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Terms and Conditions

Terms and Conditions

EM GEAR TERMS OF USE

PLEASE READ THESE TERMS OF USE (HEREINAFTER “TERMS”) BEFORE UTILIZING THE WEB SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

EM Gear is a wholly owned subsidiary of Cirr(x) Group, LLC, a Georgia Limited Liability Company (hereinafter collectively “EM Gear” or “Company,” or “our,” or “us”). EM Gear develops, owns, controls, and provides access to accessible or downloadable features via web sites that link to the Terms (individually and collectively, “Web Sites”). The Terms shall govern the use of the Web Sites or any offline activities by EM Gear unless specifically stated. By accessing the Web Sites, utilizing any feature of the Web Sites, registering for services offered on the Web Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Web Sites, you agree to the Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, IMMEDIATELY CEASE USE OF THE WEB SITES.

1. Acceptance of Terms
Anyone accessing, utilizing, registering, accepting, uploading, submitting or downloading any information or content (hereinafter “User”) shall be subject to the Terms. Accessing, utilizing, registering, accepting, uploading, submitting or downloading any information or content of the Web Sites (hereinafter collectively “Use”) shall constitute acceptance of the Terms by User. EM Gear reserves the right to modify the Terms at any time without notice and User agrees that it is the sole responsibility of the User to review the Terms to become aware of any additions, revisions, or modifications.

2. Description of Web Site Services
The Web Sites provide Users with access to an assortment of content and online resources, including but not limited to various communication tools, videos, online forums, services, and products. Unless explicitly stated otherwise, the Web Sites, including the release of new or specialized Company web based products, services, or features, are subject to the Terms. Various instances may exist where the User shall accept the Terms and a separate end user license or licenses which will apply to a service or product offered by EM Gear and/or its Web Sites. EM Gear may add, change, remove, suspend, discontinue, and impose limitations on features and services, as well as restrict access to any aspect of the Web Sites at any time without notice or liability. The Web Sites may be accessed via the Internet; however, EM Gear will not provide any equipment necessary in order for the User to make a connection to the Internet and access the Web Sites.

3. Intellectual Property License
The past, present and future Web Sites’ content, including, without limitation, grouping, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, trademarks, logos, domain names, trade names, service marks, trade identities, any other copyrightable material (including source and object code) and all other materials related to the Web Sites, including but not limited to “Look and Feel” of the Web Sites (hereinafter collectively, “Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights. The Content is the property of EM Gear, its subsidiaries, parent company, affiliates, or its respective licensors. Except as expressly set forth in the Terms or expressly granted to the User in writing by EM Gear, no rights in the Content shall be granted to the User. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by a User of Content except pursuant to the limited rights granted hereunder, is strictly prohibited. The User further agrees to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Sites. Any copying, archiving or storing of any of the Web Sites for any purpose other than expressly permitted by the Terms is prohibited unless prior written permission from Company or the respective applicable copyright holder is received.

4. Links To Other Web Sites
The Web Sites may contain hyperlinks to other web sites (hereinafter “Other Sites”). Use of the hyperlinks to access the Other Sites, will cause the User’s browser to be re-directed to the Other Sites, thereby leaving the Web Sites. The Other Sites may have their own terms of use and privacy policies. EM Gear may not have knowledge of, and will not be responsible for, the content presented by any Other Site. As such, EM Gear does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by EM Gear of any Other Sites or resources, or their content, but are merely provided as a convenience for the User.

5. EM Gear Linking Policy
Any web site that links to the Web Sites must comply with the following requirements: (a) The linking web site must not frame or create a browser or border environment around any of the content of the Web Sites; (b) The linking web site may link to, but not replicate, the Content; (c) The linking web site must not imply that EM Gear or the Web Sites are endorsing or sponsoring it or its products, unless EM Gear has given its prior written consent; (d) The linking web site must not present false information about EM Gear or its products or services; (e) The linking web site must not use any EM Gear or EM Gear licensed trademarks without the prior written permission from EM Gear or its respective licensors; and (f) The linking web site must not contain content that could be construed as distasteful, offensive or controversial. Linking to any of the Web Sites constitutes acceptance of EM Gear’s linking requirements. Notwithstanding anything to the contrary contained in the Terms, EM Gear reserves the right to deny permission to link to the Web Sites for any reason.

