Terms and Conditions

Below are the general terms, policies, and conditions of The Gerson Company.

INFORMATION WE GATHER

Registration
If you register to buy products using The Gerson Companies website, we collect and store Personal Information that specifically identifies you or your Account. At this time, the most information you would be required to submit is your first name, last name, company name, account number, User ID, password, street address, city, state, zip/postal code, country, phone number, email address and valid financial account information. We may, in the future, include other optional requests for information from you to help us to tailor the Site for you, and deliver personalized information to you. Without your agreement, we will not share, rent or sell any personal information with third parties in any way other than what is disclosed in this privacy statement. Credit card information is transmitted via SSL ("Secure Socket Layer") encryption for your protection. 

The Gerson Companies Payment Policy
The Gerson Companies Payment Policy requires Members to pay with a credit card or account terms. The Gerson Companies will collect your credit card number and/or other entered financial institution information such as account numbers, and will use that information to bill your orders as requesting including shipping to perform the billing operation on behalf of The Gerson Companies, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. We use credit card payment processing through authorize.net to bill you for goods and services. Verification of credit information, however, is accomplished solely by the request of the User, through the Terms Account Authentication process. 
We will use commercially reasonable methods to keep Personal Information securely in our files and systems. Our Payment System is operated using secure Internet connections, using SSL (Secure Sockets Layer) encryption, to help protect your financial data. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.
Gathering and Use of Personal Information
Occasionally, The Gerson Companies conducts a User survey to collect information about our Users' preferences. These surveys are optional and if you choose to respond, your responses will be kept anonymous. Similarly, we may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties. The demographic information that The Gerson Companies collects in the registration process, and through surveys is used to help us improve our Services to meet the needs and preferences of our customers to provide the very best wholesale experience. This may include targeted advertising to you about our Services. All information provided in conjunction with the website and submitted to you in an email will contain an OPT-IN and OPT-OUT option for continued receipt of such emails. We will share your personal information as necessary for third parties to provide these services. These companies do not retain, share, store, or use personally identifiable information for any other purposes. To the extent necessary to provide you with the services on the Site, we may provide your Personal Information to third party contractors who work on behalf of or with The Gerson Companies to provide you with such services, to help us communicate with you, or to maintain the Site. Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the Site, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
Applicant agrees that extension of credit by The Gerson Companies (“Seller”) shall be subject to and in consideration of the following terms and conditions:
1.      Payment of all amounts due, as evidenced by invoices from Seller, shall be made not later than the due date as indicated on each invoice (the “Due Date”) under the heading “Terms”.  Amount will be deemed “in default” unless Seller receives payment on or before the Due Date.  Exceptions, if any, will be indicated on the invoice.
2.      Amounts in default under terms as indicated in item one above will be  charged interest at 1½% per month or the maximum rate allowed by law in the Applicant’s state shown above, whichever is less.  Interest will accrue from and after the first day the balance is in default.
3.      If Seller assigns the account to a licensed collection agency or attorney for legal action, all subsequent collection charges and legal fees shall be paid by the Applicant.  Applicant agrees that one-third (1/3) of the outstanding balance due including interest, shall be deemed a reasonable attorney’s fee and/or collection cost.
4.      Applicant understands that Seller will make its usual credit investigation, and authorizes Applicant’s bank to release information as desired by Seller.  The undersigned EXPRESSLY CONSENTS to Seller requesting and obtaining any credit bureau reports, D & B reports or the like, in connection with granting, extending, reviewing or authorizing credit and/or collection of any amounts from Applicant.
5.      The undersigned agrees that all credit extended shall be deemed subject to the terms herein agreed to.  All terms contained herein shall supersede and control in the event of conflict with any other documents, including but not limited to Order forms and Purchase Orders.  Seller’s Order form may contain additional terms which shall be considered part of this agreement.
6.      Applicant hereby waives any defense of lack of authority to place any order Seller receives that appears to be from Applicant.  Applicant agrees and authorizes any order placed from and shipped to Applicant’s business or Applicant’s customer.  Applicant agrees to pay Seller without limitation or defense with respect to the authority of the person placing the order.
7.      Claims of Damage or Defect for $50 or more require Applicant to submit a photograph of the defect and/or damage before Seller will process any claim to comply with factory requirements.
8.      The laws of the State of Kansas shall govern all terms of this agreement.  The undersigned hereby consents to venue and jurisdiction in Johnson County, Kansas.  ALL PARTIES HERETO EXPRESSLY WAIVE TRIAL BY JURY IN ANY LITIGATION RELATED TO OR ARISING OUT OF THIS AGREEMENT.  Regardless of any terms in any purchase order submitted by Applicant for the purchase of any goods from Seller following the date of the Application, Applicant agrees that the terms of this Application shall control, except upon written modification signed by both parties.
9.      Online GG Collection sellers agree to market this line at a price that is not below the GG Collection’s MAP pricing.  MSRP and MAP pricing can be found on our website.  The Gerson Company reserves the right to review all online sites, including social media, for brand fit and pricing, and take action as deemed appropriate to uphold our GG Collection Brand Identity.
User Accounts
This area of the Site is for the benefit of Users. The private and shared Workspace areas of the Site facilitate communication and the exchange of information between Customer, Sales Representatives, and the Company. The information contained in private user account shared between Sales Representatives and Customers is not used for any purposes other than to facilitate communication and the exchange of information between the parties involved. The Gerson Companies reserves the right to monitor communications in the user account section to verify compliance with our Terms of Service, international, federal, or state laws and/or our other stated policies. 

