Owned and Operated by The Gear Page, LLC
Owned and Operated by The Gear Page, LLC
Last Amended on December 24, 2007
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.
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.
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.
9. CHANGES TO THIS AGREEMENT
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.
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 firstname.lastname@example.org 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.
You may send notices to The Gear Page, LLC (1) by e-mail at email@example.com 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.