If You are using the Services on behalf of an Organization, You are agreeing to this Agreement for that Organization and promising to Go Gear Direct that You have the authority to bind that Organization to this Agreement (in which event, "You" and "Your" will refer to that Organization) unless that Organization has a separate paid contract in effect with Go Gear Direct, in which event the terms of that contract will govern Your use of the Services.
“Customer” means You, Your, or Organization.
“Customer, You, or YourData” mean the structured data and any files or attachments submitted to the Service by You, or an Organization, as well as the account and contact information submitted to the Service by You, or an Organization.
“End Users” means individuals accessing the Go Gear Direct service on behalf of You, or an Organization.
“Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights.
“Media” includes but is not limited to users’ pictures, videos, and other multimedia.
“Organization” means any entity besides an individual, including, but not limited to a corporation, a non-profit, or a government entity.
“Go Gear Direct”, “We”, “Our”, “Us” means Go Gear Direct, LLC.
“Services” means the Go Gear Direct Service, platform and products including applications, mobile, Website, Websites or other properties owned or operated by Go Gear Direct or by registering for a Go Gear Direct account
“Website” means the Go Gear Direct website found at GoGearDirect.com.
“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Website and backup copies thereof.
“Use” or “Using” means to download, install, activate, access or otherwise use the Website.
“You” and “Your” means the individual or legal entity licensing the Website under this Agreement.
License and Restrictions.
Acceptance of Terms.
By clicking “I Agree” and/or Using the Service, You agree to be bound by the terms of the Agreement. If You are entering into this Agreement on behalf of an Organization, You represent that You have authority to bind that entity. If You do not have such authority or You do not agree to the terms of the Agreement, neither You nor the entity may Use the Service.
What You Can Do With Our Site.
What You Agree To.
You Agree to Follow the Rules.
Customer, if an Organization, shall be responsible for use of the Service by its End Users and for their compliance with Go Gear Direct’s User Terms of Service. Customer is also responsible for providing any notice and obtaining any consents and authorizations necessary: (i) to allow the Administrator to access, monitor, use, and disclose the content posted by the End Users on the Service; and (ii) to allow Go Gear Direct to provide the Administrator with access to such End User content. The Service is not authorized for use by persons under the age of 13 and Customer will ensure that it does not allow any person under 13 to use the Service. Customer will promptly notify Go Gear Direct if it becomes aware of any unauthorized access to Customer’s account or the Service.
Customer shall not use the Service for any purpose where either the use or the failure of the Service might lead to personal injury, death or physical damage.
Intellectual Property Rights.
Limited License to Use Your Content. You hereby grants to Go Gear Direct a limited, nonexclusive and nontransferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display the Customer Data for the limited purpose of (i) providing the Service and associated customer support to Customer; (ii) displaying the Customer Data to the End Users; and (iii) analyzing and improving the Service.
- Reservation of Rights. Except as expressly set forth herein, this Agreement does not (i) grant Go Gear Direct any rights or interest in or to the Customer Data or any Customer Intellectual Property; or (ii) grant Customer any rights or interest in or to the Service or any Go Gear Direct Intellectual Property.
- Use of Customer Suggestions. Go Gear Direct may incorporate into the Service any suggestions or feedback received from Customer without any obligation to Customer and any such modifications to the Service shall be the sole and exclusive property of Go Gear Direct. Go Gear Direct may also share and publish aggregate, anonymized data about the use of our Service by our customers.
Term and Termination.
This Agreement will remain in effect until Customer terminates by stopping using Our Website and Service.
Property Rights and Prohibitions
Go Gear Direct or its licensors retain ownership of all Intellectual Property rights in and to the Website, and Service including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Service is limited to those expressly granted by this Agreement. No other rights with respect to the Website or any related intellectual property rights are granted or implied.
You agree that the Website and all associated trade secrets, including but not limited to, its configurations, architecture, communications and performance benchmarks, are the exclusive property of Go Gear Direct. You agree not to disclose, disseminate, transmit via any medium whatsoever any associated trade secrets to any third party without Go Gear Direct’s prior written consent.
Acceptable Use of the Service.
Disruption of the Service.
You shall not:
- access, tamper with, or use non-public areas of the Service, Go Gear Direct’s computer systems, or the technical delivery systems of Go Gear Direct’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search the Service by any means other than Go Gear Direct’s publicly supported interfaces (for example, “scraping”);
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time)
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Misuse of the Service.
You may not utilize the Service to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
- the publishing or posting other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
- the sending unsolicited communications, promotions advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- promotion or advertisement of products or services other than your own without appropriate authorization.
Content Standards Within the Service.
You may not post any Content on the Service that:
- violates of any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations of this Acceptable Use Policy.
In addition to any other remedies that may be available to Us, Go Gear Direct reserves the right to immediately suspend or terminate Your account or your access to the Service upon notice and without liability for Go Gear Direct should You fail to abide by this Acceptable Use Policy. If You are a user of the Service under your employer or Organization’s account, Go Gear Direct reserves the right to notify Your employer or Organization of any violations of this Acceptable Use Policy.
Go Gear Direct may amend or modify this Acceptable Use Policy from time to time in its sole and reasonable discretion. We will post any such changes on our website. If You object to any such change(s), your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such changes shall constitute your acknowledgement and acceptance of such changes.
Law Enforcement Data Request Guidelines.
U.S. Legal Process Requirements.
We disclose user information solely in accordance with our published Terms of Service and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 17 U.S.C. Sections 2701-2712. In accordance with U.S. law:
- A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.
