Terms of Service

Terms of Service
This page will contain the terms of service of your choice.

Welcome to GearfireHub. GearfireHub (“GearfireHub”) and/or its affiliates provide website features and other products and services to you when you visit or shop at GearfireHub.com, use GearfireHub products or services, use GearfireHub applications for mobile, or use software provided by GearfireHub in connection with any of the foregoing (collectively, “GearfireHub Services”). GearfireHub provides the GearfireHub Services subject to the following conditions.

By using GearfireHub, you agree to these terms and conditions. Read carefully.

We offer a wide range of GearfireHub Services, and sometimes additional terms may apply. When you use an GearfireHub Service (for example, Your Profile, Gift Cards, or NFDNetwork Video) you also will be subject to the guidelines, terms and agreements applicable to that GearfireHub Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your use of NFDNetwork Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any GearfireHub Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other GearfireHub Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any GearfireHub Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property ofGearfireHub or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GearfireHub Service is the exclusive property of GearfireHub and protected by U.S. and international copyright laws.

TRADEMARKS

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NFDNetwork Service are trademarks or trade dress of GearfireHub in the U.S. and other countries. GearfireHub’s trademarks and trade dress may not be used in connection with any product or service that is not GearfireHub’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GearfireHub. All other trademarks not owned byGearfireHub that appear in any GearfireHub Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GearfireHub.

PATENTS
One or more patents owned by GearfireHub apply to the GearfireHub Services and to the features and services accessible via theGearfireHub Services. Portions of the GearfireHub Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, GearfireHub or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the GearfireHub Services. This license does not include any resale or commercial use of any GearfireHub Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GearfireHub Service or its contents; any downloading or copying of account information for the benefit of another Dealer; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by GearfireHub or its licensors, suppliers, publishers, rightsholders, or other content providers. No GearfireHub, nor any part of any GearfireHub Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GearfireHub. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GearfireHub without express written consent. You may not use any meta tags or any other “hidden text” utilizing GearfireHub’s name or trademarks without the express written consent ofGearfireHub. You may not misuse the GearfireHub Services. You may use the GearfireHub Services only as permitted by law. The licenses granted by GearfireHub terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any GearfireHub Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GearfireHub does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the GearfireHub Services only with involvement of a parent or guardian. GearfireHub reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GearfireHub reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant GearfireHub a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GearfireHub and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GearfireHub for all claims resulting from content you supply. GearfireHub has the right but not the obligation to monitor and edit or remove any activity or content. GearfireHub takes no responsibility and assumes no liability for any content posted by any third party.

COPYRIGHT COMPLAINTS

GearfireHub respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RISK OF LOSS

All items purchased from GearfireHub are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

GearfireHub Dealers do not take title to returned items until the item arrives in store. At our, or the Dealers discretion, a refund may be issued without requiring a return. In this situation, NFDNetwork does not take title to the refunded item. For more information about returns and refunds, please contact the Dealer from whom the items were purchased, or received.

PRODUCT DESCRIPTIONS

GearfireHub attempts to be as accurate as possible. However, GearfireHub does not warrant that product descriptions or other content of any GearfireHub Service is accurate, complete, reliable, current, or error-free. If a product offered by GearfireHub itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any GearfireHub Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our Dealers, the List Price or Suggested Price may be provided by the Dealer.

With respect to items sold by GearfireHub, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by GearfireHub is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other Dealers may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

GearfireHub SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with GearfireHub Services (the “GearfireHub Software”).

