Website Terms and Conditions of Use
ACCEPTANCE OF TERMS
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Use"). If you do not agree to these Terms and Conditions of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions of Use. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
Website Security Terms And Conditions
We have in place stringent security measures using the most advanced methods available to protect the loss, misuse and alteration of the information under our control. To protect your privacy for on line ordering, our e-store section is hosted on a secure web site and furthermore we do not store personal information or credit card numbers on this site.
We do not allow unauthorized use of any materials; images or design concepts and all are protected by copyright. Many images on our site have been digitally encoded to allow Gears Canada to monitor any such misuse.
DESCRIPTION OF SERVICE
Gears Canada provides users with a collection of on-line resources including online shopping and an assortment of interactive features (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the Terms and Conditions of Use. You understand and agree that the Service is provided "AS-IS" and that Gears Canada assumes no responsibility for the timeliness, deletion, misdelivery, or failure of the Service.
RULES OF USER CONDUCT AGREEMENT
You agree to abide by all terms contained on Gears Canada website and not to use this site for any unlawful purpose.
THIRD PARTY SITES & LINKS
This site maintains and actively collects links that will send you to other sites on the Internet. Because Gears Canada has no control over such sites and resources; you acknowledge that Gears Canada is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Gears Canada or any association with its operators.
DEALINGS WITH ADVERTISERS
Your business dealings or correspondence with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Gears Canada shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
GEARS CANADA PROPRIETARY RIGHTS
You acknowledge and agree that the Service and all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Gears Canada, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Gears Canada is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Gears Canada. Permission is granted only when certain limited criteria are met. E-mail firstname.lastname@example.org for information and to request such permission.
SEND US YOUR PICTURES TERMS AND CONDITIONS
Please remember that, by submitting photograph(s) you confirm that you agree to the terms and conditions below.
Terms and conditions for submitting photographs to Gears Canada
1. By submitting your photographs you agree to grant Gears Canada a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your photograph worldwide and/or to incorporate your photograph in other works and publications in any media now known or later developed for the full term of any rights that may exist in your photograph. If you do not want to grant to Gears Canada the rights set out above, please do not submit your photograph to Gears Canada.
2. Further to paragraph 1 above, by submitting your photograph to Gears Canada you
2.1 warrant that your photograph is your own original work and that you have the right to make it available to Gears Canada for all the purposes specified above.
2.2 warrant that your photograph does not infringe any law.
2.3 agree to indemnify Gears Canada against all legal fees, damages and other expenses that may be incurred by Gears Canada as a result of your breach of the above warranties; and
2.4 agree to waive any moral rights in your photographs for the purposes of its submission to and publication on Gears Canada and for the purposes specified above.
3. These terms and conditions will be governed by the laws of Canada and the parties agree to submit to the exclusive jurisdiction of the Canadian Courts.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.
3. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. GEARS CANADA, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM GEARS CANADA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
6. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GEARS CANADA, INC, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GEARS CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GEARS CANADA LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Gears Canada and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Gears Canada reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gears Canada in asserting any available defenses.
Gears Canada makes no representation that materials on this site are appropriate or available for use in locations outside of Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
SEVERABILITY AND INTEGRATION
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN GEARS CANADA INVOICE OR OTHER GEARS CANADA DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND GEARS CANADA HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding contract between Customer and Gears Canada. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Gears Canada Website (the "Site"). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between Customer and Gears Canada relating to the Terms and Conditions of Sale of products on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in Gears Canada invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related there to. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity that purchases, places an order or otherwise shops at Gears Canada website.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the province of Ontario, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer's use of this site shall be filed only in the state or federal courts located in the province of Ontario and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SHIPMENTS; RISK OF LOSS
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to Customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Gears Canada retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the Canada by Gears Canada were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to Canada law is prohibited. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the Canada.
Customer understands that Gears Canada is not the manufacturer of all products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Gears Canada. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Gears Canada.
GEARS CANADA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF GEARS CANADA INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
ALL LUGGAGES ARE WARRANTED TO THE ORIGINAL PURCHASER TO BE FREE OF MANUFACTURING DEFECTS FOR A PERIOD OF ONE YEAR. THIS WARRANTY HOWEVER DOES NOT EXTEND TO ANCILLARY PARTS SUCH AS RAIN COVERS, BUNGEE CORDS, BUCKLES AND RIVETS. OUR LIABILITY EXTENDS TO MATERIAL AND WORKMANSHIP ONLY.
THIS WARRANTY IS VOID IF PRODCUT FAILURE IS DUE TO MISUSE, ABUSE, NEGLECT, ACCIDENT AND IMPROPER INSTALLATION. ALSO NOT COVERED ARE CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES OR DAMAGE TO PERSON OR PROPERTY DUE TO ABOVE FACTORS. ALL WARRANTIES ARE COVERED ONLY BY AN ORGINAL PROOF OF PURCHASE. YOUR SALE CONTRACT IS WITH THE DEALERSHIP WHERE THE PRODUCT WAS PURCHASED AND THEREFORE IT HAS TO BE RETURNED THERE.
ALL HEATED APPAREL COMES WITH A LIMITED WARRANTY OF ONE YEAR. ALL BATTERIES COME WITH A LIMITED WARRANTY OF 90 DAYS. ALL COVERS COME WITH A LIMITED WARRANTY OF ONE YEAR OR TWO YEARS DEPENDING ON THE PRODUCT TYPE. ALL OTHER APPAREL COMES WITH A LIMITED ONE-YEAR WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL GEARS CANADA OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GEARS CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GEARS CANADA LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER GEARS CANADA NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER GEARS CANADA NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT (S) GIVING RISE TO THE CLAIM.
Gears Canada will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
PRODUCT USE AND RIDER SAFETY
Motorcycles can be dangerous. Gears Canada has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part. Gears Canada will not be responsible for any damages caused by incorrect assembly or poor fitment method.
Customer agrees to defend, indemnify, and hold harmless Gears Canada and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Gears Canada website. Gears Canada reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Gears Canada in asserting any available defenses.
PRICING INFORMATION; AVAILABILITY DISCLAIMER
All pricing is subject to change. Gears Canada reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Gears Canada cannot guarantee that it will be able to fulfill Customer's orders.
ACCOUNTS AND PASSWORDS
Customer is responsible for maintaining the confidentiality of Customer's account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.
ORDERS; PAYMENT TERMS; INTEREST; TAXES
Orders are not binding upon Gears Canada until accepted by Gears Canada. Gears Canada reserves the right to refuse service to anyone. Terms of payment are within Gears Canada sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Gears Canada may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Gears Canada harmless from, any applicable sales, use or other taxes or federal, state, province or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Gears Canada costs of collection, including court costs, filing fees and attorney's fees.
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Customer agrees to thoroughly and carefully inspects all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Gears Canada policy on returns and exchanges.