Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR TERMS AND CONDITIONS OF SALE, RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU WHEN VISITING OUR WEBSITE AND PURCHASING OUR PRODUCTS. THE CUSTOMER HEREBY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
The website https://maingear.com/, including all subpages under such domain name, any and all downloadable mobile and/or tablet applications and all MAINGEAR-controlled social media pages (i.e., the MAINGEAR pages at LinkedIn®, Facebook®, YouTube®, Twitter®, Instagram®, Pinterest®, etc.) (collectively, the “Site” or “Website”), relating to products and/services offered on such Site by MAINGEAR or any of its subsidiaries or affiliates, are operated by MAINGEAR, Inc. (“MAINGEAR”). Throughout these Terms of Service (the “Terms”) relating to the Site, the terms “we,” “us” and “our” refer to MAINGEAR. MAINGEAR offers the Site, including all information, tools, products and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting and/or using our Site, and/ or purchasing any MAINGEAR product(s) and/or services and support sold (collectively, the “Products”) from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, Site visitors, vendors, customers, advertisers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using the Site. If you do not agree to all the terms and conditions of herein, then you may not access or use the Site, or purchase Products from MAINGEAR.
Any new features, products, or tools which are added to any current Site or part thereof, including the e-commerce store on such Site shall also be subject to the Terms. You can review the most current version of the Terms at any time at https://maingear.com/terms-conditions/. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site, without notice to you. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to any Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state province, or jurisdiction of residence (at least the age of 18). You may not use our Products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Site. Failure by us to terminate your use of the Site immediately in the event of such breach shall not be deemed a waiver of our right to terminate your use of the Site at any time.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse to provide Products to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on any Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site visited, downloaded, or otherwise used by you.
SECTION 4 – MODIFICATIONS AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site and any Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any Products. We also reserve the right to correct any prices which are inadvertently displayed incorrectly.
SECTION 5 – PRODUCTS AND PRICING
All prices of Products are quoted in U.S. Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order. Shipping for Products may only be available in certain jurisdictions. We may add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. Certain Products may be available exclusively through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return and Cancellation Policy (see Section 24). We have made every effort to display as accurately as possible the colors and images of our Products that appear in person. We cannot guarantee that your device’s display of any color will be accurate or that the Site will display the Products accurately or that reflect the most recent changes to the Products. We reserve the right, but are not obligated, to limit or cancel the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer.
MAINGEAR will ship Products that have the functionality and performance described at the time of purchase, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building MAINGEAR products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted MAINGEAR SKU numbers for MAINGEAR-branded hardware products are of the quality specified by MAINGEAR on its website and conform in all material respects with the MAINGEAR product specification current on the date such products were shipped.
All descriptions of Products or pricing are subject to change at any time without notice, at our sole discretion. Unless you and MAINGEAR have agreed to a different discount, MAINGEAR’s standard pricing policy for MAINGEAR-branded Products, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the Product to be equal to the overall calculated percentage discount off list price on the entire system. We reserve the right to discontinue any of the Products at any time. Any offer for any of the Products made on the Site is void where prohibited by law or these Terms. We make no warranties with respect to the quality of any Products or that such Products will meet your expectations or be error or defect-free, or that any errors or defect any part of the Products will be corrected or that we will, or have any obligation to, make any effort to cure.
Any performance tests and/or ratings related to the Products are measured using specific computer systems and/or components and reflect the approximate performance of the Products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. All third party software (“Third Party Software”) is provided subject to the license agreement that is part of the package you receive from MAINGEAR. You agree to be bound by the license agreement once the package is opened or its seal is broken. MAINGEAR is not responsible for any warranties associated with any software included in Products or purchased separately by you. Title to purchased third party software remains with the licensor of the software and any product warranties related to such Third Party Software shall be issued by the developer of such Third Party Software.
SECTION 6 – ORDERS, PAYMENTS, ACCOUNT INFORMATION, AND SHIPPING.