OTHER BUSINESSES

Parties other than GearfireHub operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. GearfireHub does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE GEARFIREHUB SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NFDNETWORK SERVICES ARE PROVIDED BY NFDNETWORK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NFDNETWORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NFDNETWORK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NFDNETWORK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NFDNETWORK SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NFDNETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF DEALERABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NFDNETWORK DOES NOT WARRANT THAT THE NFDNETWORK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NFDNETWORK SERVICES, NFDNETWORK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NFDNETWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NFDNETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GEARFIREHUB SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NFDNETWORK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any GearfireHub Service, or to any products or services sold or distributed by GearfireHub or through GearfireHub.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, GearfireHub will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any GearfireHub Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GearfireHub.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of GearfireHub Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

GearfireHub
13880 N Northsight Blvd, Suite C109
Scottsdale, AZ 85260
http://www.GearfireHub.com

How to Serve a Subpoena

If you have a subpoena to serve on GearfireHub, please note that GearfireHub does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on GearfireHub, preferably by mailing the subpoena to GearfireHub.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

GearfireHub’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent GearfireHub.com Legal Department (ADDRESS HERE!) Please note that this procedure is exclusively for notifying GearfireHub that your copyrighted material has been infringed.

Additional GearfireHub Software Terms

Use of the GearfireHub Software. You may use GearfireHub Software solely for purposes of enabling you to use and enjoy theGearfireHub Services as provided by GearfireHub, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the GearfireHub Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the GearfireHub Software or otherwise assign any rights to the NFDNetwork Software in whole or in part. You may not use the GearfireHub Software for any illegal purpose. We may cease providing any GearfireHub Software and we may terminate your right to use any GearfireHub Software at any time. Your rights to use the GearfireHub Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain GearfireHub Software that are specifically identified in related documentation may apply to that GearfireHub Software (or software incorporated with the GearfireHub Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any GearfireHub Service is the property of GearfireHub or its software suppliers and protected by United States and international copyright laws.
Use of Third Party Services. When you use the GearfireHub Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the NFDNetwork Software, whether in whole or in part, or create any derivative works from or of the GearfireHub Software.

 

Welcome to GearfireHub. GearfireHub (“GearfireHub”) and/or its affiliates provide website features and other products and services to you when you visit or shop at GearfireHub.com, use GearfireHub products or services, use GearfireHub applications for mobile, or use software provided by GearfireHub in connection with any of the foregoing (collectively, “GearfireHub Services”). GearfireHub provides the GearfireHub Services subject to the following conditions.

 

By using GearfireHub, you agree to these terms and conditions. Read carefully.

 

We offer a wide range of GearfireHub Services, and sometimes additional terms may apply. When you use an GearfireHub Service (for example, Your Profile, Gift Cards, or NFDNetwork Video) you also will be subject to the guidelines, terms and agreements applicable to that GearfireHub Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

PRIVACY

Please review our Privacy Notice, which also governs your use of NFDNetwork Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

 

When you use any GearfireHub Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other GearfireHub Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

 

All content included in or made available through any GearfireHub Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property ofGearfireHub or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GearfireHub Service is the exclusive property of GearfireHub  and protected by U.S. and international copyright laws.

 

TRADEMARKS

 

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NFDNetwork Service are trademarks or trade dress of GearfireHub in the U.S. and other countries. GearfireHub’s trademarks and trade dress may not be used in connection with any product or service that is not GearfireHub’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GearfireHub. All other trademarks not owned byGearfireHub that appear in any GearfireHub Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GearfireHub.

 

PATENTS

One or more patents owned by GearfireHub apply to the GearfireHub Services and to the features and services accessible via theGearfireHub Services. Portions of the GearfireHub Services operate under license of one or more patents.

 

LICENSE AND ACCESS

 

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, GearfireHub or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the GearfireHub Services. This license does not include any resale or commercial use of any GearfireHub Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GearfireHub Service or its contents; any downloading or copying of account information for the benefit of another Dealer; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by GearfireHub or its licensors, suppliers, publishers, rightsholders, or other content providers. No GearfireHub, nor any part of any GearfireHub Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GearfireHub. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GearfireHub without express written consent. You may not use any meta tags or any other “hidden text” utilizing GearfireHub’s name or trademarks without the express written consent ofGearfireHub. You may not misuse the GearfireHub Services. You may use the GearfireHub Services only as permitted by law. The licenses granted by GearfireHub terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

 

If you use any GearfireHub Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GearfireHub does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the GearfireHub Services only with involvement of a parent or guardian. GearfireHub reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GearfireHub reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant GearfireHub a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GearfireHub and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GearfireHub for all claims resulting from content you supply. GearfireHub has the right but not the obligation to monitor and edit or remove any activity or content. GearfireHub takes no responsibility and assumes no liability for any content posted by any third party.

