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Terms of Use

Terms of Use Agreement for The Gear Page
Owned and Operated by The Gear Page, LLC

Last Amended on December 24, 2007

Please read the following Terms of Use Agreement ("Terms of Use" or "Agreement") carefully. It explains the policies and rules related to the use of The Gear Page ("FORUM" or "site"). By using the FORUM, you are stating that you are at least 13 years of age and that you have read and agree to be bound by all of these Terms of Use.

1. ACCEPTANCE
These Terms of Use govern your access to the FORUM as well as your registration with us. Any use of the site (whether as a registered or non-registered user) by you conclusively indicates that you are at least 13 years of age and that you have reviewed and accepted these Terms of Use.

2. DESCRIPTION OF SERVICE
You understand and agree that the FORUM is provided "AS-IS" and that The Gear Page, LLC assumes no responsibility for the timeliness, deletion, mis-delivery of any content or failure to store any user communications or personalization settings. The Gear Page, LLC is not responsible for statements made by any members on the site. Further, The Gear Page, LLC assumes no responsibility for decisions that you might make related to information provided by The Gear Page, LLC or others on the site, and assumes no responsibility for any purchases you might make from any members or non-members of the site.

3. MODIFICATIONS TO SERVICE
The Gear Page, LLC reserves the right to modify or discontinue, temporarily or permanently, the FORUM (or any part thereof) with or without notice. You agree that The Gear Page, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FORUM.

The Gear Page, LLC may change, add or remove any part of this Agreement, or any other terms associated with the use of the FORUM, at any time, by posting a notice of such changes to the Terms of Use area of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such notice is posted. By continuing to use the FORUM after the notice is posted, you are indicating your acceptance of those changes.

4. PRIVACY
The Gear Page, LLC respects the privacy of our users. The Privacy Policy (which may change from time-to-time) is detailed on its own page.

5. USER CONDUCT
We reserve the right (but have no duty) to monitor and to remove any objectionable information at any time, without notice, in our sole discretion.

The Gear Page, LLC has certain rules for conduct which you must agree to follow in using the site.

You agree to:
• follow all local, state, national and international laws and regulations; and
• be responsible for all acts that occur under your account or password, including any content transmitted or broadcast through your account or any activities occurring under your account.
You also agree that you will not:
• transmit through the site any unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, pornographic or otherwise objectionable content;
• copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, pornographic or otherwise objectionable;
• transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
• copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
• interfere with or disrupt the site or The Gear Page, LLC’s computer systems, servers or networks, or violate the regulations or policies of such networks;
• transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
• attempt to gain unauthorized access to the site, others' accounts, or computer systems or networks connected to the site, through password mining or otherwise;
• engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;
• collect information about others without their consent;
• provide false information on your registration form, impersonate any person, or otherwise attempt to mislead others about your identity;
• transmit any content to the site which contains any advertisement or commercial solicitation outside of the discussion areas known collectively as the “emporiums”;
• transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages; or
• interfere with anyone's use of the site.

6. CONTENT AND RELATED PROPRIETARY RIGHTS
The Gear Page, LLC is a distributor of content supplied by third parties. Accordingly, The Gear Page, LLC has no editorial control over such content. Any opinions, statements or other information in content available on or through the site are those of the respective author or distributor (some of whom have elected to remain anonymous) and not of The Gear Page, LLC. The Gear Page, LLC neither endorses nor is responsible for the accuracy or reliability of any content made available on or through the FORUM. The Gear Page, LLC may at any time change the content it offers as a part of the FORUM. Under no circumstances will The Gear Page, LLC be liable for any loss or damage caused by content available on or through the FORUM. It is the responsibility of users to evaluate the accuracy, completeness or usefulness of any content available on or through the FORUM.

By transmitting any content to our site, you grant to The Gear Page, LLC, its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license to distribute, display, broadcast, or reproduce that content or to use or distribute that content in any manner, and to authorize the downloading and printing of a copy of the content by end users for their individual non-commercial use.

You agree that content presented through the site by The Gear Page, LLC, any advertisers, customers, users, or others is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Unless otherwise expressly stated in these Terms of Use, you may display, reformat and print a single copy of any content obtained through the site for your individual, noncommercial use only. You agree not to otherwise copy, change, upload, transmit, sell, publish, commercially exploit, modify, create derivative works or distribute any content available through the FORUM, including without limitation code and software.

The site is owned by The Gear Page, LLC. The site may contain trademarks and service marks owned by The Gear Page, LLC. The site and all such trademarks and service marks shall at all times remain the property of The Gear Page, LLC. Access to the site does not give you a right to copy or use any intellectual property of The Gear Page, LLC. You may only use such intellectual property as expressly authorized in writing by The Gear Page, LLC.

