Terms & Conditions
Please review these Terms and Conditions (these “Terms”) carefully as they represent the binding terms with which you may engage with Michael Gabriels, its website and/or other Internet presence, including any of its social media platforms, and other electronic and telecommunication services (collectively, the “Site”, and/or “Services”). By visiting and/or using this site in any way, such as browsing products or placing an order, you agree to these terms and conditions. Michael Gabriels may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Michael Gabriels may give by any means, including, without limitation, by posting the revised Conditions on the Michael Gabriels Site. You are responsible for reviewing the Michael Gabriels site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Michael Gabriels Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site. Information:
We make every effort to ensure that our online inventory is as up-to-date and accurate as possible. Our goal is for you to have the best shopping experience as possible while using our site. With that being said, some of our products appear larger in their photographs to help you see their clarity and characteristics in greater detail. Please note that because of this some, objects will appear larger in their photograph than their actual size.
When using or accessing the Michael Gabriels site or personalized Michael Gabriels account, you are solely liable and responsible for keeping and protecting your Michael Gabriels account username and password confidential and limiting its access to only yourself. In addition, you are solely liable for activities that take place under your individual account and accessed with your password. If you are under the age of 18, you may only use our Site with the direction and guidance of a parent or guardian. Please note that Michael Gabriels reserve the right to terminate personal accounts, edit / cancel orders at any time, refuse service, in our sole discretion and for any reason.
Use of the Site
By using the Site you are given an individual, non-exclusive, non-sublicensable, and limited license to use and access our Site, print, and electronically copy portions of our Site for your personal non-commercial, and informational use only. This license is governed by these Terms and prohibits: (a) any commercial use of the Michael Gabriels Site or Materials; (b) use of product listings, photographs, images, or descriptions in the pursuit of commerce; (c) the public dissemination or posting of Michael Gabriels Materials; (d) using the Site for alternative purposes other than what is prescribed by the Terms; (e) utilizing the Site for data mining purposes; (f) manipulating the Site or its appearance, or creating alternative links or other window-exiting programming or pop-up triggers; (g) use of the Site in a way that inhibits or effects the daily operation of the Site or Services; or (h) any other non-intended use or purpose. Any unauthorized use of the Site or Materials contained therein is strictly prohibited and will prompt the immediate termination of the license granted herein, unless otherwise authorized by Michael Gabriels in writing. The aforementioned unauthorized use may additionally violate copyright and trademark laws and communications regulations and statutes and other applicable laws. Unless otherwise stated, nothing in these Terms shall be interpreted as having granted any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable by Michael Gabriels at any time and for any reason.
Product Availability and Pricing
If a product is temporarily unavailable, please contact us so we can assist you by informing you when it will become available next and to facilitate placing an order. Occasionally, due to the volume of sales, an item will become unavailable prior to our ability to update the Site. If such an instance should occur, we will notify you as soon as possible and discuss with you your options and possible alternatives to proceed with a purchase or change your order selection or give you a full or partial refund.
On occasion some data points, including prices, may be displayed incorrectly due to a technical or scrivener error. Though we make every reasonable attempt to prevent such errors and confusion, mistakes happen. When such an instance arises we will correct the error immediately upon its discovery. However, we will not honor the erroneous price or listing. If a product has been shipped and received by you, we will contact you promptly and discuss your options to either return the product or to charge you for the difference in price. If, as a result of the error, the price is lower than what was stated and you contact us, we will discuss your reimbursement options. All our prices are final; we do not negotiate prices on our products.
Passage of Title
Michael Gabriels will pass the title for products purchased to the buyer or the buyer’s representative when the products are delivered and received by the buyer or the buyer’s representative.
Cancellation of Products
A customer’s ordered product or good may be cancelled at any time and for any reason by Michael Gabriels. Your only route in such an event is a full refund of that which has been paid to Michael Gabriels for such product.
Communications to Michael Gabriels and User Generated Content
Submissions: By your submission of any: question, comment, suggestion, idea, plan, note, drawing, original or creative material or other information, regarding the Site, Michael Gabriels, or our Services and products, you acknowledge and agree that such submission is non-confidential and will become the sole property of Michael Gabriels once submitted. Thereafter, Michael Gabriels shall be the exclusive rights holder, including all intellectual property rights therein, and shall possess unlimited commercial and non-commercial use and disclosure of that information, or communication, without having to provide notice or compensation to you. You hereby permit Michael Gabriels and its affiliates, partners and sub-licensees to provide and disclose the name you provided in accordance with the provided communication or content, in their sole discretion. By disclosing that communication or content, you signify and warrant that (a) the content is accurate and not misleading; (b) you possess ownership rights to the communication or content submitted and you have the rights to post that information on the Site and otherwise disseminate and disclose that communication or content; and (c) the communication and content submitted will not injure or violate the rights of any person or entity.
Product Reviews and User Content:
1. The Site may include “Interactive Services” that allow users to post, store, and share their own and user generated content. Each user, poster, or account holder is completely and individually responsible for his/her use of any Interactive Services and does so at his/her own risk. By your use of any Interactive Services, you agree not to upload, transmit, distribute, post, create, or store, any material that is or could be considered defamatory, libelous, obscene, lewd, indecent or pornographic, harassing, threatening, fraudulent or misleading, and otherwise unlawful;
2. By posting or communicating your content you represent and warrant that you are not violating any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity. You also warrant that you have the legal right or authority to do so;
3. Content that consists of instructions, enables, encourages or otherwise assists the commission of a criminal offense, violates the rights of others, or is in violation of, national or international law, is strictly prohibited and when reasonable necessary to prevent the risk of harm as determined by Michael Gabriels may be reported to the appropriate law enforcement authorities;
4. Viruses, spybots, adware, corrupted data or other harmful, disruptive or destructive files are strictly prohibited;
5. Misrepresentation or impersonation of any other account member, person, or entity is prohibited;
6. The unauthorized dissemination of sensitive personal information (without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers) from any other party is strictly prohibited;
7. Unwanted advertisements, promotions, marketing, and promotions, political campaigning are prohibited;
8. Account member content posted, shared, stored, or disclosed via the Site and/or Services that is deemed to inhibit any other users experience with Michael Gabriels may be prohibited at Michael Gabriels’s sole discretion.
