Terms of Service
Last Modified: 2/2/2019
Acceptance of the Terms of Service
Jody Moore LLC. (“GearPro”) makes its Gear Management Service available subject to the following Terms of Service (the “Terms of Service”).
These Terms of Service may apply to you variously in your capacity or capacities, as follows:
An individual who has been authorized by an organization (an “Organization”) to use the Service on the Organization’s behalf (an “Authorized User”)
An individual who is using the Service on his or her own behalf (an “End User”)
By using our online platform, including our website, Gearprogms.com and our mobile application (the “Site”) or any other products that link to our Service, whether as a guest or a registered user (together with the Site, the “Service”) you accept and agree to be bound and abide by these Terms of Service which include any end user license agreement for any Gearpro application that you use to access the Service (including, but not limited to, any Gearpro iOS, Android or BlackBerry application); the Application Developer and API License Agreement, the Privacy Policy, found at https://gearprogms/privacy and our Cookie Policy found at https://gearprogms/cookie, all of which are incorporated herein by reference. These Terms of Service form a legally binding contract between (i) you and Gearpro and (ii) if you are using this Service on behalf of an Organization, Gearpro and your Organization, so please read them carefully. If you do not agree to these Terms of Service you must not access or use the Service.
For Authorized Users Only. If you are acting as an Authorized User of the Service, you have the authority to act on behalf of your Organization and you agree on its behalf that these Terms of Service and the Data Protection Agreement located at https://gearprogms/dpa form legally binding contracts between your Organization and Gearpro. Any references to “you” shall be interpreted to include your Organization. If your Organization does not agree to the Terms of Service or has not executed the Data Protection Agreement, you must not access or use the Service.
ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND GEARPRO AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND GEARPRO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Who Can Use the Service
The Service is offered and available to users who are older than 15. However, if you are below the age of 18 years, please obtain the permission of your parent or guardian before using our Service. By using the Service, you represent and warrant that:
you are of legal age to form a binding contract with Gearpro or you have obtained the consent of your parent.
If you are an Authorized User, you have the authority and all necessary permissions to upload any data you upload onto the Site (“Data”).
you have obtained all consents and authorizations required under law to share with Gearpro any Data that you upload onto the Service.
you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.
You will comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.
If you do not meet all of these requirements, you must not access or the Service. If Gearpro has reason to suspect that you are not in compliance with any of the foregoing, it may suspend or terminate your account and deny you access to the Service.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site or the corresponding application.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you use the Service so you are aware of any changes, as they are binding on you.
Information Provided to Us
As you use the Service, you may consent to our use of Organization Data for the additional purposes set out in our privacy policy and such other purposes as we may disclose to you and to which you may consent. You understand and agree that we will act as a controller of that Organization Data for those particular purposes. However, your Organization shall continue to be the controller with regard to your right to modify, remove or erase such data from the Service.
We shall be the controller of all data that we receive directly from you that is not Organization Data.
Accessing the Site and Account Security
You may browse the Service without registering, but you understand that some features of the Service may not be accessible to you unless you register. In registering for the Service, you agree:
To provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data").
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
That all information you provide to register for the Service or otherwise, including but not limited to through the use of any interactive features of the Service, is governed by our https://gearprogms/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
As you use the Service, you are responsible for:
Making all arrangements necessary for you to have access to the Service.
Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Acknowledgements Regarding Site Content
You hereby acknowledge and agree that:
Your communication of sensitive financial and personal information to the Site or by email may not be one hundred percent secure due to reasons relating to your device, the communications lines you may be using and other reasons use and transmission of information on the internet that are not within our control (or possibly even your control).
If you enter into any agreement with a third party as a result of any opportunity of which you become aware through the Service, Gearpro is not liable for, and takes no responsibility for, any contract entered into by you and the third party.
If you submit any material to the Site you understand and accept that Gearpro and your Organization may make use of that material in accordance with these Terms of Service and our Privacy Policy.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Gearpro and its licensors or other providers of such material and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All such rights are reserved.