We reserve the right to refuse any order you place with us. Orders are not binding upon MAINGEAR until payments were authorized by the credit card issuer or other applicable financial institution. Terms of payment are within MAINGEAR’s sole discretion, and unless otherwise agreed to in writing by MAINGEAR, payment must be received by MAINGEAR before MAINGEAR’s acceptance of an order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Payment for prepaid Products must be made at the time of purchase by credit card, or some other prearranged, approved payment method like PayPal, unless credit terms have been agreed to by MAINGEAR. MAINGEAR accepts cashier checks solely for cash on delivery (COD) orders. All checks are subject to verification by MAINGEAR. MAINGEAR will not accept personal or business checks and or Money Orders for prepaid orders. All payments made on the Site are independently processed through third-party services. Therefore, MAINGEAR does not collect any payment information, such as credit card information, but receives notification once a payment has been successfully completed. You agree to provide current, complete and accurate information for all purchases made at our store. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. MAINGEAR may invoice parts of an order separately. You agree to pay interest on all past-due amounts at the highest rate allowed by applicable law.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that your transactions can be completed and we can contact you as needed. We are under no obligation to you or any third party to ensure that your personal information aligns with credit card information submitted by you in connection with your purchase. If a payment fails or is refused by the third-party payment processor, MAINGEAR shall be under no obligation to fulfil the order. MAINGEAR shall have no liability or responsibility to you or anyone else in connection with any payment or attempted payment, including for any charges incurred in connection with any failed payments, or any information or data provided in connection with any payment or attempted payment, for any Product on or through the Site.
All purchases of Products will incur additional fees for shipping and handling unless otherwise expressly indicated at the time of sale. Any loss or damage that occurs during shipping by a carrier selected by MAINGEAR is MAINGEAR’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. MAINGEAR will only be obligated to pay for shipping, one way, at any time on or after the initial thirty (30) day money back guarantee has expired, unless otherwise agreed to by you and MAINGEAR. MAINGEAR has no obligation to pay for additional shipping charges for shipping back to MAINGEAR’S facility if a Product is faulty or defective after the first thirty (30) days following the date of purchase. MAINGEAR shall have the right to void all warranties if any piece of the Product’s original packaging material (as applicable) is missing upon return shipments, unless otherwise advised by MAINGEAR. Shipping dates are only estimates and are subject to change at any time. For protection of our customers, MAINGEAR only ships to the verified billing address or authorized shipping address registered with the customer’s credit card issuer. Please contact your credit card issuer to change your authorized shipping address.
You must notify MAINGEAR of damaged or missing items from your order within fourteen (14) calendar days after you receive your product or MAINGEAR will not be responsible for any forthcomings. MAINGEAR reserves the right to change the shipping carrier for any system to an LTL freight carrier or a hand delivery via courier service at our discretion, without prior notice, in order to ensure safe and secure delivery of applicable Products. Freight and courier delivery service is “curbside” only and drivers are not authorized to bring your purchased Products into your residence or office for you.
For more information on our Return and Cancellation Policy, please see Section 24 of these Terms.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We hereby disclaim any and all liability whatsoever arising from or relating to your use of any third-party tools. Any use by you of optional tools or of any other third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms governing your use of such tools and the conditions upon which such tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also automatically be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Site may include materials, products, information, services, images, content, offerings, promotions, discounts, sweepstakes, or advertisements from third-parties (“Third-Party Content”). Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, completeness, or accuracy of such Third-Party Content and we do not warrant and will not have any liability or responsibility for any Third-Party Content, third-party materials, applications, tools, or websites, or for any other materials, content, tools, products, or services of any third-party. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the applicable third-party’s policies and practices and make sure you understand them before you engage in any transaction or use any of their products or services. Complaints, claims, concerns, or questions regarding Third-Party Content and any other third-party resources, transactions, materials, goods, or services should be directed solely to the applicable third-party.