Your use of Interactive Services is at your sole risk. Michael Gabriels shall not be liable or responsible for any content that any account holder posts, stores, shares, or uploads via Interactive Services. Further, Michael Gabriels shall not be liable or responsible for injury or damages that result from an account holder’s activities utilizing the Interactive Services that constitute defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity. As a host of Interactive Services, Michael Gabriels shall not be responsible or liable for any representations, statements, manifestations, or account holder generated content in appearing therein. Michael Gabriels does not have any duty to edit, monitor, or screen content or communications posted via the Interactive Services, however Michael Gabriels reserves the right, and has sole discretion, to do so for any reason and at any time with or without notice. You are solely responsible for backing up any stored content posted via the Interactive Services (if desired). Any use of the Interactive Services that is determined to violate these Terms shall result in an immediate termination of the account holders access to and use of the Site and Services without further notice.
In order to preserve and maintain Michael Gabriels’s integrity, business reputation, and user experience, full cooperation will be given to subpoenas and court orders, and legitimate governmental requests. In so doing Michael Gabriels may disclose account member personal information if necessary to comply with the applicable order or demand.
Third Party Content:
Third Party Links: Links to third-party websites and services may be provided on our Site. Michael Gabriels has no dominion, ownership, or control over third-party websites and services and therefore assumes no liability or responsibility for any activities that occur on third-party websites. Furthermore, unless otherwise expressly stated Michael Gabriels does not endorse or condone any third-party or its content and does not warrant any product or service as described or displayed on such third-party website.
Advertisements and Promotions: On occasion advertisements and promotions from third parties may be run on our Site. Any communication, interaction, or transactions with those third-parties is solely between you and that third-party. Michael Gabriels assumes no responsibility or liability for such activities and does not warrant the product or services of those third-parties. Finally, you are solely responsible for any loss, injury, or damage that may arise from such activities and interactions.
Intellectual Property Disclaimer: The Michael Gabriels Site and all of its social media platforms and other content including, without limitation, the “look and feel,” designs, logo, text, graphics, color scheme, pictures, selection, sound files, and the amalgamation thereof (together the "Site Materials") are the sole proprietary property of Michael Gabriels and is protected by US or international copy right, trademark or patent laws.
Proprietary products and services, such as but not limited to the Site, Michael Gabriels products, the Michael Gabriels logos and trademarks, and any other product or service name or slogan contained in the Site are protected trademarks of Michael Gabriels and may not be imitated, used, or copied in any form, unless with prior written consent of Michael Gabriels. Metatags or any other "hidden text that enables or utilizes ”Michael Gabriels" or any slogan, name, or trade mark of Michael Gabriels may not be used without our prior written permission. If there are other non-Michael Gabriels names, trademarks, product names, or slogan mentioned or listed on the Site they are the property of their relative owners.
Disclaimer of Warranty: THIS SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MICHAEL GABRIELS, IF ANY. MICHAEL GABRIELS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON OUR SITE. MICHAEL GABRIELS SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY PORTION OF OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MICHAEL GABRIELS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: IN NO EVENT SHALL MICHAEL GABRIELS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE SERVICES AND PRODUCTS, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY SITE MATERIALS AND/OR INFORMATION OBTAINED FROM MICHAEL GABRIELS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MICHAEL GABRIELS'S RECORDS, PROGRAMS OR SERVICES.
By using the Site, you agree to hold harmless, defend and indemnify, Michael Gabriels and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney’s fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.
Michael Gabriels maintains and reserves the right and ability to terminate or cancel your license to use the Site and to prevent or prohibit your future access thereof in its sole and absolute discretion without prior notice to you.
Should any of provision of the Terms become invalid, void, or unlawful, in whole or in part and thereby unenforceable at a court of law or equity, those terms or provisions shall be stricken and shall not affect the enforce ability, validity, and lawfulness of the remaining terms and provisions of these Terms. Applicable Law and Venue
The Terms herein and your use of the Site and its products and services shall be governed by and construed in accordance with the laws of the State of Connecticut. It is also agreed that any civil or criminal action at equity or law that is resultant or regarding these Terms will be filed only in the Federal and State courts located in Fairfield County, and that you hereby irrevocably and unconditionally waive the personal jurisdiction of any other state or federal court.
Pursuant to the Digital Millennium Copyright Act (DMCA) and applicable laws, Michael Gabriels has implemented a policy prohibiting Michael Gabriels account holders or users of the Site (account holders, or users) who are determined to be repeat infringers of the DMCA. Michael Gabriels in its sole discretion may restrict access to this Site and/or terminate the account holders or Site users who violate any intellectual property rights of others, whether there is continued infringement or not.
Questions & Contact Information
Should any comments or questions arise concerning the Terms please contact Michael Gabriels:
By Telephone: 1 (845) 521-4768
By E-mail: Michael@Michaelgabriels.com
By Regular Mail:
New York, New York 10013