These Terms of Service permit you to use the Service for your personal, non-commercial use or, if you are an Authorized User to use the Service on behalf of your Organization, as contemplated by these Terms of Service, only. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Trademarks
The Gearpro name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gearpro or its affiliates or licensors. You must not use such marks without the prior written permission of Gearpro. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS GEARPRO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Termination
Gearpro may, under certain circumstances and without prior notice, immediately terminate your account or access to the Service. Cause for such termination shall include, but not be limited to:
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Service is based in the state of Illinois in the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. UNDER NO CIRCUMSTANCES WILL GEARPRO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH (EXCEPT AS A RESULT OF GEARPRO’S PROVEN NEGLIGENCE OR FRAUDULENT MISREPRESENTATION), RESULTING FROM USE OF THE SERVICE FROM ANY INFORMATION CONTAINED IN ANY MERIT, USER CONTRIBUTION POSTED ON THE SITE, DATA SHARED BY ANY ORGANIZATION OR FROM ANY USERS OF THE SITE WHETHER ONLINE OR OFFLINE.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE ITS CONTENT, AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GEARPRO NOR ANY PERSON ASSOCIATED WITH GEARPRO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, ANY ACTIVITY PROMOTED ON THE SITE, OR THE CONTENT CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER GEARPRO NOR ANYONE ASSOCIATED WITH GEARPRO REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF GEARPRO.
TO THE FULLEST EXTENT PROVIDED BY LAW, GEARPRO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GEARPRO, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (THE “GEARPRO PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICE , ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE GEARPRO PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, ACCURACY, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR DATA, YOUR MERITS AND OTHER USER CONTRIBUTIONS), USER COMMUNICATIONS OR PERSONALIZED SETTINGS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GEARPRO UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
Indemnification
You agree to defend, indemnify, and hold harmless the Gearpro Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Site’s content, Service, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.
No Third Party Beneficiaries
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND GEARPRO TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Gearpro agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms of Service or the use of the Service that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Gearpro are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms of Service.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through JAMS, Inc., or its successor (“JAMS”) and will be governed by the Jams Streamlined Arbitration Rules & Procedures and any other applicable rules that JAMS requires. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Gearpro. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms of Service. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Gearpro.
Waiver of Jury Trial. YOU AND GEARPRO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Gearpro are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GEARPRO over whether to vacate or enforce an arbitration award, YOU AND GEARPRO WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE INDIVIDUAL OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the Section entitled “Governing Law and Jurisdiction/Exclusive Venue”.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against hom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Gearpro can force the other to arbitrate. To opt out, you must notify Gearpro in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to Jody Moore LLC , or email the opt-out notice two jody@gearprogms.com
Small Claims Court. Notwithstanding the foregoing, either you or Gearpro may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Gearpro.
Governing Law and Jurisdiction; Exclusive Venue
To the extent that these Terms of Service allow you or Gearpro to initiate litigation in a court, both you and Gearpro agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms of Service or the use of the Service will be litigated YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
No Assignment
You may not assign or delegate any right or obligation under the Terms of Service, by operation of law or otherwise, without the prior written consent of Gearpro. Gearpro may assign or delegate any right or obligation under the Terms of Service, by operation of law or otherwise, without your consent.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Gearpro of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gearpro to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Notices
Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail Attn: Legal Department, Jody Moore LLC ., or by email to help@gearprogms.com Any notice to you sh
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.
Survival
The provisions of this Agreement that should by their nature survive termination of this Agreement shall survive such termination.
Entire Agreement
The Terms of Service, our Privacy Policy and our Cookie Policy constitute the sole and entire agreement between you and Jody Moore LLC. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
Your Comments and Concerns
This Site is operated by Jody Moore LLC .
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy https://gearprogms/copyright in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: jody@gearprogms.com