SECTION 9 – USER CONTENT
The term “Content” means any text, graphics, images, music, video, audio, software, any kind of work of authorship, and any other information posted, generated or otherwise on or through the Website. The term “User Content” means any Content that any user of the Website (including you), makes available to MAINGEAR or any other user of this Website through same.
All User Content, whether posted publicly or otherwise through the Website, is the sole responsibility and obligation of the individual who originated, posted or provided such User Content. MAINGEAR has no responsibility or obligation with respect to such User Content and cannot determine whether such User Content is accurate or appropriate for any particular use or other user. By posting or providing any User Content, you represent and warrant that such User Content is accurate, complete, timely, and in compliance with these Terms, and all applicable laws, rules and regulations, and not in violation of the rights of any third-party or person.
Anyone using, accessing or providing any User Content acknowledges and agrees that doing so is at your sole risk, and that you will be liable and responsible for any and all loss, harm or damage as a direct or indirect result of posting, providing, accessing or using any User Content to the fullest extent permitted by law. MAINGEAR makes no representations, warranties, assurances or guarantees of any kind with respect to any Content or User Content that you post, provide, access or use by or through the Website.
As between MAINGEAR and you, you represent that you own (or have all rights necessary to grant MAINGEAR the rights below to) all User Content that you post, provide or submit to or through the Site, and that MAINGEAR will not need to obtain licenses from any third party or pay royalties to any third-party to use in any way such User Content. By posting, providing or otherwise making available any User Content through the Site, you hereby expressly grant MAINGEAR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable (by or at the direction of MAINGEAR), royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through any media now known or later created or used), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. By posting, providing or otherwise making available any User Content through the Site, you waive all “moral rights” or rights of privacy or publicity in your User Content. Unless otherwise noted or unless other options are made available through the Site, you further grant all users of the Site permission to view your User Content for their personal, non-commercial purposes.
Any suggestions, recommendations or advice you provide to MAINGEAR about any or all aspects of the Site shall belong exclusively to MAINGEAR and under no circumstances, including in the event MAINGEAR adopts any or all of your suggestions, or recommendations into any of its Products or the Site, shall you be entitled to any compensation or consideration of any kind. To the extent you provide any feedback, product reviews, reviews of the Products or Site, or provide testimonials of any kind, you shall not be entitled to any compensation or consideration of any kind in connection therewith, and you hereby grant MAINGEAR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable (by or at the direction of MAINGEAR) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through any media now known or later created or used), edit, modify, and make derivative works from same with or without any notice.
You may be able to remove your User Content from the Site by specifically deleting it. However, doing so will not void or eliminate the license you have granted to MAINGEAR herein in connection with such User Content. In addition, it is possible that if you have communicated with other users with respect to your User Content, such users may still have access to such User Content. MAINGEAR is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
MAINGEAR shall have no liability or responsibility to you or anyone else in connection with any User Content, and while MAINGEAR reserves the complete right to remove any User Content for any reason or no reason at all, it shall have no obligation to do so at any time or for any reason.
SECTION 10 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, testimonials, photos, images, plans, or other materials, whether online, by email, by postal mail, chat or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us, including any photos containing your name or likeness, trademarks, copyrighted materials, or other intellectual property owned or licensed by you or a third party under your control and you grant us the license set forth in Section 9 hereof. With respect to these Comments, we have no obligation to (1) maintain any Comments in confidence; (2) pay compensation or provide any consideration of any kind to you for any Comments; or (3) respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, right of publicity, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, or harm or damage any third-party, third-party property, or third-party rights. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments, content, feedback, materials, inquiries, or submissions. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
SECTION 13 – PROHIBITED USES AND MAINGEAR’S RIGHTS
The Site and Products are intended solely for personal, and non-commercial use. EXCEPT AS EXPRESSLY AGREED UPON IN A SEPARATE WRITTEN AGREEMENT SIGNED BY MAINGEAR AND YOU, YOU MAY NOT USE OUR PRODUCTS OR ANY OF THE MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ALL IMAGES ON THE WEBSITE, TO RESELL, OR MARKET OR ADVERTISE FOR RESALE, OUR PRODUCTS TO ANY PERSON(S) THROUGH ANY OTHER WEBSITE, INCLUDING A PERSONAL WEBSITE OR AUCTION WEBSITE (E.G., THROUGH EBAY). In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site, Products, or content provided thereon or obtained therefrom:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) post, provide or submit any pornographic, harassing, or indecent images, words, language, displays or content of any kind, regardless of the format (visual, verbal or written);
(d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(g) to submit false or misleading information;
(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of the Site, or the Internet.
