Terms & Conditions

At SafetyGear Corporation we will do everything we can to protect your privacy and safeguard the information you provide while on our site.

General

SafetyGear Corporation and, its subsidiaries and affiliates (collectively "SafetyGear Corporation") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your consent to be bound by the Agreement, and your acknowledgment of, and agreement to, its terms.

Services

The Services include all aspects of SafetyGear Corporation. The Services may also be located on third-party websites and/or applications. The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information. SafetyGear Corporation uses reasonable efforts to ensure the availability of the information and content, including links that it makes available through the Services. SafetyGear Corporation does not control (i) the quality, safety or legality of items available through or on its advertisers' websites or websites of third parties not owned by SafetyGear Corporation, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their websites or links to those websites. SafetyGear Corporation is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. SafetyGear Corporation does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, SafetyGear Corporation is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release SafetyGear Corporation (and SafetyGear Corporation's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Only Personal Use is Authorized

Under this Agreement, SafetyGear Corporation gives you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without SafetyGear Corporation's express permission. The technology underlying, and content within, the Services is owned by SafetyGear Corporation and/or its licensors (including SafetyGear Corporation's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and SafetyGear Corporation, SafetyGear Corporation owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. SAFETYGEAR CORPORATION DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SafetyGear Corporation Limited Liability

NEITHER SAFETYGEAR CORPORATION NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OUR SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. SAFETYGEAR CORPORATION WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY IN SPECIFIC LOCATIONS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR AN EXCLUSIVE REMEDY. SafetyGear Corporation is not responsible for the accuracy of associated company's information including any changes in or discontinuance of services and/or products, nor any intellectual property infringement made by any party. SafetyGear Corporation is not responsible for changes in the services and/or products offered by affiliated companies. In no event shall SafetyGear Corporation's liability, either jointly or severally, exceed $1.

Copyright Disputes

In notifying SafetyGear Corporation of alleged copyright infringement, you must include the following information:

 

  • A description of the copyrighted work that is the subject of claimed infringement.
  • A description of the infringing material and information sufficient to permit SafetyGear Corporation to locate the alleged material.
  • Contact information for you, including your address, telephone number and/or email address.
  • A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law.
  • A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.

Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/. SafetyGear Corporation does not arbitrate or resolve trademark disputes among SafetyGear Corporation advertisers or between those advertisers and third parties. However, SafetyGear Corporation will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. SafetyGear Corporation occasionally receives requests to remove listings from within the Services. SafetyGear Corporation reserves the right to address such requests on a case-by-case basis.

Objectionable Material

SafetyGear Corporation encourages you to use discretion when browsing the Internet or using our services as the Internet may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services. If you discover any site that you believe contains child pornography or other illegal material, Contact Us [LINK] and we will contact the authorities as appropriate.

Privacy and Data Collection

SafetyGear Corporation information practices are described in its privacy policy. SafetyGear Corporation privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with SafetyGear Corporation (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to SafetyGear Corporation (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that SafetyGear Corporation will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services

SafetyGear Corporation reserves the right to change any information including pricing, features and functions of the Services without prior notice. SafetyGear Corporation may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that SafetyGear Corporation determines, in its sole discretion, violate this Agreement, the rights of SafetyGear Corporation or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. SafetyGear Corporation failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the geographical area of SafetyGear Corporation's owner. And judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SafetyGear Corporation may seek any interim or preliminary relief from a court of competent jurisdiction in geographical area of SafetyGear Corporation's owner as necessary to protect the rights or property of you or SafetyGear Corporation

Amendment

SafetyGear Corporation may amend this Agreement at any time by posting the amended terms on its website. Except as stated below, all amended terms are automatically effective upon posting. This Agreement may not be otherwise amended except in a written document signed by you and SafetyGear Corporation.



TERMS OF USE AGREEMENT

 

BY USING THIS WEBSITE YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS AGREEMENT. INFORMATION ON THIS WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGHOUT THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT  LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Company may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

 

Any comments or materials sent to SafetyGear Corporation (the “Company”) including feedback data, such as questions, comments, suggestions, or the like  regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. Company shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

 

Information Company publishes on the World Wide Web may contain references or cross references to Company products, programs and services that are not announced or available in your country. Such references do not imply that Company intends to announce such products, programs or services in your country. Consult your local Company business contact for information regarding the products, programs and services which may be available to you.

 

Company makes no representations whatsoever about any other web site, which you may access through this one. When you access a non-Company web site, please understand that it is independent from Company, and that Company has no control over the content on that web site. In addition, a link to a non-Company web site does not mean that Company endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

 

IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of the Company and protected by U.S. and international copyright laws. Any software used on this site is the property of the Company or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

 

In addition to the foregoing, you are subject to the following guidelines particular to conduct on the Internet to help you avoid infringement of the Company's copyrights and trademarks rights.  This policy, in addition to all other trademark and copyright policies of the Company, is subject to change at any time and without notice. 

 

One of the most powerful features of the Internet is the ability to use hyperlinks or deeplinks to connect Web pages.  A hyperlink allows an end user to locate relevant information quickly by being connected to a different Web page or Website simply by clicking on the hyperlink.  A deeplink is a special form of hyperlink that bypasses the homepage of another Website and brings an end user directly to an interior page.  The following rules apply when you create and use a hyperlink or deeplink to a Company Web page:

 

•  All links to the Company homepage or interior pages must appear as hypertext, without the use of any Company logos.

 

•  When creating a hyperlink to the Company homepage, you must clearly indicate that the end user will be exiting your Website and entering the Company homepage.

 

•  Deeplinking to an interior page on the Company Website is only permitted when required to provide information about products, programs, or technologies of the Company.  You must also clearly indicate that the end user will exit your Website and enter a Company Website.

 

•  Do not use a hyperlink or deeplink to present work created by the Company as your own.

 

•  Do not use a hyperlink or deeplink in a manner that may cause confusion or imply that you are affiliated with or sponsored or endorsed by the Company.

 

•  Do not use a hyperlink or deeplink to defame, disparage, or harm the reputation of the Company, its employees, partners, vendors, or other related companies.

 

Framing is an alternative form of linking that allows an end user to view a linked Web page within a "frame" in the original Website.  Since framing confuses and misleads the public as to the origin of the framed content, it is the policy of the Company to prohibit others from framing any content created by the Company.

 

A meta-tag is an HTML tag that provides information about the Web page and allows search engines to index content more effectively.  It is the policy of the Company to prohibit others from using the Company or its trademarks in the meta-tags for their Websites.

 

Do not use SafetyGear Online or any other trademarks of the Company as all or part of a domain name since this is likely to cause confusion or imply that the Website is affiliated with or sponsored by the Company. 

 

Do not create new content based on any copyrighted content of the Company.  For example, do not create any new works based on the modification or adaptation of content on a Company Web page, graphical design, illustration, color scheme, visual appearance, or any other original work created by the Company.  In addition, it is an improper reproduction of the Company's copyrighted content to re-host any of the Company's Web pages, applications or content without written permission from the Company.  Re-hosting is presenting a copy of the Company's Web pages and having that copy reside on your server.

 

Do not use any trademarks or logos of the Company on your Website without the express written permission of the Company. 

 

This policy document is not intended to serve as legal advice.  Should you have questions regarding your legal rights or duties, please consult your own attorney.