Terms of Use

 

These terms are effective as of September 15, 2023

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. DETAILS ARE SET FORTH BELOW.

Welcome to GabesStores.com. We are pleased that you have decided to visit our website. These Terms of Use apply to the Gabriel Brothers® or “Gabe’s” website and all other sites, services, and tools where these Terms of Use appear or are linked (collectively, the “Site”).

Use Of This Site

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE! ACCESSING OR OTHERWISE USING THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT FULLY ACCEPT THESE TERMS OF USE, DO NOT USE OR ACCESS THIS SITE.

If any one provision of these Terms of Use is found to be invalid or unenforceable, then that provision shall be deemed to be severable with/from all of the remaining provisions of the Terms of Use, meaning that these remaining provisions would be unaffected and remain in full force and effect. 

Please remember that you are responsible for your use of the website.  It is our intention to create a positive and safe experience for all users.  To achieve this, we prohibit certain kinds of conduct that may be harmful to other users or to Gabriel Brothers, Inc. (“Gabe’s”).  When you use this site, you agree that you will not:

  • Harass, stalk or harm another individual;

  • Impersonate or misrepresent your affiliation with someone else;

  • Use the site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photos or personal contact information of others without their permission;

  • Transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;

  • Violate any law or regulation;

  • Violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;

  • Send unsolicited or unauthorized advertising or commercial communications, such as spam;

  • Transmit any malicious or unsolicited software;

  • Interfere with or damage the site, including through the use of viruses, cancel bots, trojan horses, harmful code, IP spoofing, forged routing or electronic mail address, or similar methods or technology;

  • Use, display, mirror or frame the site or any element within the site, the Gabe’s names, any trademarks, logos or other proprietary information or the layout and design of any page or form contained on a page without Gabe’s express written consent;

We reserve the right not to provide the website to any user.  We also reserve the right to terminate any user’s right to access the website at any time, in our sole discretion.  If you violate any of these Terms, your permission to use the Website automatically terminates.  Gabe’s reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Gabe’s may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

DISPUTE RESOLUTION & ARBITRATION (“Arbitration Agreement“)

IMPORTANT: PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GABE’S ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

All issues or questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or using or visiting GabesStores.com, or the rights and obligations of customers’ or Gabe’s, are governed by the laws and regulations of the State of West Virginia, without giving effect to any West Virginia choice of law or conflicts of law rules. You agree that if you have a dispute with Gabe’s, you will try to resolve the dispute through negotiation with Gabe’s. If agreement cannot be reached after negotiation, you agree to seek resolution through binding arbitration in the State of West Virginia. By visiting GabesStores.com, all participants consent to the jurisdiction of the State of West Virginia.

Our Customer Service personnel are ready to assist you and address your concerns by calling 1-800-458-6546, extension 213, Monday through Friday 8:00am to 5:00pm EST and Saturday & Sunday 11:00am to 4:00pm EST. In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that any dispute or claim or controversy arising out of or relating in any way to these Terms or the existence, breach, termination, enforcement, interpretation or validity therefore, or your access to or use of this Site, will be resolved by binding individual arbitration, rather than in court. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. 

This agreement evidences a transaction in interstate commerce and the Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

Please take note, in an arbitration proceeding there is no judge or jury and no class actions. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Gabe’s that an in-person hearing is appropriate. Any in-person appearances will be held at a location within the state of West Virginia. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Gabe’s for you.

Exceptions to Agreement to Arbitrate: Either you or Gabe’s may assert claims, if they qualify, only in the courts of Monongalia County, West Virginia, the federal courts for the United States for the Northern District of West Virginia, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Gabe’s products or Gabe’s Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or informal dispute-resolution process described above.

If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.

Changes To These Terms Of Use

Gabriel Brothers® may change these Terms of Use at any time and from time to time by updating this posting, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use as they are binding on you. Your continued use of the Site after any modifications indicates your acceptance of the modified terms. 

Company Sales and General Financial Policies

The products offered in our stores present an exclusive opportunity for us to share value with our customers. We do not offer telephone or online shopping. Gabriel Brothers® is a retail service company, not a wholesale company; therefore, we share the products for sale in our stores exclusively with our individual customers, and our products are not to be resold in another retail market or venue.

We accept most major credit cards. All of our store sales are on a pay-and- carry basis, with only a few locations offering layaway. We also offer gift cards for customer purchase.

Finally, Gabriel Brothers® reserves the right to accept or decline any particular transaction, in its sole discretion, if deemed necessary to preserve the integrity of our business and customers.

We also wish to inform you that while your comments and suggestions are always welcome, your contributions, be they creative or otherwise, including photographs, stories and the like, become the property of Gabriel Brothers® once they are received by our corporate office.  Such disclosure, submission or offer of any submissions and your agreement to the Terms of Use shall constitute an assignment to Gabe’s of all worldwide rights, titles, and interest in all copyrights and other intellectual properties in the submissions.  Gabe’s will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish distribute, display and publicly perform, and submissions and not be limited in any way in its use, commercial or otherwise, of any submissions.  Further, Gabe’s is under no obligation to maintain any submissions in confidence, pay to users any compensation or royalties for any submissions, or provide attribution to any users for any submissions.  Gabe’s shall have no obligation to use, return, or review and submissions.  We ask that you not send us any submissions that you do not wish to assign to Gabe’s.