You may not use, display, mirror or frame the Products, any images on the Site, or the MAINGEAR name, logo, trademark or proprietary information, or the look, feel, layout or design of the Site while using the Products or otherwise.
You may not pretend to be someone you are not (i.e., another user or person) while using the Site, though you may do so anonymously to the extent the ability to do so is made available.
You may not use or re-use for commercial purposes or for any other purpose not expressly permitted herein, nor alter, replicate, distribute, store, or create derivatives of or from any Content available on or through, or generated from, the Products or Site, including but not limited to all images on the Site.
We reserve the right to terminate your use of the Site for violating any of the prohibited uses. You agree not to reproduce, duplicate, copy, sell, reverse-engineer, modify, improve, resell or exploit any portion of the Site or Products, or any personal or MAINGEAR contact listed on the Site, without express written permission by us in each such instance. You may not use the Site or these Terms for research, development, or due diligence purposes with respect to any venture, business, or commercial purpose competitive with us. If you violate the restrictions set forth in the two preceding sentences, you agree to pay all costs and expenses (including reasonable attorneys’ fees and costs) incurred by us in seeking injunctive relief against you, any damages or losses, and any and all proceeds or valuable consideration received by you or a third-party, resulting from your breach of such restrictions. In addition, we reserve the right to terminate your use of any or all Site as a result of such breach.
Although MAINGEAR is not obligated, and expressly has not agreed to, to monitor access to or use of the Site or to review or edit any User Content, MAINGEAR has the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Site. You have no expectation of privacy in any User Content or any Content you post, provide or submit on or through the Site. MAINGEAR reserves the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if MAINGEAR, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms or in response to a complaint by another user of the Site. We have the right to investigate violations of these Terms or conduct that affects the Site, Products or MAINGEAR. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
SECTION 14 – INTERACTIONS WITH OTHER USERS
Through the Site, you may have the ability to voluntarily interact with other users, MAINGEAR personnel or individuals. When doing so, you are required to use common sense and to be responsible for your own property and safety, and to not disclose or allow to be disclosed any images, information, or materials which you do not want to disclose or to be seen or heard by others or MAINGEAR. MAINGEAR assumes no responsibility to you or others for the Content disclosed by you and other MAINGEAR users through the Site, or otherwise. Therefore, you agree that MAINGEAR is not responsible for, and shall have no liability, for any loss, damage, injury or other harm of any kind to you or as a result of your interaction with any other MAINGEAR user or third party. Additionally, MAINGEAR is not responsible for, and shall no liability, for any loss, damage, injury or other harm of any kind to you as a result of your use of any of the Products, or features of the Site.
SECTION 15 – INTELLECTUAL PROPERTY
MAINGEAR owns any and all intellectual property rights relating to MAINGEAR brands, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logos, insignia, business identifier, and other text and graphics that has or provides the “look and feel” of the Site’s brand image, as well as all of the content, including the text, graphics, programming, photographs, video and audio contained on the Site (the “Intellectual Property”). MAINGEAR’S Intellectual Property includes without limitation, the MAINGEAR logo, MG, the MG logo, EpheX, the EpheX logo, X-Cube, the X-cube logo, Prelude, F131, Beast, X-Book Gio, X-Book Liberty, Redline Technology, and the Redline Technology logo. Your use of the Site does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein, unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. These limitations include copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of its respective owner, as indicated, and may only be used as permitted.
