Graves Bros Home Improvement Co. provides various websites, including, without limitation, this website, www.gravesbros.com (collectively, our “Websites”). Our Websites are controlled and operated from the United States and are subject to United States law.
Unless otherwise specified, the materials on our Websites are intended for use in the United States. Graves Bros. makes no representation that the Websites are appropriate or available for use in other jurisdictions.
The content and information displayed on the Websites are Graves Bros. property and are collectively referred to as “Graves Bros Content”. The downloading, reproduction, or retransmission of Graves Bros Content, other than for non-commercial individual use, is strictly prohibited
You agree that our Websites and Graves Bros Content may contain or reference material that is protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, or other proprietary rights and laws and are owned by Graves Bros and/or other parties. No license to or right in any such national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, or other proprietary rights and laws of Graves Bros and/or other parties is granted to or conferred upon you.
You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our Websites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our technical infrastructure. In addition, systematic retrieval of data or other content from our Websites for any purpose without our written permission is prohibited (such consent is deemed given for standard search engine technology employed by Internet search engines to direct Internet users to our Websites).
You agree that any service reservations you make, requests for financing or other financial information you submit, or accounts you create will be legitimate and in good faith and not for other purposes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITES AND GRAVES BROS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR WEBSITES, THE INFORMATION CONVEYED DURING ONLINE CHAT SESSIONS, AND/OR GRAVES BROS CONTENT WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE, OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. BY USING ANY OF OUR WEBSITES AND/OR GRAVES BROS CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE. To the maximum extent permitted by law, we hereby expressly exclude any liability for any direct, indirect, or
consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of our Websites, any websites linked to them, and any materials posted on them, including, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; loss resulting from identity theft; loss resulting from unauthorized access to or use of our secure servers and/or any and all personal information or financial information stored there; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for any liability that cannot be excluded or limited under applicable law.
There may be technical inaccuracies and typographical errors in Graves Bros Content, including, but not limited to, inaccuracies relating to pricing or technical specifications. Graves Bros is not responsible or liable for any such inaccuracies, errors, or omissions. Graves Bros reserves the right to make changes or corrections to Graves Bros Content, and to the products, services, and programs described in such information, at any time without notice.
Some of the Graves Bros products and services that our Websites contain information on are not available in every location. A reference to a Graves Bros service on one of our Websites does not imply that such product or service is or will be available in every location.
Our Websites might contain links to third-party websites (“Third-Party Websites”). You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption, or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to our Websites. When you leave our Websites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of our Websites, Graves Bros or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Graves Bros by email to [email protected] AND by U.S. Mail to
Graves Bros Home Improvement
755 Winton Rd. North
Rochester, NY 14609
To the extent that Graves Bros has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Graves Bros and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Graves Bros and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Graves Bros or you may resort to the other alternatives described below. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our websites.
For residents outside the United States, arbitration shall be initiated in the State of New York and Graves Bros and you agree to submit to the personal jurisdiction of any state or federal court in the State of New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Graves Bros and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Graves Bros and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Graves Bros to the extent that any such claims arise out of your access to, and/or use of our Websites, and/or the provision of content, services, and/or products on or through our Websites. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.