Automatically Gathered Information
The Gerson Companies automatically collects browser type and browser software versions to tailor the presentation of the Site and the Services to the Account and to maintain a record of the User's or Visitor's activity on the Site. As an automatic process, our Web server software records a log file of IP addresses that access the Site. We also collect IP address information but do not ordinarily link IP addresses to Users' Personal Information. However, we can and will use IP addresses to identify a User when we, in our sole discretion, determine that it is necessary to enforce compliance with our Terms and Conditions of Use or to protect our service, Site, customers, or others. When you use the Site, The Gerson Companies collects information about your Account transactions, and The Gerson Companies may collect information about your computer for fraud prevention purposes. Finally, The Gerson Companies may collect additional information from or about you in other ways not specifically described here. For example, The Gerson Companies may collect information related to your contact with The Gerson Companies Customer Service, or store results when you respond to a survey. We may create Anonymous Information records from Personal Information by excluding information (such as names) that make the information personally identifiable to you. We may use this Anonymous Information to analyze inquiry, request, and usage patterns so that we may enhance Services and the Site. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. “Anonymous Information” means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.

Cookies
When you use the Site, The Gerson Companies or our contractors may place small data files called cookies on your computer. The Gerson Companies uses cookies to enable Users to specify unique preferences and to track Visitor and User use of the site, including trends and patterns. The Gerson Companies sends a session cookie to your computer when you log in to your Account. This type of cookie helps if you visit multiple pages on the Site during the same session, so that you don't need to enter your password on each page. Once you log out or close your browser, this cookie expires. The Gerson Companies also uses longer-lasting cookies for other purposes such as to display your project related information. The Gerson Companies encodes our cookies so that only we can interpret the information stored in them. Users and Visitors always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Site may not function as effectively or may be considerably slower.
Privacy Policy/Terms of Service
This Privacy Policy hereby incorporates by reference all terms, conditions rules, policies and guidelines on The Gerson Companies Site, including The Gerson Companies Terms of Service (“Terms of Service”). Capitalized terms not defined in this Privacy Policy are defined in the Terms of Service. This Privacy Policy is effective on the date you accept the terms agreement. The current version was created November 28, 2018. Your use or continued use of the Site (as defined below) after such time will signify your acceptance of this Privacy Policy. We reserve the right to modify the provisions in this Privacy Policy without prior notice to you, so please check back often for updates.
 
The Gerson Companies, Inc. ("The Gerson Companies", "us" or "we") respects the privacy of the visitors to its Web site, the home page of which is located at http://www.gersoncompany.com ("Site"). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information and Anonymous Information you submit to us through our Site. This Privacy Policy is hereby incorporated in our Terms of Service Agreement, and by registering for use of our website you accept the terms of this Privacy Policy.

NOTIFICATION OF CHANGES
We may update this Privacy Policy from time to time as our Services change and expand. If we make substantial changes to this Privacy Policy, we will post the updated policy. This policy will always be available to view on the site. Once any changes that we make to this Privacy Policy become effective, your continued use of the Site after such time will signify your acceptance of the new terms.

THIS SITE CONTAINS LINKS TO OTHER SITES
The Gerson Companies is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site. By clicking on a link, logo or other item, or using certain services available on the Site, including the online communication services, please note that you may no longer be on the The Gerson Companies Site. To check what Internet location you are on, note the URL at the top and/or bottom of your browser. We encourage you to read the posted privacy statement of that website whenever interacting with any website.

Legal Requests
The Gerson Companies cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, theft, harassment and other rights. We can (and you authorize us to) disclose any information about you, including the content of your online communications, if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend the rights or property of The Gerson Companies or third parties.

Question Title

* 1. Please Agree To The Terms, Policies And Conditions.

( Privacy & Cookie Policy

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