Procedure for Making and Responding to Claims of Copyright Infringement.
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to MAINGEAR’s designated agent (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify us by contacting the Designated Agent.
To give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address or telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at:
4 Powder Horn Drive,
Warren, New Jersey 07059
Attn: Designated Copyright Agent
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that this material has removed or had access disabled. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on the Site. Should that occur, you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a U.S. federal court.
Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by the misrepresentation as a result of reliance upon the misrepresentation by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure, defect, or error-free. We do not warrant that the results that may be obtained from the use of the Site and Products will be accurate, complete, available, or reliable. You agree that from time to time we may remove portions of the Site, including Products for indefinite periods of time or cancel the Products at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site, Products and interaction with any other user or person through the Site is at your sole risk. The Products are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your personal use, without any representations, warranties or conditions of any kind and we hereby disclaim any and all representations, warranties, and conditions, either express or implied, including without limitation all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular use or purpose, durability, title, and non-infringement.
In no event shall MAINGEAR, our members, managers, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any third-party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products, or for any other claim related in any way to your use of the Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Products, content, or product posted, transmitted, sold, offered, delivered, or otherwise made available via the Site, even if you foresee or are advised in advance of the possibility such damages or liabilities may arise. Because some states or jurisdictions do not allow the exclusion, disclaimer, or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 17 – PRODUCT WARRANTIES
We want you to be satisfied with your purchase. If for any reason you are not pleased with a Product you purchased on the Site, simply return the item in accordance with our Return Policy available in Section 24. THE LIMITED PRODUCT WARRANTY APPLICABLE TO MAINGEAR-BRANDED PRODUCTS MAY BE VIEWED ONLINE AT THE FOLLOWING URL: https://maingear.com/warranty-return-policy/. The standard warranty stated in the foregoing sentence also applies to MAINGEAR-branded products shipped to a country outside of the United States, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to MAINGEAR. All international customers are responsible for all customs duties, VAT and other associated taxes and charges.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MAINGEAR, and our parent, subsidiaries, affiliates, partners, officers, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, damages, awards, judgments, fines, penalties, interest, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) incurred by us and/or any of the foregoing indemnitees in connection, and together, with any and all claims, causes of actions, demands, administrative actions, proceedings, and investigations brought or asserted by any third-party due to or arising out of your (i) breach of these Terms or the documents they incorporate by reference; (ii) violation of any applicable law; (iii) infringement or violation of any intellectual property or other rights of a third-party; (iv) negligence or willful misconduct; and/or (v) acts or omissions relating to your use of any Products that result in personal injury, death, or damage to property, except to the extent such injury is due to MAINGEAR’s gross negligence or willful misconduct.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. If such provision cannot be enforced to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to access our Site, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site, including our Products (or any part thereof).
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Products constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements we provide you in connection with our Products shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America and as applicable to arbitration under Section 23 hereof, the US Federal Arbitration Act, without regard to conflicts of laws principles.
SECTION 23 – BINDING ARBITRATION AND WAIVER OF CLASS ACTION – IMPORTANT
By using the Products and/or the Site, you agree that any dispute, claim or controversy of any kind arising out of, under or related in any way to any of the Products, the Site, these Terms or any relationship or alleged relationship between you and MAINGEAR, including the breach, termination, enforcement, interpretation or validity thereof (including this Arbitration provision) (each a “Dispute”) shall be resolved solely and exclusively through binding, individual arbitration, and not through joinder, class action, or any representative or other proceeding.
