Thank you for visiting our “Your Gear Club” Web site, which includes its related subdomains, services, websites, and tools ("Site"), owned and operated by Your Gear Club, LLC. " Your Gear Club" or "we," "us," "our" and similar references, as used herein, refer to Your Gear Club, LLC., and its subsidiaries, divisions and affiliates. While you can access some portions of the Site without becoming a Member (See the Membership section, below, for Membership definitions, qualifications and requirements), you will not be able to view the special pricing and actually purchase products through our special pricing relationships with our vendor-suppliers (“Vendor-Partners”) on our e-commerce marketplace or take advantage, through secured links, of privileged pricing and special deals from our participating affiliate companies (“Affiliate-Partners”) through our Your Gear Club Advantage Program, and access certain other features. Membership is considered a privilege reserved for Outdoor Enthusiasts who have a true love of the outdoors! We offer not only popular brands but also new and “discoverable” brands we believe have special appeal to our Members.
USE OF THE SITE:
Access to and use of password protected and/or secure areas of the Site is restricted to Member users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you are liable for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
ADDITIONAL TERMS AND CONDITIONS:
ACCURACY OF CONTENT - LIMITATIONS ON PRODUCT QUANTITY AND AVAILABILTY:
Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation, and to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion (i.e., “Your Gear Club Deal of the Day”) at any time without notice (including after an order has been submitted and/ or acknowledged). The inclusion of any products, services on this Site at a particular time does not guarantee that the products or services will be available. If a product or service offered and sold on the Site is not as described, your sole remedy is to return it subject to the terms set forth herein and subject to the return policy of the relevant Vendor-Partner or Affiliate-Partner.
LINKS TO AND FROM THIRD-PARTY WEBSITES:
This Site may contain links to our Vendor-Partners, Affiliate-Partners, Association-Partners and other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible nor do we have any liability for the accuracy, content, legality, products, services, security or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party. In addition, we may have marketing, linking or other affiliations with other businesses or organizations, which may include nonprofit organizations (“marketing affiliates”), whose websites contain links to this Site. You agree that these marketing, linking or other arrangements shall not be construed as an approval or endorsement by any of our marketing affiliates of any product or service provided on this Site. You also agree that our marketing affiliates do not assume nor bear any responsibility or liability for the accuracy, content, legality, products, services or any other aspect of Your Gear Club, our Vendor-Partners Affiliate-Partners or this Site.
Your Gear Club is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any product or service sold or offered through the Site, any Member Content, or any act or omission by Members of the Site, Your Gear Club or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our Vendor-Partners or Affiliate-Partners does not necessarily reflect the opinions or policies of Your Gear Club. Your Gear Club assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications on the Site. Your Gear Club is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Site. Your Gear Club is not responsible for the activities of third-party unauthorized users, hackers or other individuals who gain unauthorized access to the Your Gear Club site and information therein. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, SERVICES AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS 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. SPECIFICALLY, BUT WITHOUT LIMITATION, YOUR GEAR CLUB DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITIES:
IN NO EVENT SHALL YOUR GEAR CLUB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, VENDOR-PARTNERS, AFFILIATE-PARTNERS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY YOUR GEAR CLUB OR ITS VENDOR-PARTNERS OR AFFILIATE-PARTNERS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF YOUR GEAR CLUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF YOUR GEAR CLUB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, VENDOR-PARTNERS, AFFILIATE-PARTNERS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO YOUR GEAR CLUB IN CONNECTION WITH THE APPLICABLE MERCHANDISE, SERVICE, EVENT, PROMOTION, TRANSACTION OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. YOUR SOLE REMEDY AGAINST YOUR GEAR CLUB FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be imposed to the fullest extent permitted by applicable law.
We do not make shipments outside the United States other than through APO/ FPO addresses and, therefore, make no representation that information or products on this Site are appropriate or available for use or export outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
RISK OF LOSS:
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier. We will assist you in initiating a claim under such shipping arrangements.
UNAVAILABILITY OF SITE; TERMINATION; FRAUD:
COPYRIGHT INFRIGEMENT; NOTICE AND TAKE DOWN PROCEDURES:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may provide written notice of such and request that they be removed. To be effective, this notice and request must contain certain elements specified by the DMCA, which include bearing a signature (or electronic equivalent) of the copyright holder or an authorized representative, and (a) identifying the allegedly infringing materials; (b) indicating where on the Site the infringing materials are located; (c) providing your name and contact information; (d) stating that you have a good faith belief that the materials are infringing; (e) stating that the information in your claim is accurate; and (f) indicating that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. The above is just a summary of the notice and counter-notice requirements and notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our designated agent for copyright issues relating to this Site (including the notices and counter-notices) is firstname.lastname@example.org. Please note that there are penalties for false claims under the DMCA.
CHOICE OF LAW AND FORUM:
SEVERABILITY OF PROVISIONS:
Pursuant to California Civil Code § 1789.3, California users of the Your Gear Club website are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, by telephone at (916) 445-1254.
Your Gear Club
1993 Dewar Drive
Rock Springs, WY 82901
© 2018 Your Gear Club, LLC. All rights reserved.
Last Updated: May 1, 2018