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Welcome to the Internet site of SPEEDGEARﾩ ("SPD"). SPD is operated by Metro SPEEDGEAR, Inc. and its affiliates (referred to herein as "we", "us" or "our"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SPD SITE. By using the SPD site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the SPD site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this SPD site following the posting of changes to these terms will mean you accept these changes. ELECTRONIC COMMUNICATIONS When you visit speedgear.com 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. 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 materials and content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SPD or its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SPD and is protected by U.S. and international copyright laws. All software used on this site is the property of SPD or its software suppliers and is protected by United States and international copyright laws. TRADEMARKS SPEEDGEARﾩ and other marks indicated on our site are registered trademarks of SPD, its subsidiaries or affiliates, in the United States and other countries. SPEEDGEARﾩ AUCTIONS, and other SPEEDGEARﾩ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of SPD or its subsidiaries or affiliates. SPEEDGEAR's trademarks and trade dress may not be used in connection with any product or service that is not SPEEDGEAR's, without prior written approval from SPD. All other trademarks not owned by SPD or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SPD or its subsidiaries. LICENSE AND SITE ACCESS SPD grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SPD. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SPD. 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 SPD and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing SPD's name or trademarks without the express written consent of SPD. Any unauthorized use terminates the permission or license granted by SPD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SPD so long as the link does not portray SPD, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SPD logo or other proprietary graphic or trademark as part of the link without express written permission. INDEMNIFICATION You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. COPYRIGHT COMPLAINTS SPD and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at Info@Speedgear.com. RISK OF LOSS All items purchased from SPD 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. PRODUCT DESCRIPTIONS SPD and its affiliates attempt to be as accurate as possible. However, SPD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SPD itself is not as described, your sole remedy is to return it in unused condition within 30 days of the ship date. OTHER BUSINESSES Parties other than SPD and its subsidiaries operate stores, provide services, or sell product lines on this site. 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. SPD 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 THIS SITE IS PROVIDED BY SPD ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SPD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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. APPLICABLE LAW By visiting SPD, you agree that the laws of the state of New York, 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 SPD or its affiliates. DISPUTES Any dispute relating in any way to your visit to speedgear.com or to products you purchase through speedgear.com shall be submitted to confidential arbitration in Mamaroneck, New York, except that, to the extent you have in any manner violated or threatened to violate SPD's intellectual property rights, SPD may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Pricing and Availability policy, posted on this site. These policies also govern your visit to speedgear.com. We reserve the right to make changes to our site, policies, 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.
SpeedGear.com - F1 Marketing Group, Inc. Copyright 2009 All Rights Reserved.
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