 

COPYRIGHT COMPLAINTS

 

GearfireHub  respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

 

RISK OF LOSS

 

All items purchased from GearfireHub are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

 

GearfireHub Dealers do not take title to returned items until the item arrives in store. At our, or the Dealers discretion, a refund may be issued without requiring a return. In this situation, NFDNetwork does not take title to the refunded item. For more information about returns and refunds, please contact the Dealer from whom the items were purchased, or received.

 

PRODUCT DESCRIPTIONS

 

GearfireHub attempts to be as accurate as possible. However, GearfireHub does not warrant that product descriptions or other content of any GearfireHub Service is accurate, complete, reliable, current, or error-free. If a product offered by GearfireHub itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

 

Except where noted otherwise, the List Price or Suggested Price displayed for products on any GearfireHub Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our Dealers, the List Price or Suggested Price may be provided by the Dealer.

 

With respect to items sold by GearfireHub, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by GearfireHub is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other Dealers may follow different policies in the event of a mispriced item.

 

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 

GearfireHub SOFTWARE TERMS

 

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with GearfireHub Services (the “GearfireHub Software”).

 

OTHER BUSINESSES

 

Parties other than GearfireHub operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. GearfireHub does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE GEARFIREHUB SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NFDNETWORK SERVICES ARE PROVIDED BY NFDNETWORK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NFDNETWORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NFDNETWORK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NFDNETWORK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NFDNETWORK SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NFDNETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF DEALERABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NFDNETWORK DOES NOT WARRANT THAT THE NFDNETWORK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NFDNETWORK SERVICES, NFDNETWORK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NFDNETWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NFDNETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GEARFIREHUB SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NFDNETWORK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

DISPUTES

 

Any dispute or claim relating in any way to your use of any GearfireHub Service, or to any products or services sold or distributed by GearfireHub or through GearfireHub.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, GearfireHub will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

 

By using any GearfireHub Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GearfireHub.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

Please review our other policies posted on this site. These policies also govern your use of GearfireHub Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

 

GearfireHub
13880 N Northsight Blvd, Suite C109
Scottsdale, AZ 85260
http://www.GearfireHub.com

 

How to Serve a Subpoena

 

If you have a subpoena to serve on GearfireHub, please note that GearfireHub does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on GearfireHub, preferably by mailing the subpoena to GearfireHub.

 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.

 

Notice and Procedure for Making Claims of Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

 

If you prefer to submit a report in writing, please provide us with this information:

 

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

GearfireHub’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

 

Copyright Agent GearfireHub.com Legal Department (ADDRESS HERE!) Please note that this procedure is exclusively for notifying GearfireHub that your copyrighted material has been infringed.

 

Additional GearfireHub Software Terms

 

  1. Use of the GearfireHub Software. You may use GearfireHub Software solely for purposes of enabling you to use and enjoy theGearfireHub Services as provided by GearfireHub, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the GearfireHub Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the GearfireHub Software or otherwise assign any rights to the NFDNetwork Software in whole or in part. You may not use the GearfireHub Software for any illegal purpose. We may cease providing any GearfireHub Software and we may terminate your right to use any GearfireHub Software at any time. Your rights to use the GearfireHub Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain GearfireHub Software that are specifically identified in related documentation may apply to that GearfireHub Software (or software incorporated with the GearfireHub Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any GearfireHub Service is the property of GearfireHub or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the GearfireHub Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the NFDNetwork Software, whether in whole or in part, or create any derivative works from or of the GearfireHub Software.