Information

We make all reasonable efforts to provide information on this site that is accurate and complete, however typographical errors may occur or information may be out of date.  There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete.  We reserve the right to correct any such information without prior notice.  We regret any inconvenience to you.  The inclusion of any products on the site at a particular time does not guarantee that the products will be available.  Online promotions for products may differ from promotions for the same products in a given store and may differ between stores and regions.

Contact Information

Please contact us with any questions regarding these Terms of Use at:

GABRIEL BROTHERS, INC.
ATTENTION: Legal Department

55 Scott Avenue
Morgantown, West Virginia 26508

Fax: 304- 292-3876
Telephone: 1-800-458-6546
Customer Satisfaction voice mail extension: 213

Intellectual Property Rights

With  limited exceptions described below, all information contained on the Site including registered and unregistered trademarks, and all audio clips, video clips, text, photographs, icons, images and designs, are the intellectual property of Gabriel Brothers, Inc., and protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of Gabriel Brothers, Inc. Violations will be addressed within the full limits of the law.  Notwithstanding the foregoing, certain trademarks, service marks and trade names and products contained within this site are the registered or unregistered property of their respective owners.  All software used on the site is the property of Gabe’s or its suppliers and is protected by U.S. copyright and other intellectual property laws.  You may not reproduce, create, derivative works from, distribute in any way, or publicly display any content or software without the prior written consent of Gabe’s.  The content of the website, and the website as a whole, and the software is intended solely for personal, noncommercial use by you and other users of the website.  References on this website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products by Gabe’s.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY USER CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GABRIEL BROTHERS® MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF, OR BROWSING OF THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS OR INFORMATION FROM THE SITE AND THAT GABES AND THEIR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.  

Indemnity

You agree to indemnify and hold Gabriel Brothers® and their respective affiliates, licensors, directors, officers, members, managers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) your violation of the these Terms of Use, (iv) the infringement or other violation by you of any intellectual property or other right of any person or entity.

Limitation Of Liability

IN NO EVENT SHALL GABRIEL BROTHERS® OR ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SITE.  IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE WEBSITE.

Privacy

Gabriel Brothers® believes strongly in the protection of the privacy of users of the Site and our customers. Our data collection and use practices are set forth in our Privacy Policy which we encourage you to visit.  You can opt out of receiving promotional communications from Gabe’s by contacting Customer Service at 1-800-458-6546, Monday-Friday 8am to 5pm and Sat & Sunday 11am to 4pm eastern time.

Eligibility

Children: At Gabriel Brothers®, we place the importance of protecting privacy where children are concerned at the highest level of attention possible. We comply fully with the Children’s Online Privacy Protection Act (COPPA). For example, we do not knowingly collect information from children under the age of thirteen (13). If a parent or other adult becomes aware that a child has provided us with identifiable personal information, we ask that you contact us so that we can delete the child’s information from our files.

Third Party Links

Links to Other Websites: While we carefully select the websites to which we link, we are not responsible for the privacy practice or other content of these websites. To the extent that this website contains links to third-party, non-affiliated outside services and resources, over which Gabriel Brothers® has no control, any questions or concerns regarding any such service or resource should be directed to the particular outside service or resource. When you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not our privacy policy. Gabriel Brothers® encourages you to read that policy before submitting any personal information.

Choice of Law

Applicable Law: By visiting GabesStores.com, you agree that the laws of the state of West Virginia, without regard to conflict of law principles, will govern these Terms of Use, as well as any dispute that might arise in connection with their interpretation.

Text/SMS Alerts

What is Gabe’s Text Alerts?
Gabe’s Text Alerts is a program that lets customers opt-in to receive text message notifications from Gabe’s. To subscribe to marketing updates such as event or product information, text JOIN to 42237.

  •  Is it free?
    Messages and data rates may apply. Depending on your text plan, you may be charged by your carrier.

  • What if I don't want to receive any further notification messages?
    Text STOP to 42237 to cancel the entire Gabe’s Alerts service. After doing so you will no longer receive any texts from Gabe’s.  

  • What if I want more info?
    Text HELP to 42237 for more information or contact Gabe’s at # +1.800.458.6546.

  • How many text messages will I receive?

    Depending on a particular promotion or offering, Gabe’s sends around (4) messages per month.

  • More Commands:

    • STOP: Text STOP to 42237 to cancel the entire Gabe’s Alerts service. After doing so you will no longer receive any texts from Gabe’s.  

    • HELP: At any time, you can text HELP to 42237. Texting HELP will return the following message: Gabe’s Alerts: For additional support please contact +1.800.458.6546.

  • Who are the participating carriers?
    AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Google Voice, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile, etc.[ OR “All U.S. Carriers.”]

  • Carrier Liability
    Carriers do not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

  • Rates

    Standard or other message and data rates may apply.