Aug 16, 2019
1. Your relationship with Gearco
1.1 Your use of Gearco's products, software, services and web sites
(referred to collectively as the "Services" in this document and excluding any
services provided to you by Gearco under a separate written agreement) is
subject to the terms of a legal agreement between you and Gearco. "Gearco"
means Gearco Inc., whose principal place of business is in the state of
Georgia, United States. This document explains how the agreement is made up,
and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Gearco, your agreement with Gearco
will always include, at a minimum, the terms and conditions set out in this
document. These are referred to below as the "Universal Terms".
1.3 Your agreement with Gearco will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal Terms. All of
these are referred to below as the "Additional Terms". Where Additional Terms
apply to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a
legally binding agreement between you and Gearco in relation to your use of the
Services. It is important that you take the time to read them carefully.
Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say
and what the Universal Terms say, then the Additional Terms shall take
precedence in relation to that Service.
Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You
may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this
option is made available to you by Gearco in the user interface for any
(B) By actually using the Services. In this case, you
understand and agree that Gearco will treat your use of the Services as
acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you
are not of legal age to form a binding contract with Gearco, or (b) you are a
person barred from receiving the Services under the laws of the United States
or other countries including the country in which you are resident or from
which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the
Universal Terms for your records.
Language of the Terms
3.1 Where Gearco has provided you with a translation of the English
language version of the Terms, then you agree that the translation is provided
for your convenience only and that the English language versions of the Terms
will govern your relationship with Gearco.
3.2 If there is any contradiction between what the English language
version of the Terms says and what a translation says, then the English
language version shall take precedence.
Provision of the Services by Gearco
4.1 Gearco has subsidiaries and affiliated legal entities around the
world ("Subsidiaries and Affiliates"). Sometimes, these companies will be
providing the Services to you on behalf of Gearco itself. You acknowledge and
agree that Subsidiaries and Affiliates will be entitled to provide the Services
4.2 Gearco is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of
the Services which Gearco provides may change from time to time without prior
notice to you.
4.3 You may stop using the Services at any time. Until you inform Gearco,
you will continue to be billed at your agreed monthly amount as described in the "Additional Terms of Service"
4.4 You acknowledge and agree in such event, that if Gearco disables
access to your account, you may be prevented from accessing the Services, your account
details or any files or other content which is contained in your account.
of the Services by you
5.1 In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details) as part
of the registration process for the Service, or as part of your continued use
of the Services. You agree that any registration information you give to Gearco
will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions (including any laws
regarding the export of data or software to and from the United States or other
5.3 You agree not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by Gearco, unless
you have been specifically allowed to do so in a separate agreement with Gearco.
You specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt
file present on the Services.
5.4 You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are connected
to the Services).
5.5 Unless you have been specifically permitted to do so in a separate
agreement with Gearco, you agree that you will not reproduce, duplicate, copy,
sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Gearco has no
responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which Gearco
may suffer) of any such breach.
passwords and account security
6.1 You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access the
6.2 Accordingly, you agree that you will be solely responsible to Gearco
for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of
your account, you agree to notify Gearco immediately.
7. Privacy and your
7.1 We may collect information about the services that you use and how you use them, like when you visit a website that uses our services or you view and interact with our ads and content.
You agree to the use of your data in accordance with Gearco's privacy policies.
Content in the Services
8.1 You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of, or through
your use of, the Services are the sole responsibility of the person from which
such content originated. All such information is referred to below as the
8.2 You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services and
sponsored Content within the Services may be protected by intellectual property
rights which are owned by the sponsors or advertisers who provide that Content
to Gearco (or by other persons or companies on their behalf). You may not
modify, rent, lease, loan, sell, distribute or create derivative works based on
this Content (either in whole or in part) unless you have been specifically
told that you may do so by Gearco or by the owners of that Content, in a
8.3 Gearco reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all Content
from any Service. For some of the Services, Gearco may provide tools to filter
out explicit sexual content.
8.4 You agree that you are solely responsible for (and that Gearco has no
responsibility to you or to any third party for) any Content that you create,
transmit or display while using the Services and for the consequences of your
actions (including any loss or damage which Gearco may suffer) by doing so.
