gearcovery llc

Terms of Use

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

I. Acceptance of Terms and Conditions

This document is a contract between you and gearcovery llc, and it explains how we will work together. By accessing, viewing or otherwise using this website you are agreeing to these terms of use (“Terms”). Please read these Terms carefully.

II. Ownership

This website is owned by gearcovery llc (the “Company”). The website and all content, including but not limited to text, information, news, artwork, images, contracts, and software (“Content”), and all services (“Services”) are the property of the Company unless indicated otherwise. All intellectual property rights in the Content and Services, including but not limited to copyrights, trademarks, service marks, trade secrets and patents, whether registered or unregistered, are the property of the Company or the Company’s affiliates or partners. Content appearing on this website is not to be copied, reproduced, published or used in any way without the written permission of the Company. Access to and use of this website and all of Content and Services are subject to these Terms. Any access or attempt to access or use this website for any unauthorized or illegal purpose is strictly prohibited.

Photographs showing use of the Company goods for third-party products are for demonstrative purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection, or affiliation with the third-party manufacturer. No part of this website may be published, stored or transmitted in any form or means without the express written permission of the Company. You may download a single copy of the content displayed on this website solely for your non-commercial, personal use, provided that you retain all copyright and other proprietary notices contained in the content.

The Content and Services may or may not be available in all regions of the United States or the world.

III. Usage Policy

Without the Company’s prior written consent, which consent may be given or withheld in the Company’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any of the Company’s Content, Services or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this website or the Company’s Content or Services to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this website or any the Company Content or Services which you access in violation of, or post any information to any the Company owned or licensed Content or Services which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any the Company Content or Services, except as permitted by the Company; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of the Company’s Content or Services, or the selection, coordination or arrangement of products or services in any the Company database.

You may not copy or adapt the HTML or other code that the Company uses to generate its pages on the website. This code also is protected by the Company’s copyright.

Your right to access or use this website, Content or Services immediately terminates without further notice upon your breach of these Terms. The Company reserves the right to terminate access to this website, Content or Services or to make changes to the website, Content or Services at any time. Sections I, II, III, VI, VII, VIII, IX, and X of these Terms survive the expiration or termination of these Terms for any reason whatsoever. The Company may take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers.

IV. Membership

The Company grants membership to users on an individual basis. Such users are not authorized to share membership with third parties or to share an account with other individuals.

To purchase or use membership or any Content or Services, you must be at least eighteen years of age. Payment must be made by one of the forms specified as acceptable on the website. You agree that you are responsible for paying any government taxes or fees, including but not limited to sales, use, or value-added taxes. The Company shall automatically charge and withhold certain taxes for certain localities that the Company deems required.

Membership services are auto-renewing. Cancellation by you must be made in writing to the Company 30 days before the final day of service. You may give notice of cancellation to the Company at any time via electronic mail to info@gearcovery.com or letter delivered by first class postage paid U.S. mail or overnight courier to the following address:

gearcovery llc

PO Box 400128

Cambridge, MA 02140

 

The Company reserves the right to terminate or cancel membership for any or no reason.  Membership refunds may be requested within 14 days of the original purchase date at refunds@gearcovery.com .

 

V. Modification to Prices or Billing Terms

The Company reserves the right to change its prices and billing methods, at any time, for Content or Services sold, effective immediately, upon notification by posting on this website or by e-mail delivery to the e-mail address provided by you.

VI. Security

Certain pages of the website may be accessed only by use of an e-mail address, password or other information or code assigned to or selected by you (your “Information”). Subject to applicable law, you are solely responsible for all uses of the website with your Information. You agree to protect your Information and to notify the Company immediately of any unauthorized use.

You are prohibited from violating or attempting to violate the security of the website and from using the website to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the website, host or network, including, without limitation, via means of submitting a virus to the website, overloading, spamming, or crashing; (d) sending unsolicited e-mail, including promotions or advertising of products or services; or (e) forging any the Company packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of this website who are involved in such violations.

YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEBSITE, ANY COMPANY INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE THE COMPANY WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, THE COMPANY DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS, AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THE COMPANY’S WEBSITE, INFORMATION, CONTENT, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.

