Thank you for visiting our website. The terms and conditions of use agreement (the “Agreement”) that applies to your access to and/or your use of this Website (and information, products and services available through this Website), and any communication between you and New Gear Finder, LLC and/or New Bike Finder and/or our applicable business divisions and/or our affiliates (collectively, the “Company,” “we,” “us,” “our”) or User Content that you submit to us, is listed below.
- (1) By using this website, you acknowledge that you have read this Agreement and that you accept the terms and conditions set forth herein, which form a legally binding agreement between you and us. If you do not agree to these terms and conditions, you may not access or otherwise use this website.
- (3) You must be at least 18 years old to use this, or any of our websites. We do not knowingly collect, use, or disclose personal information about visitors under 18 years of age. If you are under 18 years of age, you can use the services offered on our website only in conjunction with your parents or guardian.
- (4) New Gear Finder websites, including its operation, interface and contents, are covered by United States copyright laws, international conventions, and other copyright laws and may not be reproduced duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of New Gear Finder LLC.
- (5) We grant you the limited, revocable, and nonexclusive right and license to access or download a single copy of the content from this website solely for your personal and non-commercial use.
- (6) We grant you the limited, revocable, and nonexclusive right to create a hyperlink to any page of this website as long as the link does not portray the Company, and/or other partners and their services in a false, misleading, derogatory, or otherwise offensive or damaging manner.
- (7) New Gear Finder may monitor the use of its websites and may freely use and disclose any information and materials collected through your use of the website for any lawful purpose or reason.
- (8) By contributing or submitting any content to the Website, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner and you grant us a worldwide, perpetual, irrevocable, unrestricted, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium, or technology, and you also grant us the right to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you.
- (9) New Gear Finder reserves the right to change, condense, or delete any content on the website that we deem, at our sole discretion, violates the content guidelines or any provision of this Agreement.
- (10) We cannot guarantee continuous, uninterrupted, or secure access to our website and/or services. Operation of our website may be interfered with by numerous factors outside or within our control.
- (11) New Gear Finder does not guarantee that product descriptions, pricing, specifications, or any other content on this Website, regardless of the source, is accurate, complete, reliable, current, or error-free. All content is provided for informational purposes only and New Gear Finder does not endorse any product, merchant, seller, service, or any reviews or comments, regardless of the source. We assume no liability for inaccuracy or incompleteness in search results, editorial content, or other content on the site.
- (13) YOU EXPRESSELY AGREE THAT YOUR USE OF THIS WEBSITE AND RELIANCE UPON ITS CONTENT IS AT YOUR OWN RISK. NEW GEAR FINDER, LLC, ITS AFFILIATES AND/OR PARTNERS DO NOT MAKE ANY REPRESENTATION OR WARRANITES OF ANY KIND REGARDING THIS WEBSITE. THE CONTENT, THE MATERIALS, AND ALL OTHER INFORMATION THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEW GEAR FINDER, OUR OWNERS AND/OR AFFILIATES AND/OR PARTNERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (14) NEITHER NEW GEAR FINDER, OUR OWNERS, AFFILIATES, OR PARTNERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACY, OMISSIONS, OR OTHER DEFECTS IN THE INFORATION CONTAINED WITHIN THIS WEBSITE. IN NO EVENT SHALL NEW GEAR FINDER, OUR OWNERS, AFFILIATES, OR PARTNERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOU ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR OUR USE OF ANY USER CONTENT THAT IS SUBMITTED TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL NEW GEAR FINDER, OUR OWNERS, AFFILIATES, OR PARTNERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUESNTIALM PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- (15) Because some jurisdictions may not allow the foregoing disclaimer of implied warranties and/or the exclusion or limitation of liability, these disclaimers may not apply to you.
- (16) New Gear Finder disclaims any responsibility for the content of any third party materials provided through or on its Website or services (“Third Party Content”). It is our policy to respond to notices of alleged intellectual property infringement regarding “Third Party Content.” We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
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- (17) Use of this website for spamming is strictly prohibited.
- (18) If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, invalid, or void, that provision shall be struck and the remainder of the Agreement shall continue in full force and effect.
- (19) Failure to enforce these terms and conditions by New Gear Finder will not be deemed a waiver of future enforcement of those or any other terms and conditions of this Agreement.