7. TERMINATION
You agree that The Gear Page, LLC may close your account and/or prevent you from using the site for violating these Terms of Use or our Intellectual Property Rights Policy, or for any other reason, at any time, in The Gear Page, LLC's sole discretion, without prior notice to you and without any liability to you for such termination. Be aware that any threat or intimation of legal action against The Gear Page LLC or its staff will lead to termination of your use of the site.

8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Gear Page, LLC and its parents, subsidiaries, affiliates, business partners, officers, and employees from any loss, liability, claim, demand, cost, damage, or expenses (including reasonable attorney's fees) incurred by The Gear Page, LLC relating in any way to your use of the FORUM, any content you provide, or content supplied by others or any breach of your obligations under these Terms of Use. The Gear Page, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

9. CHANGES TO THIS AGREEMENT
From time-to-time The Gear Page, LLC may make changes to this Terms of Use Agreement, including the Privacy Policy and will let you know about them by posting the changes on the web site(s). By continuing to use the site after we have posted changes to these Terms of Use or the Privacy Policy, you agree to and accept the changes.

10. EXTERNAL LINKS
The Gear Page, LLC's site may contain links to other sites. The Gear Page, LLC is not responsible for any content contained on such sites or otherwise with respect to such sites. You agree that The Gear Page, LLC does not endorse, sponsor or recommend any other sites and is not liable for any loss or damages arising from any link from another website to the site or from the site to another website. If you have any problems or concerns regarding other sites, please contact their site administrator or webmaster directly.

11. DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, THE GEAR PAGE, LLC MAKES NO REPRESENTATION OR WARRANTY AS TO (1) THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE; (2) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT SOFTWARE DEFECTS OR DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (3) REGARDING ANY GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE GEAR PAGE, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN.

12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE GEAR PAGE, LLC BE LIABLE FOR ANY DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES), EVEN IF THE GEAR PAGE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE GEAR PAGE, LLC COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT THE GEAR PAGE, LLC IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE GEAR PAGE, LLC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE.

If you are dissatisfied with the site or the content available on or through the FORUM, or with any of these Terms of Use, your only remedy is to discontinue using the FORUM.

13. INTELLECTUAL PROPERTY RIGHTS
It is the policy of The Gear Page, LLC to respect the intellectual property rights of others; we require that our users do the same. The Gear Page, LLC may terminate access to the FORUM, including the accounts of those who appear to infringe the intellectual property rights of others, and/or The Gear Page, LLC may remove content that has prompted such a complaint.

If you believe that your intellectual property rights have been infringed by The Gear Page, LLC or by a user of The Gear Page, LLC on the FORUM, please provide us notice via email at b.scherzer@comcast.net and include all of the following information:
• a description of the work that you claim has been infringed;
• a description of the material that you claim is infringing, identified with sufficient detail to enable us to locate it on the FORUM;
• if a specific publication or publications are involved, the publication identifier(s) of the publication(s) in question;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the intellectual property rights, its agent, or the law;
• a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the intellectual property rights involved or that you are authorized to act on the behalf of the owner of the intellectual property rights; and
• a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property rights.

14. MISCELLANEOUS
These Terms of Use are governed by and will be interpreted in accordance with the internal laws of the State of Colorado, without regard to conflict of law provisions. You agree to submit any dispute relating to the site or these Terms of Use to the personal and exclusive jurisdiction of the state courts located in Arapahoe County in the State of Colorado, or the federal courts in the District of Colorado. The Gear Page, LLC does not waive any right or provision in these Terms of Use by failing to exercise or enforce such right or provision. If any provision of these Terms of Use is found invalid, unlawful or unenforceable, such provision shall be interpreted to reflect the parties' intentions as nearly as possible, and shall not affect the validity or enforceability of the remaining provisions.

These Terms of Use (a) may be amended by The Gear Page, LLC at any time by posting such an amendment on the web site, whether or not you actually receive notice of such amendment, or by you and The Gear Page, LLC in a writing executed by you and The Gear Page, LLC, (b) inure to the benefit of, and are binding upon, you and The Gear Page, LLC and each of your and The Gear Page, LLC's successors and assigns, except that you may not assign any of your obligations under these Terms of Use without the prior written consent of The Gear Page, LLC, and (c), together with our Privacy Policy, constitute the entire agreement between you and The Gear Page, LLC with respect to the FORUM, and supersede all prior oral and written proposals, representatives, understandings and agreements.

You agree that regardless of any statute or law to the contrary, any claim relating to the FORUM or these Terms of Use, must be commenced within one year after such claim arose or it is forever barred.

The section titles in this Terms of Use are for convenience only and have no legal or contractual effect.

You may send notices to The Gear Page, LLC (1) by e-mail at b.scherzer@comcast.net or (2) by regular mail at The Gear Page, LLC, 2427 S. Oakland Circle, Aurora, Colorado, 80014. Any such notice will be effective upon actual receipt by The Gear Page, LLC. The Gear Page, LLC may send notices to you through e-mail, regular mail or a posting on the site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the site.

I HAVE READ AND UNDERSTAND THIS TERMS OF USE AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

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