- A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.
- A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.
International Legal Requirements.
In the case of requests from law enforcement outside of the U.S., a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of an account.
Account Preservation Requests.
We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of 90 days pending our receipt of a formal legal request for user data. You may request the preservation of records via email, fax or mail as indicated below.
How We Protect You.
Your Contact Information.
- Requesting Agency’s name
- Requesting Agent’s name
- Requesting Agent’s badge/identification number
- Requesting Agent’s Agency-issued Email address
- Requesting Agent’s telephone number, including extension
- Requesting Agent’s mailing address (PO Box not acceptable)
- Requested response date (please allow at least 3 weeks for processing)
Data Request Information.
- Full (first and last) name of the Go Gear Direct User
- Email address(es) associated with the User’s account
- A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests)
- Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve.
- User Notification. Go Gear Direct’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless: (a) we are prohibited from doing so by law or court order; (b) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (c) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that Officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Terms of Service we may, in order to protect our service and its Users, take action to prevent any further abuse, including actions that could notify the User(s) who are the subject of your data request that we are aware of their misconduct.
- Submitting Your Request. A data request may be served by by certified mail, express courier, or in person at our corporate headquarters at the following address: Go Gear Direct, LLC., ¬175 Dolphin Road, Bristol, CT 06010.
Modification and Termination.
Modification of Services.
Go Gear Direct reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Go Gear Direct shall not be liable to You or any third party for any modification, suspension or discontinuance of the Services.
We hope this never happens, but we can close your account at any time and you can close your account at anytime.
Termination of Your account may also include, at Go Gear Direct’s sole discretion, the deletion of Your account and/or User Content.
Protecting Your copyrighted information is very important to Us. If You think any of Your copyrighted information is being used incorrectly or without Your permission then read below about how to handle it.
Digital Milennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent at [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Go Gear Direct customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Go Gear Direct may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Go Gear Direct's sole discretion.
Account Termination Policy.
- Go Gear Direct will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Go Gear Direct reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Go Gear Direct may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party to enforce the covenants contained in this Agreement or obtain any other remedy in respect of any breach of this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
Each of the parties hereto shall, and shall cause their respective Affiliates to, execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be required to carry out the provisions hereof and give effect to the transactions contemplated hereby.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile [or email] (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
This Agreement and all related exhibits and schedules, constitutes the sole and entire Agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, Agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement, and the related exhibits and schedules other than an exception expressly set forth as such in the schedules, the statements in the body of this Agreement shall control.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Only Go Gear Direct may assign any of its rights hereunder with written notice given to the Licensee. Any purported assignment in violation of this Section shall be null and void. No assignment shall relieve the assigning party of any of its obligations hereunder.
All remedies shall be cumulative and not alternative and in addition to all other rights and remedies available in law and in equity.
Disclaimer of Warranties and Limitation of Liability.
The services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the services are provided by amazon on an "As is" and "As available" basis, unless otherwise specified in writing. Go gear direct makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the services, unless otherwise specified in writing. You expressly agree that your use of the services is at your sole risk.
To the full extent permissible by law, go gear direct disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Go gear direct does not warrant that the services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the services or electronic communications sent from go gear direct are free of viruses or other harmful components. To the full extent permissible by law, go gear direct will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Mandatory Arbitration and Class Action Waiver.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
You and Go Gear Direct agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 9.10 is intended to be interpreted broadly and governs any and all disputes between Us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution.
Most disputes can be resolved without resort to arbitration. If You have any dispute with us, You agree that before taking any formal action, You will contact us at [email protected] and provide a brief, written description of the dispute and Your contact information (including Your username, if Your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Go Gear Direct, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 9.10(g) below) subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including this Agreement’s formation, performance, and breach), the parties’ relationship with each other, and/or Your use of Go Gear Direct shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The AAA rules will govern payment of all arbitration fees. Go Gear Direct will pay all arbitration fees for claims less than $5,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Go Gear Direct will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of this Agreement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand.
To start an arbitration, You must do the following: (i) Write a Demand for Arbitration (“Demand”) that (A) briefly explains the dispute, (B) lists Your and Go Gear Direct’s names and addresses, (C) specify the amount of money in dispute, if applicable, and (D) state what You want in the dispute; (ii) Send one copy of the Demand to the AAA, along with a copy of this Agreement and the filing fee required by the AAA; and (iii) Send one copy of the Demand for Arbitration to us at [email protected].
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration shall take place in the District of Connecticut located in Hartford, Connecticut, and you and Go Gear Direct agree to submit to the personal jurisdiction of any federal or state court in the City of Bristol, Connecticut, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver.
The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and go gear direct agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in Bristol, Connecticut for disputes or claims within the scope of that court’s jurisdiction.
Changes to This Section.
Go Gear Direct will provide thirty (30) days’ notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.
Upon expiration or termination of these terms, any perpetual licenses You have granted, Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and Mandatory Arbitration and Class Action Waiver provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Website may cease to operate without prior notice.
Damages and Remedies.
You acknowledge that your breach of this Agreement may cause irreparable harm to Go Gear Direct, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Go Gear Direct may be legally entitled, Go Gear Direct shall have the right to seek immediate injunctive relief in the event of a breach of this Agreement by You or any of Your officers, employees, consultants or other agents. You agree in any event, our aggregate liability will not exceed the amount paid for the product or service to which the claim relates or, if the claim does not relate to a product or service, $100.