gearbyte.org Terms Of Use
General
gearbyte.org and, its
subsidiaries and affiliates (collectively "gearbyte.org") 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 assent to be bound by
the Agreement, and your acknowledgment of and agreement to its terms.
Services
The Services include gearbyte.org Search (located at http://www.gearbyte.org) (the "Search
Services"). The Services may also be located on third party web sites
and/or applications. Our Search Services enable you to search the World
Wide Web for anything that interests you, whether it is fly fishing,
medical research or digital cameras. We provide you with search listings
of advertisers of gearbyte.org (as well
as search listings provided to gearbyte.org by a third party to
supplement the advertiser listings) that help you find what you are
looking for.
A little more detail:
The Services act as a system or venue to introduce you to buyers and
sellers of goods and services and providers of information.
gearbyte.org uses reasonable
efforts to ensure the availability of the information and content,
including links, that it makes available through the Services. However,
the Services are composed of content not offered by gearbyte.org. gearbyte.org does not control (i)
the quality, safety or legality of items available through or on its
advertisers' Web sites or sites of third parties not in privity of
contract with gearbyte.org, (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 Web sites or
links to those Web sites. gearbyte.org 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.
gearbyte.org does not guarantee
the price, terms, product, availability and/or services offered by any
advertiser.
For all of the Services,
gearbyte.org 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 gearbyte.org (and
gearbyte.org'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,
gearbyte.org 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
gearbyte.org's express permission.
The technology underlying, and content within, the Services is owned by
gearbyte.org and/or its licensors
(including
gearbyte.org'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 gearbyte.org, gearbyte.org 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. gearbyte.org DISCLAIMS ANY
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
gearbyte.org Potential Liability
for the Services is Limited
NEITHER gearbyte.org 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 THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE
THE SERVICES. gearbyte.org WILL NOT
BE LIABLE FOR ANY MATERIAL OF WEB SITES 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 TO YOU. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF gearbyte.org, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE
LAW.
In notifying gearbyte.org 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 gearbyte.org 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/.
gearbyte.org does not arbitrate or
resolve trademark disputes among gearbyte.org advertisers or
between those advertisers and third parties. However, gearbyte.org will promptly comply
with an order of a court of competent jurisdiction concerning a trademark
issue. gearbyte.org occasionally receives
requests to remove listings from within the Services. gearbyte.org reserves the right to
address such requests on a case-by-case basis.
Objectionable Material
gearbyte.org encourages you to use
discretion when browsing the Internet or using the Services. The Services
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 come across any site that you believe contains child pornography
or other illegal material, please contact sysadmin@gearbyte.org and we will contact
the authorities as appropriate.
Privacy and Data Collection
gearbyte.org does not collect personally identifying
information from users of the Services unless users have explicitly given
such information to gearbyte.org (for example, when becoming an advertiser
or when sending us an email with a question or as part of a contest). gearbyte.org information practices are further
described in its privacy policy. gearbyte.org 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 gearbyte.org (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 gearbyte.org (such
as data, questions or answers, comments, or suggestions) as
non-confidential, and agree that gearbyte.org 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
gearbyte.org reserves the right to change any information,
features and functions of the Services without prior notice. gearbyte.org may
deny you access to all or part of the Services without prior notice if you
engage in any conduct or activities that gearbyte.org
determines, in its sole discretion, violate this Agreement, the rights of gearbyte.org
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 California without regard to its
conflict of law provisions. gearbyte.org
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 Los Angeles, California, and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof. Either you or gearbyte.org may seek any interim or preliminary relief from a
court of competent jurisdiction in Los Angeles, California, as necessary
to protect the rights or property of you or gearbyte.org
Amendment
gearbyte.org may amend this Agreement at any time by posting
the amended terms on its Web site. Except as stated below, all amended
terms are automatically effective 15 days after they are initially posted.
This Agreement may not be otherwise amended except in a written document
signed by you and gearbyte.org.
Contacting Us
If
you have any questions about our site, this agreement, or our general
procedures, please contact: office@gearbyte.org