6. Acceptable Use and Web Sites’ Code of Conduct
Use by the User of the Web Sites constitutes representation, warranty and agreement that User shall comply to the following requirements of the Terms, this Code of Conduct and to strictly observe the following allowable actions: (a) Comply with all applicable laws, rules, and regulations, including, without limitation, tax laws, export control laws and regulatory requirements; (b) Review the Privacy Policy and comply with notices sent by EM Gear concerning EM Gear and/ or the Web Sites; (c) Do not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit EM Gear except as expressly permitted in the Terms; (d) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of any underlying intellectual property used to provide Web Sites, or any part thereof; (e) Utilize information, Content or any data to provide any service or product that is competitive, in EM Gear’s sole discretion, with EM Gear or Web Sites; (f) Imply or state that User is affiliated with or endorsed by EM Gear and/ or Web Sites unless User has entered into a written agreement with EM Gear; (g) Adapt, modify or create derivative works based on Content or other User’s Content, in whole or part; (h) Engage in “framing,” “mirroring,” or “archiving” or otherwise simulating the appearance or function of the Websites or attempt to or access Web Sites by any means other than through the interface provided by EM Gear; (i) Attempt to or actually override any security component included in or underlying the Web Sites; (j) Engage in any action that interferes with the proper working of or places an unreasonable load on Web Sites’ infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; (k) Remove, cover or otherwise obscure any form of advertisement included as part of the Web Sites; (l) Interfere with or disrupt EM Gear, including but not limited to any servers or networks connected to EM Gear, or disobey any requirements, procedures, policies or regulations of networks connected to the EM Gear; (m) Use or attempt to Use another’s account without authorization, or create a false identity to access the Web Sites; (n) Infringe or use EM Gear’s brand, logos and/or trademarks, including, without limitation, using the word “EM Gear” in any business name, email, or URL or including EM Gear’s trademarks and logos on any website without authorization; (o) User shall not upload, post, electronic mail, transmit, display, distribute, promote, or otherwise make available: (i) Any material that is false, illegal, threatening, tortious, disparaging (to EM Gear or its, subsidiaries or affiliates), abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, racist, sexually explicit; that incites violence, racial hatred, terrorism, or illegal acts; that may adversely affect EM Gear business including but not limited to discouraging any person or entity from advertising with, linking to EM Gear Web Sites; or is objectionable in EM Gear’s sole discretion; (ii) Any information, software, or other Content that violates or infringes the rights of EM Gear or any other third parties including, without limitation, copyright, trademark, patent, trade secret, or any other individual or collective proprietary right; (iii) Content or material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system (such as scripts), restricts or inhibits any other User’s Use of the Web Sites, interferes or disrupts the Web Sites and/or servers or networks connected to the Web Sites, or violates any of the Terms or requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) Any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) Any material that exploits or harms any individual, corporation or other entity; (vi) Impersonate any person or entity; stalk, harass, abuse, sexually exploit another User; or (vii) Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses of other Users; and (viii) Disclose information that User does not have the right to disclose or make available under any law or under contractual or fiduciary relationships (including but not limited to information, trade secrets, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

7. User Account and End User License Agreements
Registration is required for Use of certain portions of the Web Sites. The Terms and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Sites. If a conflict arises between the Terms and the terms of any applicable end user license or similar agreement, the end user license or similar agreement shall control, unless expressly stated otherwise. Registration data and certain other information about Users are subject to the EM GEAR Privacy Policy posted on the Web Site. Please refer to the EM GEAR Privacy Policy for information on how User data will be handled. By providing information to the Web Sites, User agrees to provide only true, accurate, current and complete information. By creating a user account, User accepts responsibility for all activities that occur under User’s account or password. User further agrees to not sell, transfer or assign the user account. User is responsible for maintaining the confidentiality of User’s password and limit access to any password-protected portion via use of the user account and password.

8. Promotions
The Web Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is the User’s responsibility to review those rules to determine whether or not User’s participation, registration or entry will be valid or restricted.

9. Software
Any software that is made available for download or Use from the Web Sites and/or our servers (hereinafter “Software”) is the copyrighted work of EM GEAR or its respective licensors or suppliers. User’s Use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (hereinafter “License Agreement”). Please carefully read the respective License Agreement(s) and the Terms to determine the conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.

10. Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EM Gear’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit EM Gear to locate the material; (d) information reasonably sufficient to permit EM Gear to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EM Gear’s copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows:

By mail:
Copyright Agent
EM Gear, a division of Cirr(x) Group, LLC
1250 Old Alpharetta Rd
Alpharetta, GA 30005

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

It is EM Gear’s policy is to terminate User accounts who (in our sole discretion) are repeat copyright infringers.

11. Third Party Content and Referrals
The Web Sites contain Content that is provided for its User’s convenience and enjoyment including but not limited to access to referrals to merchants and vendors (hereinafter “Referrals”). Referrals and other third parties provide some of the Content contained on the Web Sites. User should be aware that the Content may contain errors, omissions, inaccuracies, and possible outdated information and content. The Content may also be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of the Referrals or third parties. EM Gear makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any inaccuracies.