The sole exception to the obligation to arbitrate any Dispute is that you and MAINGEAR reserve the right to seek injunctive or equitable relief in connection with any party’s infringement or misappropriation of any intellectual property or intellectual property rights granted herein exclusively in the courts of the State of New Jersey. In connection therewith, you and MAINGEAR hereby expressly waive any objection to such jurisdiction and venue on any basis, including that the forum is inconvenient or that you or MAINGEAR is not otherwise subject to such jurisdiction.
To the extent required by any applicable law for the enforcement of this Arbitration provision, you may opt out of this mandatory Arbitration provision by providing explicit written notice, including the term “Arbitration Opt-Out” in the subject line, to MAINGEAR at email@example.com within thirty (30) days of your purchase of your MAINGEAR Products, or with respect to any disputes involving the Website, within thirty (30) days of your initial visit to the Website. By opting out of mandatory Arbitration, you are not waiving or opting out of the mandatory jurisdiction and venue provisions of these Terms.
You agree that before initiating Arbitration as required herein, you shall first attempt in good faith to negotiate and informal or formal resolution of your Dispute through a written notice (the “Dispute Notice” to MAINGEAR at firstname.lastname@example.org. The Dispute Notice must identify the nature of the Dispute, the relief you seek, and any other facts you deem relevant to the Dispute. If the parties are unable to resolve your Dispute within thirty (30) days, you may then file an Arbitration demand pursuant to the terms and conditions set forth herein.
If you have not opted out of Arbitration, and if the Dispute has not been resolved within thirty (30) days of MAINGEAR’s receipt of the Dispute Notice for purposes of Disputes you seek to have resolved, either party may submit the Dispute (as the sole mechanism for formal Dispute resolution) to the American Arbitration Association for binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA Rules”). The Arbitration shall be heard and determined by a single arbitrator. You agree that any such Arbitration shall take place solely in the State of New Jersey, County of Union. The arbitrator’s decision in any such Arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the Arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the Arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the Arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You hereby waive your right to act as a class representative or private attorney general, and to participate as a member of a class of claimants, with respect to any Dispute. Disputes may not be arbitrated or litigated on a class or representative basis. The arbitrator can decide only your individual Dispute. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This section will survive the termination of your relationship with MAINGEAR.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MAINGEAR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
In the event we prevail in any dispute with you relating to the activities between you and us governed by this Agreement, you shall reimburse us for all reasonable attorneys’ fees, experts’ and professionals’ fees, costs, and expenses incurred by us in connection with such dispute.
SECTION 24 – RETURN AND CANCELLATION POLICIES
You may return MAINGEAR-branded products purchased directly from MAINGEAR in accordance with MAINGEAR’s Return and Cancellation Policy, which may be viewed at the following URL: https://maingear.com/warranty-return-policy/. Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
SECTION 25 – U.S. GOVERNMENT RESTRICTED RIGHTS; EXPORT
You must not use or export the Materials in violation of U.S. export laws and regulations. If any Products are being licensed by the U.S. Government, the applicable Products and related documentation are commercial computer software and documentation developed exclusively at private expense, and (a) if acquired by or on behalf of a civilian agency, shall be subject to the terms of this computer software license as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the Department of Defense (“DOD”) shall be subject to the terms of this commercial computer software license as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors. Use of the Products by the Government constitutes acknowledgment of MAINGEAR’s proprietary rights in them.
You acknowledge that the purchased goods licensed or sold under these Terms, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to these Terms may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of MAINGEAR. MAINGEAR has not tested Products for use in high-risk activities including any life sustaining, chemical, or mission critical use. MAINGEAR WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH-RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
SECTION 26 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at https://maingear.com/terms-conditions/. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site or the purchase of any Products following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 27- CONTACT INFORMATION AND NOTICES
Questions about the Terms of Service should be sent to us at:
4 Powder Horn Drive,
Warren, New Jersey 07059
Copyright © 2022 MAINGEAR, Inc. All rights reserved. MAINGEAR Inc., 4 Powder Horn Drive, Warren, NJ 07059 USA.