9.1 You acknowledge and agree that Gearco (or Gearco's licensors) own all
legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those
rights happen to be registered or not, and wherever in the world those rights
may exist). You further acknowledge that the Services may contain information
which is designated confidential by Gearco and that you shall not disclose such
information without Gearco's prior written consent.
9.2 Unless you have agreed otherwise in writing with Gearco, nothing in
the Terms gives you a right to use any of Gearco's trade names, trade marks,
service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand
features in a separate written agreement with Gearco, then you agree that your
use of such features shall be in compliance with that agreement, any applicable
provisions of the Terms, and Gearco's brand feature use guidelines as updated
from time to time.
Other than the limited license set forth in Section 11, Gearco acknowledges and
agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or to any Content that you
submit, post, transmit or display on, or through, the Services, including any
intellectual property rights which subsist in that Content (whether those
rights happen to be registered or not, and wherever in the world those rights
may exist). Unless you have agreed otherwise in writing with Gearco, you agree
that you are responsible for protecting and enforcing those rights and that Gearco
has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark notices) which
may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Gearco,
you agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely
or intended to cause confusion about the owner or authorized user of such
marks, names or logos.
License from Gearco
10.1 Gearco gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software provided to you by Gearco as part
of the Services as provided to you by Gearco (referred to as the "Software"
below). This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Gearco, in the manner permitted by
10.2 You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise attempt
to extract the source code of the Software or any part thereof, unless this is
expressly permitted or required by law, or unless you have been specifically
told that you may do so by Gearco, in writing.
10.3 Unless Gearco has given you specific written permission to do so,
you may not assign (or grant a sub-license of) your rights to use the Software,
grant a security interest in or over your rights to use the Software, or
otherwise transfer any part of your rights to use the Software.
Content license from you
11.1 You agree that this license includes a right for Gearco to make such
Content available to other companies, organizations or individuals with whom Gearco
has relationships for the provision of syndicated services, and to use such
Content in connection with the provision of those services.
11.2 You understand that Gearco, in performing the required technical
steps to provide the Services to our users, may (a) transmit or distribute your
Content over various public networks and in various media; and (b) make such
changes to your Content as are necessary to conform and adapt that Content to
the technical requirements of connecting networks, devices, services or media.
You agree that this license shall permit Gearco to take these actions.
11.3 You confirm and warrant to Gearco that you have all the rights,
power and authority necessary to grant the above license.
12.1 The Software which you use may automatically download and install
updates from time to time from Gearco. These updates are designed to improve,
enhance and further develop the Services and may take the form of bug fixes,
enhanced functions, new software modules and completely new versions. You agree
to receive such updates (and permit Gearco to deliver these to you) as part of
your use of the Services.
Ending your relationship with Gearco
13.1 The Terms will continue to apply until terminated by either you or Gearco
as set out below.
13.2 If you want to terminate your legal agreement with Gearco, you may
do so by (a) notifying Gearco at any time and (b) closing your accounts for all
of the Services which you use, where Gearco has made this option available to
you. Your notice should be sent, in writing, to Gearco.
13.3 Gearco may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have
acted in manner which clearly shows that you do not intend to, or are unable to
comply with the provisions of the Terms); or
(B) Gearco is required to do so by law (for example, where
the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom Gearco offered the Services to
you has terminated its relationship with Gearco or ceased to offer the Services
to you; or
(D) Gearco is transitioning to no longer providing the
Services to users in the country in which you are resident or from which you
use the service; or
(E) The provision of the Services to you by Gearco is, in Gearco's
opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Gearco's rights regarding
provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights,
obligations and liabilities that you and Gearco have benefited from, been
subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of paragraph 20.7 shall continue to apply to
such rights, obligations and liabilities indefinitely.
Any Content associted with your account will be permanently removed
from Gearco systems after 30 days of ending your relationship. It is your responsible
to obtain and keep any Content before your relationship ends for Gearco.
13.6 Products and services purchased from Gearco are non-refundable. You may submit a refund exception request to cancel@GearcoInc.com.
