July 28, 2020
Welcome to GearLaunch.com (“Website”). GearLaunch, Inc. (“Company”) offers customized white labeled websites and end-to-end ecommerce solutions (“Services”). The following Terms of Service (“Terms”) will govern your use of the Website and GearLaunch’s Services. You understand that by using the Website and Services, you have agreed to these Terms.
GearLaunch is the owner (or licensee) of the GearLaunch trademark and other trademarks made available through the Website, including logos, color choices, pattern, design patterns and design trademarks. You understand and agree that GearLaunch (and its licensors) owns all right, title and interest in and to the GearLaunch Website and Services. You agree not to use GearLaunch’s trade name, trademark, service mark, logo, branding features, or domain name without GearLaunch’s express written consent in each individual instance.
You agree to not use GearLaunch’s Services to create any material that is unlawful, threatening, tortious, abusive, harassing, defamatory, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other third party proprietary rights. Your violation of this or any other provisions of these Terms may result in the suspension or termination of your GearLaunch account.
You further agree not to reproduce, duplicate, sell or resell or otherwise exploit any part of the Service, use of the Website or Service, or access to the Website or Service without GearLaunch’s express written permission.
Finally, you will comply with the laws applicable to your use of the Service, including, without limitation, the laws in the jurisdiction where you reside, the laws applicable to your customers or end-users, California law and the Federal laws of the United States.
You grant GearLaunch a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to reproduce, modify and distribute any content (“Content”) you post on the Website or through the Services solely to enable us to perform the Services under these Terms of Service.
The Website and Services may include links to third-party websites. You agree that GearLaunch is not responsible for any loss you experience as a result of using third-party websites or for unlawful or objectionable content on any third party website.
You confirm that you are at least 18 years of age. If you are under 18, please refrain from using the Website or the Services until you reach the age of 18.
You are responsible for keeping your password secure. GearLaunch cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Any claim or dispute between you and GearLaunch connected to these Terms of Service, the Website or the Services will be resolved exclusively by final and binding arbitration conducted in San Francisco, California, by the American Arbitration Association (the “AAA”) pursuant to the AAA rules and procedures. One arbitrator will be appointed pursuant to the AAA Rules and will apply California law. If this arbitration clause is rendered invalid, then any claim or dispute between you and GearLaunch connected to these Terms of Service will be governed by California law without regard to its conflict of law provisions and you and GearLaunch agree to submit to the exclusive jurisdiction of the State and Federal courts located within the County of San Francisco, California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded..
THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GEARLAUNCH (OR ITS LICENSORS, AGENTS, PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GEARLAUNCH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Service may change from time to time. Please reread these Terms of Service each time you visit our Website or use our Services. Your continued use of the Services after the modified Terms of Service are posted to the Website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any modifications to the Terms of Service, do not continue to use the Service.