return package to reach us and be processed by our returns team. You will be notified by email once your refund has been applied.
Refund Processing: The refund will be applied to the credit card or other method of payment initially used to make the purchase. Please note that depending on your financial institution, it may take an additional 2-10 business days after your credit is applied for it to be reflected on your statement if you used a credit card (up to 30 days for internationally-issued cards).
*NOTE: In order to ensure your return is in our system and that we issue your refund without delay, you must follow the complete return process by logging into your American Gully account to obtain a return confirmation number (via email) prior to mailing your return to us.
In case you return an incorrect or personal item in error, we will do our best to locate this item, but American Gully is not liable for any item(s) that are returned to us in error, and we cannot guarantee that we will be able to locate the item. We suggest the following: Contact the return carrier and attempt to request a return to sender for the package/item, if possible. Also, contact our customer service team so we can put an alert on your account.
Should you receive damaged, defective, or the wrong item(s), please call us at the number listed in Contact Us Page or email us at cs@americangully.com before you start the return process so we can help make it right.
Once your return is processed, you will receive a refund for the amount paid for the returned item back to the original method of payment. Any outbound shipping charges paid will not be refunded if the order is returned. All merchandise must be unworn and in the same condition it was received. Some items ship with an attached security tag. Merchandise returned without the original security tag attached or a damaged tag may not qualify for a refund.
PRODUCT DESCRIPTIONS; TYPOGRAPHICAL ERRORS; SITE CONTENT
American Gully attempts to be as accurate as possible. However, American Gully does not warrant that product descriptions or other content of any American Gully Service is 100% accurate, complete, reliable, current, or error-free. If a product offered by American Gully is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item within 14 days. If any other American Gully Service is not as described, your sole remedy against us is to request a refund for such American Gully Service within 14 days.
In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
Content provided on Americangully.com is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition or before engaging in any physical activity using our products or services. User submissions or opinions expressed on American Gully Services are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on americangully.com are that of the vendor and are not made by us, unless otherwise noted.
Our websites may contain links or ads to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site, and the inclusion of third party sites does not imply endorsement by American Gully.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Conditions of Use. Upon such termination or revocation, you shall immediately cease all access to and use of all American Gully Services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of americangully.com or any other American Gully website in whole or in part. Any termination of these Conditions of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
AMERICAN GULLY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AMERICAN GULLY SERVICES ARE PROVIDED BY AMERICAN GULLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMERICAN GULLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF AMERICAN GULLY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AMERICAN GULLY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF AMERICAN GULLY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AMERICAN GULLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICANGULLY.COM MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. AMERICAN GULLY DOES NOT WARRANT THAT AMERICAN GULLY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AMERICAN GULLY SERVICES, AMERICAN GULLY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT AMERICAN GULLY FROM AMERICAN GULLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMERICAN GULLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMERICAN GULLY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMERICAN GULLY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.
DISPUTES, REMEDIES & APPLICABLE LAW
Any dispute or claim relating in any way to your use of any American Gully Service, or to any products or services sold or distributed by American Gully or through americangully.com or any other American Gully website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois (without regard to principles of conflict of laws), will govern these Conditions of Use and any dispute of any sort that might arise between you and American Gully.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered office at American Gully, 1611 Firethorn St, Bolingbrook, IL 60490. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The AAA’s rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Will County, Illinois or at another mutually agreed location.
You and American Gully both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and American Gully each respectively waive any right to a jury trial. You and American Gully also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our websites, policies, Service Terms, and these Conditions of Use at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
American Gully, 1611 Firethorn St, Bolingbrook, IL 60490