These terms and conditions (this "Agreement") govern GearID products and services, which are brought to you by GearID, LLC (collectively "we," "us," "our," "ours"). Purchase or use of any GearID product or service at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement.
Memberships are non-transferable. A Member number may only be associated with one GearID account.
Activation of the GearTag application on an iPhone or iPod Touch consitutes Basic Membership in the Service, with all associated benefits and obligations.
To aid in the even of item recovery, we expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by (i) updating Member profile data through an authenticated www.geartag.com account.
Membership results from the registration of the GearID application on an iPhone, Android or other mobile device. We may change the License Fee at any time, but changes will apply only to new downloads. License fees are not refundable.
From time to time, additional content and functionality may be offered by GearID, LLC to users of GearID products and services.
The initial term of a Membership shall commence on the date the GearID application is registered.
(a) You have the right to cancel your Membership at any time. Any membership fees are not refundable. No refunds will be available.
(c) You can cancel your Membership by contacting us via email at firstname.lastname@example.org.
(d) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.
(e) We may terminate any or all of the benefits available under the GearTag Service at any time with or without notice. In the event of our termination of this program, at our election we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
(h) We may terminate any or all of the benefits available under the GearTag Service at any time with or without notice.
USE OF THE GEARTAG SERVICE AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GearID, LLC AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE GEARTAG SERVICE WILL MEET YOUR REQUIREMENTS, (ii) GEARTAG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE GEARTAG SERVICE WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GEARTAG SERVICE OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE GEARTAG SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE GEARTAG SERVICE DATA; OR (iv) ANY OTHER MATTER RELATING TO THE GEARTAG SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the GearTag Service shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude GearID, LLC from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Service with respect to the GearTag Service and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the GearTag Service is deemed to have accepted the terms and conditions of this Agreement.
We may change the terms of this Agreement at any time by posting a revised Agreement on this website. We may also notify Members of such change in writing either by regular mail or via email to the email address in the Member's account. Any change shall take effect immediately, unless otherwise provided.