Refund requests will go through an approval process and if considered, the following may apply:
(A) The refund process will take 10 to 15 business days.
(B) A 10% refund fee will apply, meaning 90% will be refunded.
(C) The refunded amount will be issued to the same form of payment as the purchase within 3 to 5 business days after the refund process.
EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE
OR LIMIT GEARCO'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH
OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS
14.3 IN PARTICULAR, GEARCO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE
OF THE SERVICES WILL BE ACCURATE BASED ON TRANSACTED DATA OR RELIABLE,
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED, AND
(E) ALL PRODUCTS OR SERVICES WILL REMAIN AVAILABLE WITHOUT CHANGE OR TERMINATION DUE TO
SECURITY STANDARDS, HARDWARE AVAILIBILTY, OR OTHER UNKNOWNS.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Gearco OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
14.6 Gearco FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOU AND Gearco, THEIR SUBSIDIARIES AND AFFILIATES, AND THEIR
LICENSORS SHALL NOT BE LIABLE TO THE OTHER FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE OTHER PARTY, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY... THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF
PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR
BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE OTHER PARTY,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH EITHER PARTY MAY MAKE TO THE
SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR
FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE GEARCO WITH ACCURATE
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR
ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON LIABILITY IN PARAGRAPH 15.1 ABOVE
SHALL APPLY WHETHER OR NOT EITHER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE
OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies
16.1 It is Gearco's policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property
law (including, in the United States, the Digital Millennium Copyright Act) and
to terminating the accounts of repeat infringers.
Advertisements on free services
17.1 Some of the Services are supported by advertising revenue and may display
advertisements and promotions. These advertisements may be targeted to the
content of information stored on the Services, queries made through the
Services or other information.
17.2 The manner, mode and extent of advertising by Gearco on the Services
are subject to change without specific notice to you.
17.3 In consideration for Gearco granting you access to and use of the
Services, you agree that Gearco may place such advertising on the Services.
18.1 The Services may include hyperlinks to other web sites or content or
resources. Gearco may have no control over any web sites or resources which are
provided by companies or persons other than Gearco.
18.2 You acknowledge and agree that Gearco is not responsible for the
availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web sites or
18.3 You acknowledge and agree that Gearco is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external
sites or resources, or as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
Changes to the Terms
19.1 Gearco may make changes to the Universal Terms or Additional Terms
from time to time. When these changes are made, Gearco will make a new copy of
the Universal Terms available at http://www.GearcoApps.com/TOS and any new
Additional Terms will be made available to you from within, or through, the
19.2 You understand and agree that if you use the Services after the date
on which the Universal Terms or Additional Terms have changed, Gearco will
treat your use as acceptance of the updated Universal Terms or Additional
General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece of
software, or purchase goods, which are provided by another person or company.
Your use of these other services, software or goods may be subject to separate
terms between you and the company or person concerned. If so, the Terms do not
affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Gearco
and govern your use of the Services (but excluding any services which Gearco
may provide to you under a separate written agreement), and completely replace
any prior agreements between you and Gearco in relation to the Services.
20.3 You agree that Gearco may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on the
20.4 You agree that if Gearco does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which Gearco has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Gearco's rights and that those rights or remedies will still be
available to Gearco.
20.5 If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms is invalid, then that provision
will be removed from the Terms without affecting the rest of the Terms. The
remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies
of which Gearco is the parent shall be third party beneficiaries to the Terms
and that such other companies shall be entitled to directly enforce, and rely
upon, any provision of the Terms which confers a benefit on (or rights in favor
of) them. Other than this, no other person or company shall be third party
beneficiaries to the Terms.
20.7 The Terms, and your relationship with Gearco under the Terms, shall
be governed by the laws of the State of Georgia without regard to its
conflict of laws provisions. You and Gearco agree to submit to the exclusive
jurisdiction of the courts located within the county of Gwinnett, Georgia to
resolve any legal matter arising from the Terms. Notwithstanding this, you
agree that Gearco shall still be allowed to apply for injunctive remedies (or
an equivalent type of urgent legal relief) in any jurisdiction.