Terms of Use

 

Thank you for visiting the First Gear Inc website.  Please read these website Terms of Use carefully before using this website.  By accessing or using the First Gear website you and any entity you are authorized to represent agree to be bound by these Terms of Use.  If you have questions concerning these Terms of Use, please contact First Gear Inc. via e-mail at consumerservices@1st-gear.com.

  1. First Gear Inc. provides this website as an informational and e-commerce service only. First Gear Inc. attempts to provide quality information, but makes no claims, promises, or guarantees about the timeliness, accuracy, completeness, or adequacy of the information contained in or linked to this website. The information, data, text, images, graphics, and other content provided on this website are the property of First Gear Inc., its affiliates, or its licensors and are protected by copyright, trademark, and other intellectual property laws.  First Gear Inc. assumes no liability or responsibility for any errors or omissions in the content of the website. Your use of this website is at your own risk. By using this website, you release First Gear Inc. from any and all claims that may result from your use of the website.
     
  2. IF YOU'RE UNDER THE AGE OF MAJORITY (which is 18 years old in most cases), then your parent or guardian may be liable for some or all of your activities on the Website. Therefore, you should make your parent or guardian aware that you are using the website – as these Terms of Use and your use of the website affect their legal rights and obligations.  The services are not designed nor intended for use by anyone under 14 years of age.
     
  3. Firstgearonline.com is a registered trademark of First Gear Inc. Other trademarks used herein are the property of their respective owners, are registered where indicated, and are used by First Gear Inc. under license from, or with permission of, their respective owners.
     
  4. The firstgearonline.com website is available 24 hours a day, 7 days a week. However, First Gear Inc. retains the right to make the website unavailable from time-to-time for any reason. You agree that First Gear Inc. shall not be liable for any damages of any kind arising from any interruption, suspension, or termination of this website for any reason.
     
  5. First Gear Inc. makes no representations or warranties as to this website or any information provided on this website. Information provided on this website is provided "AS IS" without warranty of any kind, either expressed or implied. First Gear Inc. reserves the right, at its own discretion, to add, revise, delete, supplement, change, improve, update or otherwise modify the information on this website, including the Terms of Use, at any time without notice.  Your continued usage of the website after any changes to these Terms of Use or the website will mean that you agree to be bound by any revisions or changes posted by First Gear Inc.
     
  6. You will not, in any way, copy, reproduce, modify, move, lease, loan, sell, add to, delete or otherwise tamper with the information contained in this website. You agree not to decompile, reverse engineer, disassemble, modify, reproduce, republish, distribute, or unlawfully use or reproduce any of the software, copyrighted material, trade secrets, or other proprietary information contained in the website.
     
  7. By using this website you agree that you will not use or access any service, information, application or software available via the website in a manner not expressly permitted by First Gear, Inc.  You will not input or upload to the website any information which contains viruses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system or any part of the website, or that infringes the Intellectual Property rights of another.
     
  8. Certain areas of the website are restricted to customers of First Gear Inc.
     
  9. This website may contain links to third-party websites and resources.  These ‘Linked Sites’ are provided by First Gear solely as a convenience to you and not as an endorsement by First Gear of the content on these Linked Sites.  First Gear makes no representations or warranties as to the accuracy, correctness, or quality of the content or service of any Linked Site.  Your use of such Linked Sites is at your own risk.
     
  10. 10. IN NO EVENT WILL FIRST GEAR INC., ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR USE OF ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF FIRST GEAR INC. HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM.
     
  11. First Gear Inc. reserves the right to terminate your use of the website by disabling your access to the website immediately without notice if First Gear Inc., in its sole discretion, determines that your use of the website does not comply with the Terms of Use, or violates any local, state, national or international laws, or interferes with others' use of the website, or interferes with or adversely affects operations of the website, or you attempt to use the website for any illegal or improper purpose. You agree that First Gear shall not be liable to you or any third party for any termination or suspension of your access to the Website, its systems, information and/or the services.
     
  12. First Gear Inc. collects certain information from visitors to its Site. For further information, please see our Privacy Policy.
     
  13. First Gear does not accept ideas, concepts, or techniques for new services or products through the Website (collectively known as "Comments").  If such Comments are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) First Gear and its affiliates are under no obligation to keep such information confidential, and (c) First Gear will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, sell, distribute, and exploit such Comments in any manner it chooses.
     
  14. You may not assign the Terms of Use or any of your interests, rights or obligations under the Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.  No waiver of any of the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
     
  15. You hereby expressly agree that any dispute involving your use of this website, information, services, and/or content will be litigated, if necessary, in the State of Iowa, USA, and you expressly wave any objection you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding.  You further agree that any claim or cause of action arising out of or related to your use of the website, information, services, and/or content must be filed within one (1) year after such claim or cause of action arose.
     

Copyright © 2015 First Gear Inc. All rights reserved.
If you have any questions please contact First Gear, Inc. at: consumerservices@1st-gear.com