Last Revised: January 23, 2013
TERMS AND CONDITIONS OF USE
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use, or browse the Sites, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Sites and information collected from you on and after Last Revised date, unless we have other communications with you.
GearLode may make changes to any Site, including without limitation the content, products, services, or features of a Site, at any time. You understand and agree that GearLode may discontinue or restrict your use of any or all of the Sites at any time for any reason or no reason with or without notice.
2. PERMITTED USERS OF THE SITE
In consideration of your use of the Sites, and except as otherwise explicitly provided herein, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.
The Sites are directed to persons 13 years of age or older. GearLode and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to GearLode on the Sites or offline. If you provide information to GearLode through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe GearLode may have inadvertently collected personal information from your child, please notify GearLode immediately by sending an email to email@example.com detailing the basis of your belief and your request.
The access rights granted to you under the Terms are non-transferable without the express written permission of GearLode. You are responsible for the actions of any other person of entity who may utilize your access rights to the Sites.
3. SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Any Non-Human Visitors (defined below) to the Sites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. By causing such Non-Human Visitors to access the Sites, such individual(s) agree that such individuals are responsible for the actions of such Non-Human Visitors in the same manner as if such individual(s) personally visited the Sites.
Special restrictions on a visitor's license to access or otherwise use the Sites apply to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Sites automatically in whole or in part. Non-Human Visitors are restricted from taxing the resources of the Sites beyond that which would be typical use of a human visitor.
Email addresses on the Sites are considered proprietary intellectual property of GearLode or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors. These email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Sites contain has a value of not less than US $100 derived from its relative secrecy. You further agree that the unauthorized compilation, storage, and/or distribution of these addresses substantially diminishes the individual and aggregate value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Sites’ email addresses is recognized as a violation of these Terms and is expressly prohibited.
5. PERMITTED USES
The content available through the Sites, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software, and other information and materials (the “Content”) is the sole and exclusive property of GearLode, its licensors, or other content providers.
The Content is made available for your personal, non-commercial use. You agree to abide by any posted limitations relating to use, reproduction, or dissemination of any Content. Any use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
6. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of GearLode or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice.
Some areas of or benefits provided by the Sites may require you to register an account with us or create an account using third-party sign on services (e.g., Facebook Connect) and provide us with certain information including but not limited to your name, valid email address, mailing address, and profile information. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason at any time and from time to time. In registering or using any of the Sites, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account with or without reasons or notice to you.
When you register to open an account on a Site, you will be required to provide a valid email address and select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify GearLode of any unauthorized use of your password or account or any other breach of security. GearLode is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:
- register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person;
- register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization;
- have more than one user account; or
- register your Account Information, including but not limited to, information related to PayPal accounts and credit or debit card accounts, with a different user's account.
GearLode reserves the right to refuse registration of or terminate a user account at its sole and absolute discretion.
8. FEES AND PAYMENTS
The Sites may offer Services from GearLode, third parties, or both for a fee. By selecting a Service you agree to pay the transactional, monthly, annual, or other fees indicated for a particular item or items provided to you as part of the Service and abide by any additional terms for the Service, including payment terms. In some instances, GearLode acts as an agent in distributing the Service on behalf of the third party. In these cases, the third party is the issuer of the Service. As the issuer of the Service, the third party shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by or incurred in respect of a user, caused in whole or in part by the third party or its products and services.
Payments will be charged as indicated for a Service and will cover the use of that service for a transaction or monthly or annual period as indicated. Paid service fees are not refundable. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by GearLode, or otherwise in connection with GearLode's efforts, to be paid such amounts due, including but not limited to any attorney fees and other legal expenses.
9. OWNERSHIP AND INTELLECTUAL PROPERTY
You acknowledge and agree that, as between GearLode and you, all right, title, and interest in and to the Sites and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by GearLode or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Sites, whether modified or unmodified.
All Content, including any and all copyrights therein, is the property of GearLode or its affiliates, suppliers, vendors, merchants, licensors, or other partners and is protected by United States and international copyright laws. You agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Sites or the Content other than as expressly authorized by GearLode in writing.
The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Sites are proprietary to GearLode or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement of, or recommendation of GearLode by the respective trademark owners, or by GearLode of the respective trademark owners. Without limitation, the Marks include GearLode™ and Where Your Gear Makes Money™.
One or more patents may apply to the Sites and to the products, features, and services accessible via the Sites. Such patents are the property of GearLode or its affiliates, suppliers, vendors, merchants, licensors, or other partners.
10. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
GearLode in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to GearLode a notice containing the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
(4) your name, address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.
For notice of claims of copyright or other intellectual property right infringement, GearLode can be reached by sending an email to firstname.lastname@example.org.
11. LISTINGS, REVIEWS, SUBMISSIONS, COMMENTS, COMMUNICATIONS, CONTRIBUTIONS, AND OTHER CONTENT
The Sites may contain areas for you to post messages, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services, the Sites, and GearLode (collective, "Submissions"). You acknowledge that your submissions may become available to others on the website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and are not confidential or private. You agree that you are entirely responsible and liable for any Submissions you post, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any submissions or materials you post and that by posting such submissions or materials, you are representing and warranting to GearLode and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you either own or control the said submissions or materials and that no other party has any claim of ownership to any part of the said submissions or materials.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:
(1) aggregate, copy, duplicate, publish, or make available any content to third parties outside the website in any manner;
(2) defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
(3) publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information;
(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
(5) upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(6) use the website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
(8) engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.
