Your Agreement to the Terms
YOUR ACCESS OR USE OF THIS WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using this Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website. If you do not agree to the Terms, you are not authorized to use this Website.
Restrictions on Use of Materials
You may be required to create an account and password to use certain sections on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing email@example.com. You agree to indemnify and hold harmless Gear Up Sports for losses incurred by Gear Up Sports due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Users agree not to use the Website to:
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Website;
Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any personally identifiable information about persons under 13 years of age;
Use the computer processing power of this Website for purposes other than those permitted above;
Flood this Website with electronic traffic designed to slow or stop its operation; or
Establish links to or from other websites to this Website without the prior written consent of Gear Up Sports.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website); or, (ii) use this Website in any manner that could disable, overburden, damage or impair this Website, or interfere with any other party’s use and enjoyment of this Website.
All content included on this Website, such as text, graphics, code, logos, button icons, images, and audio clips, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Gear Up Sports and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, GEAR UP SPORTS OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GEAR UP SPORTS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEAR UP SPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GEAR UP SPORTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL GEAR UP SPORTS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE GEAR UP SPORTS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE GEAR UP SPORTS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE GEAR UP SPORTS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES OR OTHERWISE RELATING TO THE WEBSITE.
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless Gear Up Sports, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this Website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk. You acknowledge that Gear Up Sports: (a) is not responsible or liable for any third-party websites or any third-party content, information or products made available at any third-party website; (b) has not reviewed any third-party websites or third-party content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed third-party websites or third-party content; and (d) makes no representations or warranties whatsoever about any third-party websites or third-party content.
In the event that a product sold is mistakenly listed at an incorrect price, Gear Up Sports reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gear Up Sports shall issue a credit to your credit card account.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Termination of this Agreement
These Terms continue to apply until terminated by either you or Gear Up Sports as set out below. Your right to access and use the Website terminates automatically upon your breach of any of these Terms that may apply to any of the Website.
Gear Up Sports may, at any time: (a) modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason; (b) modify or change the Website, or any portion of the Website, and any Terms and other policies governing the use of the Website, for any reason; (c) interrupt the operation of the Website, or any portion of the Website, for any reason, all as Gear Up Sports deems appropriate in its sole discretion.
Your access to, and use of, the Website may be terminated by you or by Gear Up Sports at any time and for any reason.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
These terms shall be governed by and construed in accordance with the laws of the state of Oregon, U.S.A., exclusive of its choice of law rules. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Washington County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Gear Up Sports’ failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.