Last updated May 21, 2020
You may not interfere with the Services or try to access them using a method other than the interface and the instructions we provide. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Services to you if you do not comply with our terms or if we are investigating suspected misconduct.
Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Services. Do not remove, obscure or alter any legal notices displayed in or along with the Services.
You are not permitted to use the Services while operating a motor vehicle or in any other way that distracts you and is in violation of traffic, safety or other laws.
By using the Services, you agree to indemnify, hold harmless and defend GearSay from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
You must be at least 16 years old to use Gearsay. If you are a minor or under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may access and use our Site only with permission from your parent or legal guardian.
You may not use, export, import, or transfer any part of the GearSay website except as authorized by United States law, the laws of the jurisdiction in which you use or access our website, or any other applicable laws. In particular, but without limitation, no part of the Gearsay website may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Gearsay website, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the GearSay website for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by GearSay are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer GearSay products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
By accessing the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use the Services to:
a.Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable or illegal, as determined by GearSay. b.Use a name or language that GearSay, in its sole discretion, deems offensive. c.Post or transmit defamatory statements. d.Post or transmit hateful or racially or ethnically objectionable content. e.Post or transmit content which infringes another's copyright, trademark, trade secret or other legal rights. f.Post or transmit unsolicited advertising or unlawfully promote products or services. g.Harass, threaten or intentionally embarrass or cause distress to another person or entity. h.Impersonate another person. i.Promote, solicit, or participate in any multi-level marketing or pyramid schemes. j.Exploit children under 18 years of age. k.Engage in disruptive activity. l.Introduce viruses, worms, Trojan horses and/or harmful code to the website, or attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site. m.Obtain unauthorized access to any computer system through the website. n.Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 16 years of age). o.Solicit personal information from children under 16 years of age. p.Violate any federal, state, local, or international law or regulation. q.Encourage conduct that would constitute a criminal or civil offense.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 16. We do not knowingly solicit personal information regarding children under age 16. We do not knowingly solicit personal information regarding children under age 13.
Except as set forth in this section or as otherwise noted, all content contained on this website is the property of GearSay and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
GearSay's purpose is to make it easy for our users to find content of interest, from around the internet. We do not claim ownership in, or host, that content, and we expressly disclaim ownership of rights in the content to which we link. We present links to content and small snippets of the content sufficient only to enable our users to identify its relevance to them, to encourage our users to click through to the third-party owners and publishers of that content, as a means of driving traffic to the owners' website.
We do not claim ownership of content submitted by users. By submitting such content, however, you grant us (and those we work with) a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, host, store, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such content. This license shall remain in effect until we delete the content from our systems, even if you stop using the Services. By posting content, you are deemed to have affirmed your ownership of such content and you indemnify and hold us harmless against any liability as a result of your failure to have such rights.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this website is: Jeffrey A Stein, % Wilmer Cutler Pickering Hale and Dorr LLP, 60 State Street, Boston MA 02109, (ph) 617 526 6000, (f) 617 526 5000; firstname.lastname@example.org.
In order to access the Services, you may be required to register and establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information available from the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Without limiting the foregoing statements, such information, opinions, advice or other content may include recommendations about dietary, physical fitness or other matters. GearSay does not endorse any such recommendations and is not responsible for their suitability for you or any other person. You should consult with appropriate medical experts prior to starting any physical fitness or dietary program and GearSay is not responsible for their advice. If you are accessing our AskAnswer (request advice) feature, see below for further regarding warnings on the applicability of the advice to you.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON GEARSAY OR ACCESSIBLE THROUGH THE SERVICES 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, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GEARSAY DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, or (iv) THAT THE INFORMATION IS RIGHT FOR YOU OR SAFE FOR YOUR USE.
IN NO EVENT SHALL GEARSAY OR ANY OTHER PARTY BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURY, DEATH, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GEARSAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by GearSay from you during the 12 months preceding the claim giving rise to such liability.
You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between GearSay and you.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The website contains links to non-GearSay websites that are provided to you as a convenience. Any outside website accessed from our website is independent from GearSay, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-GearSay websites.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by GearSay of that third party or of any product or service provided by a third party. Likewise, a link to any non-GearSay website does not imply that we endorse or accept any responsibility for the content or use of such a website. GearSay does not endorse, warrant or guarantee any product or service offered by any third party through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws
We may terminate any user’s access to the Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to the Services.
You and GearSay each agree that with respect to any claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual claims (whether brought by you or GearSay). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If you do not comply with these terms and we don't take action right away, that doesn't mean that we are giving up any rights that we may have, including taking action in the future.
In addition to the foregoing, the following terms apply to the feature on GearSay that allows Users to request advice from other athletes. In the event of any inconsistency between the foregoing and the following terms, the following terms shall apply
GearSay's AskAnswer feature enables users of GearSay to purchase advice from experts (each, an "Expert"). That advice will be delivered to you in the form of video created by the Expert ("GearSay Video"). If you are requesting advice through our AskAnswer feature, please keep in mind at all times that the advice you are receiving is the opinion of the Expert and no other person, and that it may or may not be suitable for you. Regardless of the information you share with the Expert as part of your request for advice, the Expert does not know your skills, your background, your personal health, any current or prior injuries or illnesses, the environment or conditions in which you may apply the advice or any other circumstances that may or may not make the advice suitable for you. You alone are responsible for considering the suitability of the advice and neither the Expert, nor GearSay, nor any other person shall have any liability to you for any damages, losses, injuries or death you may suffer as a result of applying the advice. If you do not agree to these terms you may not use our AskAnswer feature.
you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your content by us, Users, or third parties \as described in these Terms;
your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
your content does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
you will not post or make publicly available any GearSay Video that the User has requested not be posted by you;
you will not contact, respond to, or communicate with any User that you meet on or through Gearsay, except as expressly permitted through Gearsay
you will not edit, change, modify, or remove the watermark from any GearSay Video or assist or encourage any third party to do so.
Any GearSay Video or other content you provide to us is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of your content, including any personal information that is included in that content.
We may refuse to accept or transmit your content for any reason without notice to you.
You hereby waive any and all moral rights that you may have in your content, and you represent and warrant that no third party has any moral or other rights in your content.
We welcome accomplished participants in every sport to apply to join us on GearSay. While we cannot accept all participants, we will look forward to talking with you. Please let us know of your interest in joining by filling out our enrollment form, which you can access here.
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