Referrals or third party advertisers may subscribe for a fee to the Web Sites and offer goods, services and other materials (hereinafter collectively “Advertisers”) to Users on the Web Sites. User correspondence and business dealings with Advertisers and/ or other third parties found on or through the Web Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between or among the respective User, Advertisers and/ or third parties. User further agrees that in no event shall EM Gear be responsible or liable to User or to any third party for any direct or indirect, special, incidental, or consequential damages in connection with or arising from Use of the Web Sites including but not limited to damages, incurred as the result of any dealings with Advertisers or third parties found the Web Sites, from errors, omissions, or delays that may be attributed to Use of any product, support, services, information, or software from the Web Sites, including but not limited to lost profits or lost data, even if EM Gear has been advised of the potential possibility of such damages. Any descriptions of, or references to, products, services of Advertisers or publications within the Web Sites do not constitute an endorsement of that product, service or publication by EM Gear.

12. Submitted Information
The Web Sites contain functionality which allows Users to submit information, data, software, messages, photographs, audio, video, text and other materials to the Web Sites (hereinafter “Upload Information”). The Web Sites offer forums, bulletin boards, comment systems, wiki, chat rooms, other interactive areas and other forms of technology (hereinafter “User Forums”) where Users are allowed to Upload Information. EM Gear, its subsidiaries or affiliates or the respective individual directors, officers, employees, or other representatives of each (collectively, the “Company Entities and Individuals”) do not endorse the Content posted in User Forums. EM Gear reserves the right, but is not obligated, to delete, move or edit User Upload Information, in whole or in part at their sole discretion. EM Gear reserves the right to suspend or terminate User access to the Web Sites and pursue all legal remedies if EM Gear believes User’s Upload Information infringes another’s copyright or otherwise violates the Terms contained herein, the law, any rule or any regulation. User acknowledges and agrees that accepting payment for Uploading Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, is prohibited. User acknowledges that User is solely responsible for their respective Upload Information. EM Gear shall not be responsible or liable for any of the User’s Upload Information including, but not limited to any errors or omissions, losses or damages incurred as a result of the posted Upload Information. User by the act of uploading or otherwise submitting Upload Information constitutes acceptance of the Terms. Further, User represents and warrants that all Upload Information is original work created by User or User has all necessary rights to post the Upload Information to the Web Sites under the Terms. User further represents and warrants that the Upload Information is not defamatory, or infringes upon, misappropriates, or violates any rights or law, rule or regulation. User agrees that User is solely liable for any and all costs, claims, investigations, liabilities created by, judgments, settlements, cost and expenses connected to or arising from the User’s breach of representations and warranties of the Terms.

Except as otherwise described in the EM Gear Privacy Policy or other agreements on the Web Sites, User Upload Information will be treated as non-confidential and non-proprietary. EM Gear shall not be liable for any Use or disclosure of Upload Information. By submitting Upload Information via the Web Sites, User irrevocably grants to EM Gear, its subsidiaries, affiliates, and partners a nonexclusive, worldwide, royalty free license containing, without limitation, all right, title and interest in User’s Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in User’s Upload Information. User further agrees that EM GEAR, its subsidiaries, affiliates, and partners and the directors, officers, employees, licensees and other respective representatives of each will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to User, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of the Upload Information or portions of the Upload Information, and User’s name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such Upload Information. User further waives any moral rights User may have in and to any of their Upload Information, even if such material is altered or changed in a manner not agreeable to User. User understands and agrees that EM Gear, its subsidiaries, affiliates, and partners are not obligated to use Upload Information submitted through the Web Sites or otherwise, and may alternatively choose to discard, and limit or block access to Uploaded Information without any liability whatsoever.

User agrees and acknowledges that EM Gear, its subsidiaries, affiliates, and partners have no obligation to pre-screen Upload Information, but that EM Gear has the right, in its sole discretion to modify, transmit over various networks, move, block access to or remove any of the Upload Information. User agrees to evaluate, and bear all risks associated with the Use of the Web Sites and of any of the Upload Information.

13. Video Content
User agrees and acknowledges that the content contained in any video posted by EM Gear is for demonstration purposes only. Any opinions expressed in any videos are the opinions of the speaker and do not reflect the views of EM Gear, its management, or owners. EM Gear does not guarantee or assume any liability for the usefulness or effectiveness of any product demonstrated in any video. Products and third-party sites referenced or demonstrated in any video are not endorsed or recommended by EM Gear but are merely provided for informational purposes. EM Gear does not warrant or guarantee any products or services used or depicted in any video.