If you post content or submit material, you grant GearLode and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant GearLode and its affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission.
GearLode may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. GearLode does not necessarily endorse any opinion or statement contained in any submission.
12. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
You agree not to hold GearLode responsible for things other users post or do, including without limitation their Submissions on the Site. GearLode does not control, is not responsible for and makes no representations or warranties with respect to any user Submissions. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any user Submission.
GearLode does not endorse or guarantee the accuracy of any Submissions or the communications and the quality, safety, or legality of what a Submission may offer. Any Submission posted on the Site is the responsibility of the person or persons making the Submission. You agree that GearLode does not pre-screen, monitor or approve any Submissions, but that GearLode shall have the right, but not the obligation to remove, refuse, edit or delete any Submission for any reason whatsoever.
GearLode is not responsible for any interaction between you and the other users of the Site. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such other users and under no circumstances will GearLode be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. GearLode is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
YOU FURTHER AGREE TO RELEASE GEARLODE FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTE. YOUR ACCESS TO, USE OF AND RELIANCE ON THE SITE AND SUBMISSIONS ACCESS THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
13. YOUR INDEMNITY OF GEARLODE
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GEARLODE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR GEARLODE, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR GEARLODE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF GEARLODE OR ANY THIRD PARTY; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) YOUR USE OF OR RELIANCE ON ANY USER SUBMISSIONS.
14. LINKS TO OTHER WEBSITES
The Sites may contain advertisements, postings, and links to websites operated by other parties. The Sites provide these advertisements, postings, and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings, and linked sites are not under the control of GearLode, which is not responsible for their content or privacy practices. Such advertisements, postings, or links or references to other parties’ products or services do not imply GearLode’s endorsement of information, material, products, or services of any other party or any other website, or by any other party of GearLode. GEARLODE disclaims all liability with regard to your access to and use of such information, material, products, or services or transactions with such linked websites or other parties. You acknowledge and agree that GearLode is not responsible or liable, directly or indirectly, for any damage, loss, or other claim caused or alleged to be caused by or in connection with, access to, use of, or reliance on any content available on or through any other site or resource.
15. MODIFICATIONS, SUSPENSION, AND TERMINATION
GearLode reserves the right, at its sole discretion, immediately and without notice, to modify, suspend, or discontinue, temporarily or permanently, the Sites, Content, or Activities, or any portion thereof. You agree that GearLode will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites, Content, or Activities.
GearLode reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to any Site, Content, or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that GearLode shall not be liable to you or any third party for any such suspension, discontinuance, or termination.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITES AND ALL CONTENT ON THE SITES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GEARLODE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK.
GEARLODE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEARLODE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF GEARLODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) your use of the Sites will be in strict accordance with the Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Sites will not infringe or misappropriate the intellectual property rights of any third party.
17. NOTICE REQUIRED BY LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is: GearLode, Inc., 244 Fifth Avenue, Suite 1585, New York, NY 10001, 800-984-2312. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
18. "LIKE" GEARLODE ON FACEBOOK
We invite you to “like” GearLode on Facebook. On our page, you can learn about upcoming events, see photos, and have discussions with others who like GearLode. When you visit our Facebook page, please keep the following guidelines in mind:
- We encourage you to participate in existing discussions and to start new discussions with other GearLode fans. Please be polite, even if you disagree with things that have been posted. Personal attacks, offensive remarks, and foul language are not appropriate.
- We encourage you to contribute relevant comments to the discussion. Postings that are off-topic or consist of spam or promotional postings may be removed.
- All postings on the GearLode wall and in the Discussions area should be made by actual identifiable people. Postings from obviously fake or anonymous profiles may be deleted.
- GearLode is not liable for anything posted on the GearLode Facebook page by a third party. When you access our Facebook page, you do so at your own risk.
- GearLode reserves the right to remove any user-generated content from its Facebook page for any reason.
19. FOLLOW GEARLODE ON TWITTER
We invite you to follow GearLode on Twitter and have a dialogue with us. We welcome your thoughts and replies on anything related to GearLode, and will do our best to reply to any general comments or questions.
- Many of the people associated with GearLode may use Twitter and other social networks. Unless a particular Twitter account is identified on this page: twitter.com/gearlode, it is not an official GearLode Twitter profile.
- We encourage you to begin or contribute to conversations using replies. However, we will not reply to any replies that are off-topic, contain personal attacks, or foul language.
- When you access any official GearLode Twitter profile page, you do so at your own risk.
We do not guarantee the accuracy of anything posted by any GearLode Twitter account. Nothing in any Twitter communication initiated by a GearLode Twitter account constitutes a binding representation, agreement, or endorsement on the part of GearLode.
20. GOVERNING LAW AND DISPUTES
The Sites are controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Sites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. GearLode does not represent that the Sites or Content is appropriate outside the United States of America. GearLode reserves the right to limit the availability of the Sites for any person, geographic area, or jurisdiction at any time in its sole discretion.
If there are any questions regarding these Terms, you may contact us using the information below.
244 Fifth Avenue, Suite 1585
New York, NY 10001
United States of America