VII. Data Protection; Privacy

The Company is committed to maintaining the privacy of your information, pursuant to the Company’s Privacy Policy. In order to ensure your compliance with these Terms and to ensure that the Company complies with applicable laws, the Company may randomly check, from time to time, the messages that you send. Except as otherwise required for your access to Content or Services, the Company does not want you to send, and you should not send, any confidential or proprietary information to the Company via the website or the email addresses referenced on the website. You agree that any information, including but not limited to remarks, suggestions, materials, ideas, graphics or other submissions, communicated to the Company through this website or materials that you provide to the Company (other than Information required for your purchase of the Company’s Content or Services) will not be considered confidential or proprietary. You further recognize that the Company does not want you to provide, and you warrant that you shall not provide, any information or materials to the Company that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

VIII. Hyperlinks

This website may contain links to third party websites not under the control of the Company, which may contain information that some people may find offensive or inappropriate. The Company provides these links solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, the Company is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in websites which may be accessible via a hyperlink to or from this website or for the hyperlink itself.

If you decide to access linked third-party sites, you do so at you own risk. The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this website, since these sites are owned and operated by independent third-parties. The Company does not endorse any of the products or services, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. The Company does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against the Company with respect to such sites. The Company strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any third parties.

No person may establish hyperlinks either to this website or away from this website without the prior written consent of an appropriate the Company manager, which consent may be given or withheld in the Company’s sole discretion. In its sole discretion, the Company reserves the right to remove a hyperlink to this website or away from this website at any time and for any reason. Contact the Company at info@gearcovery.com  to obtain this consent.

If approved, all links to this website will be subject to the following requirements: (a) the link is a text-only link containing only the name “gearcovery”; (b) the link “points” only to gearcovery.com and not to deeper pages; (c) the link, when activated by a user, displays tis website’s homepage in a full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked website; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by the Company nor be such as to damage or dilute the goodwill associated with the name and trademarks of the Company or its affiliates. The Company reserves the right to revoke consent to a hyperlink at any time in its sole discretion, without notice.

IX. No Warranty; Limitation of Liability; Indemnity

This website is provided as a convenience to users to be used for the purposes of commerce, information, education and communication. The information contained herein may   contain inaccuracies or typographical errors. While the Company’s information and advice contained in this website have been prepared and compiled from sources believed to be reliable, the Company makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations. The Company does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this website, nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this website or any Company service, database, materials or system. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. The Company reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this website or any the Company service, database, materials or system at any time, with or without notice to you.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS WEBSITE AND ALL INFORMATION CONTAINED HEREIN, INCLUDING CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT OR OTHER MATERIAL ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY THE COMPANY PRODUCT, CONTENT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY THE COMPANY, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE CONTENT AND SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, OWNERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEBSITE, CONTENT OR SERVICES OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY COMPANY INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY THE COMPANY THROUGH THIS WEBSITE, ANY INFORMATION PROVIDED IN THE COMPANY SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER OR NOT THE COMPANY IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold harmless the Company, its affiliates, or any of their respective employees, officers, members, owners, agents, representatives, licensors or suppliers against any losses, expenses, costs or damages, including but not limited to reasonable attorney’s fees and other reasonable costs of litigation, arising from, incurred as a result of, or in any manner related to: (a) your breach of these Terms, (b) your unauthorized or unlawful use of this website, Content or Services, or (c) the unauthorized or unlawful use of this website, Content or Services by any person using your Information, subject to applicable law.

X. Miscellaneous

The failure of the Company to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the Company will be entitled to recover reasonable costs and attorneys’ fees.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that the venue of any action or proceeding brought to defend the rights or enforce the obligations of you or the Company or any party hereto shall be in the state and federal courts in Boston, Massachusetts. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this website.

Except as otherwise provided in this paragraph, these Terms are the only terms with respect to the subject matter hereof, and no terms and conditions stated in or attached to your communications are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms. Additional terms and conditions may apply to purchases of goods or services. Further, additional terms may apply to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.

If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.

The Company may assign these Terms, in whole or in part, in its sole discretion.

Information the Company places on or makes available through this website may contain references or cross references to the Company or third party products, programs and services that are not announced or available in your state or country. Such references do not imply that either the Company or such third party intends to announce or make available such products, programs or services in your state or country. Consult the Company or the applicable third party for information regarding any such products, programs, or services. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.

The headings of sections in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms.

These Terms are subject to change and revision by the Company from time to time without prior notice. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes.

Last updated: 24 February 2014