14. Disclaimer of Warranties and Liability
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY ENTITIES AND INDIVIDUALS MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT, SOFTWARE AND SERVICES ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONABILITY MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO OR BY ADVERTISERS AND / OR ANY THIRD PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED WEB SITE; AND/ OR (G) REFERRAL OR ADVERTISERS’ CONTENT, SERVICES OR PRODUCTS. EM GEAR DOES NOT WARRANT THAT ANY OF THE WEB SITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EM GEAR DOES NOT WARRANT THAT USER ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, EM GEAR SPECIFICALLY DISCLAIMS SUCH WARRANTIES. USER UNDERSTANDS THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, USER ACTS AT THEIR OWN RISK. USER REPRESENTS AND WARRANTS THAT THIER ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE USER CAN ACCESS OR USE THE WEB SITES, THE CONTENT AND/ OR SERVICESF. FURTHER, EM GEAR AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

COMPANY ENTITIES AND INDIVIDUALS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THE TERMS.

USER UNDERSTANDS AND AGREES THAT EM GEAR LIMITS ITS LIABILITY IN CONNECTION WITH USERS USE OF THE WEB SITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO USER FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, THE SERVICES OR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY EM GEAR OR LAW ENFORCEMENT AUTHORITIES REGARDING USER’S USE OF THE WEB SITES, SERVICES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO USER OR ANYONE ELSE FOR ANY LOSS OR INJURY.

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY INTERFACE UTILIZED BY USER TO USE THE WEB SITES INCLUDING BUT NOT LIMITED TO DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

USE BY THE USER OF THE WEB SITES CONSTITUTES USER’S ACCEPTANCE AND UNDERSTANDING THAT ACCESS TO AND USE OF THE WEB SITES IS AT USER’S RISK. IF USER IS DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.

USER FURTHER UNDERSTANDS AND AGREES THAT IN THE EVENT ANY DAMAGES, LOSSES OR INJURIES ARISE OUT OF COMPANY ENTITIES AND INDIVIDUALS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO USER ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE USER TO AN INJUNCTION OF ANY NATURE AGAINST THE COMPANY ENTITIES AND INDIVIDUALS OR THE WEB SITE.

USER UNDERSTANDS AND AGREES THAT USE OF THE WEB SITES CONSTITUTES A WAIVER OF USERS RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

USER AGREES AND ACKNOWLEDGES BY USE OF THE WEB SITES THAT IN THE EVENT ANY LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO THE USER, THAT THE COMPANY ENTITIES AND INDIVIDUAL’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

15. Indemnity
User agrees to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with the Terms, including, without limitation: (a) User’s Use of the Web Sites; (b) User’s violation of the Terms or any law, rule or regulation; (c) User’s Use of the Content; or (d) any of User’s Upload Information. User shall fully cooperate as required by EM GEAR in the defense of any claim. Notwithstanding the foregoing, EM Gear retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against EM Gear herein under the terms and provisions of this Section 15 and in no event shall User settle any such claim without EM Gear’s prior written approval.

16. Governing Law
The Terms shall be governed by and construed under the laws of the State of Georgia. In the event that any paragraph or paragraphs of the Terms shall be declared invalid or void by any court, such declaration shall not invalidate the Terms and all other paragraphs of the Terms shall remain in full force and effect.

17. Jurisdiction and Venue
User waives all rights to trial by jury in any action or proceeding instituted in connection with the Terms and/or the Web Sites. Any controversy or claim arising out of or relating to the Terms and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Georgia, in the County of Forsyth, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 16 of the Terms and/or for entering any judgment on an arbitration award, shall take place in the State of Georgia, County of Forsyth. User waives the defense of forum non conveniens.

18. Miscellaneous
User is solely responsible for compliance with the Terms, applicable laws, rules, and regulations in connection with the Use of the Web Sites and the Content, including, without limitation, those governing User’s transmission or Use of any service, software or data. The Terms and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content, the services offered and Upload Information and supersedes any and all other prior written or oral agreements between or amongst the parties. The section titles in the Terms are for convenience only and do not have any legal or contractual effect. User agrees that the Terms will not be construed against EM GEAR by virtue of having drafted the Terms. If any provision of the Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of the Terms. No waiver on the part of EM Gear of any of the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of EM Gear.

19. Termination
User understands and agrees that EM Gear shall determine compliance with the Terms in its sole discretion. EM Gear reserves the right to deny access to all or part of the Web Sites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of the Terms may be referred to law enforcement authorities. Upon termination of User’s account or access to the Web Site, or upon demand by Company, User must destroy all materials obtained from this Web Site.

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EM Gear
a division of Cirr(x) Group, LLC
1735 Buford Hwy
Ste 215-310
Cumming, GA 30041

Tel: 678-455-5850
www.emgear.com

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