GARRISON™ SYSTEMS, LLC. TERMS OF SERVICE & SALE

OVERVIEW

This website is operated by Garrison™ (Flood Control) Systems, LLC. (Hereinafter “Garrison”). Throughout the site, the terms “we”, “us” and “our” refer to Garrison. Garrison offers this website, including all information, tools, services and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us online or offline, you engage in our “Service” or with our “Product” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Sale”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service and Sale apply to all users of the site and our products, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service and Sale carefully before accessing or using our website or purchasing a product from us. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store or offered by Garrison shall also be subject to the Terms of Service and Sale. You can review the most current version of the Terms of Service and Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service and Sale by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and Garrison shall have no obligation to ship any ordered product to you.

SECTION 2 - GENERAL CONDITIONS. We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Some of the images on our site may be computer generated and representative of a scenario but not an actual in-use image. To enhance the visitor experience, we may utilize AI and other image tools to create renderings and marketing material that represent our products and their functionality.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service or any Products.

SECTION 5 - PRODUCTS OR SERVICES (if applicable). Certain Products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY].

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product or Service will be corrected.

You recognize that flood protection Products must be installed correctly and in a suitable environment in order to prevent flooding. Furthermore, no flood protection system is watertight and some minor leakage can be expected as part of normal use. Our products performance can be impacted negatively by conditions such as flood water levels that rise above the height of the barriers. We are not responsible for any damage that may occur as a result of “overtopping” which can occur when flood waters rise above the level of your barrier. Furthermore, you have a responsibility to install Products correctly and to follow all instructions. Flood barriers should never be installed while you are inside a protected structure. Failure to do so may impact the performance of your flood barrier and result in damage or injury. We are not responsible for any damage or injury as a result of improper deployment of our Products.

SECTION 6 - SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.

In no case shall Garrison be liable for any special, incidental or consequential damages (“Damages”) based upon breach of contract, negligence, strict tort, or any other legal theory. Such Damages include, but are not limited to loss of profits, loss of savings or revenue, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties, including customers, and injury to property. This limitation does not apply to damages caused by breach of the warranty of title, nor to claims for personal injury. Some states do not allow limits on warranties, or on remedies for breach in certain transactions. In such states, the limits in this paragraph may not apply.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - REFUND POLICY. When purchasing a Product or Service from us, you agree to our refund policy, including restocking fees, and other limitations

For more details, please review our Refund Policy: [LINK TO REFUND POLICY].

SECTION 9 - THIRD-PARTY LINKS. Certain content, Products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of Products, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION. Your submission of personal information through the store or sites is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY].

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES. In addition to other prohibitions as set forth in the Terms of Service and Sale, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. By purchasing a Product or Service from Garrison you agree to the Disclaimers of Warranties and Limitations of Liability in our standard warranty, which may be viewed HERE.

SECTION 15 - CONFIRMATION OF REQUIREMENTS WITH LOCAL AUTHORITIES AND PROFESSIONALS. PERMITS. Building codes and requirements vary by location and It is your responsibility to confirm all code requirements, for use of our products, with the relevant authorities as well as to consult with a professional engineer (PE) and/or architect to confirm the suitability of your building, residence, or structure to utilize Garrison’s Products or Services. Garrison shall not be responsible for Buyers’ failure to meet local code, ordinances, or requirements related to use of purchased Products. It is the buyer’s responsibility to obtain any necessary permits or approval for the use of Garrison Products.

SECTION 16 – INDEMNIFICATION. You agree to indemnify, defend and hold harmless Garrison and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to the use of Products purchased from Garrison, or arising out of your breach of these Terms of Service and Sale, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 – COLLECTION OF DEBTS - ATTORNEYS FEES

Should buyer fail to fully pay for purchased and delivered Products or Services or chargeback a payment on a purchased Product or Service, this debt may be referred to a collection agency or attorney for collection. The buyer agrees to pay all associated collection costs, including court costs, agency fees, and any reasonable attorney's fees, to the extent allowed by law. Additionally, any costs associated with a credit card chargeback shall be the responsibility of the buyer.

SECTION 18 – SEVERABILITY. In the event that any provision of these Terms of Service and Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service and Sale at any time by notifying us that you no longer wish to use our Services or Products, or when you cease using our site or Products.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service or Sale, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or shipment of product (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT. The failure of us to exercise or enforce any right or provision of these Terms of Service or Sale shall not constitute a waiver of such right or provision.

These Terms of Service and Sale and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service and the purchase of any products, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service and Sale).

Any ambiguities in the interpretation of these Terms of Service and Sale shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW. These Terms of Service and Sale and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 22 - CHANGES TO TERMS OF SERVICE. You can review the most current version of the Terms of Service and Sale at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION. Questions about the Terms of Service and Sale should be sent to us at sales@garrisonflood.com.