USE OF THIS SITE
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify BlackXGear.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BlackXGear.com or any other user of or visitor to the Site due to someone else using your password or account as a result of you failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. BlackXGear.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, or cancel orders, if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
While BlackXGear.com strives to provide accurate pricing information, pricing or typographical errors may occur. BlackXGear.com cannot confirm the price of an item until after you place your order. In the event that an item is listed at an incorrect price due to an error in pricing, BlackXGear.com shall have the right, at BlackXGear.com sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, BlackXGear.com may, at BlackXGear.com's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
BlackXGear.com attempts to be accurate in its product presentations. However, BlackXGear.com does not guarantee product descriptions, product appearance as displayed in photographs, or other product information on this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as it is described on this Site, your sole remedy is to return it per our Return Policy in unworn, unused, unwashed, and undamaged condition, with all original tags intact and attached.
BlackXGear.com has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, BlackXGear.com cannot guarantee that your monitor's display of any color will be accurate.
QUANTITY LIMITS AND DEALER SALES
LIMITED PRODUCT WARRANTY
BlackXGear.com warrants that at the time of delivery the products sold through this Site shall be free from defects in materials and workmanship and shall conform to BlackXGear.com’s product specifications. Claims for defects must be received by BlackXGear.com within six months from BlackXGear.com’s delivery of the product on which the claim is based. BlackXGear.com’s obligation hereunder is limited to the replacement of defective products or credit to you for defective products returned to BlackXGear.com per our Return Policy. Except for this warranty and except as required by applicable law, BlackXGear.com MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND BlackXGear.com EXPRESSLY EXCLUDES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent that any warranty language on the product packaging differs from this paragraph, the product packaging shall control.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BlackXGear.COM OR ANY OF ITS AFFILIATES, ASSOCIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BlackXGear.COM HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BlackXGear.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO BlackXGear.COM (IF ANY) IN CONNECTION WITH YOUR USE OF THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
USER REVIEWS, FEEDBACK, SUBMISSIONS
LINKS TO OTHER WEBSITES
This Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to this Site with or without our authorization, and we may block any links to or from this Site. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Product names, trade names, trademarks and service marks (collectively, the “Marks”) are the property of BlackXGear.com, its affiliates or third party entities/individuals (whether or not such Marks include TM or ®). Images on this Site (including without limitation images of people, products, and places) are either the property of, or used with permission by BlackXGear.com. The use or misuse of the Marks or images, except as expressly authorized, is prohibited. BlackXGear.com and its affiliates enforce their intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact the a2zgear, LLC team at 1305 N. Commerce Dr. Ste 100, Saratoga Springs UT 84045.
GOVERNING LAW; DISPUTE RESOLUTION
COPYRIGHT PERMISSION NOTICE
Copyright in the material and information provided in this Site is owned by or licensed to BlackXGear.com or its affiliates. You are authorized to use this material or information only for personal, non-commercial purposes. You may download, print and store copies of this material or information for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material or information and you may not publish, retransmit or otherwise distribute reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all, or any part of, this Site or any information or materials made available through this Site. You may not modify the material or information in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material or information, or any portion thereof, is or shall be granted or implied.
CLAIMS OF COPYRIGHT INFRINGEMENT
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 in good faith that materials available on this Site infringe your copyright, you (or your agent) may send BlackXGear.com a notice requesting that BlackXGear.com remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send BlackXGear.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. We suggest that you consult your legal advisor before submitting a notice or counter-notice. Last updated October 13, 2017