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Terms of Use

Date of Last Revision: 12-22-10


These Terms of Use are applicable to the websites located at the http://www.liongear.com domain (the "Sites") owned and operated by Lion Gear, LLC ("Lion Gear"). The Sites were designed to promote the various products and services offered by Lion Gear and encourage participation in the various activities and promotions available on the Sites.

PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE USING THIS SITE. BY VISITING THE LION GEAR SITES, YOU ARE ACCEPTING, WITHOUT MODIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY PORTION OF THE TERMS OF USE, THEN EXIT THE SITES IMMEDIATELY AND DO NOT RETURN. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD, OR DELETE THE TERMS OF USE FROM TIME TO TIME WITHOUT FURTHER NOTICE. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE MEAN YOU AGREE TO THE NEW TERMS. If we make material changes to these Terms of Use, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. If we intend to apply the modifications or amendments retroactively, we will provide you with notice of the modifications or amendments.

1.   Privacy Policy

These Terms incorporate by reference the Lion Gear Privacy Policy (posted separately) and all other Lion Gear policies, rules, guidelines, terms and conditions on the Sites.

2.   Children and Minors

If you are under the age of 13, you should use the Sites only under the immediate supervision of a parent or guardian and should not submit any personal information to us. Our Website is not intentionally targeted to children under the age of 13. IF YOU ARE UNDER 13, THEN IMMEDIATELY EXIT THE SITES UNLESS YOU ARE DIRECTLY SUPERVISED BY A PARENT OR OTHER LEGAL GUARDIAN. We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.

3.   Proprietary Rights in Site Content

All of the content on the Sites including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned or being used by permission by Lion Gear, its licensors, vendors, agents or content providers. All elements of the Sites including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be expressly set forth on the Sites, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth on the Sites, you may only view, play, print, and download Content on the Sites for your own personal, informational, and noncommercial purposes only. The Sites and the Content will remain the exclusive property of Lion Gear or its licensors unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the Site.

4.   Third Party Websites and Content

Links to Third-Party web sites are provided for convenience only. Lion Gear does not endorse nor support the content of third party links. Lion Gear is not responsible for the content of a third-party web site. By clicking on a third party link, you will leave the Lion Gear web site. Privacy and security policies may differ from those practiced by Lion Gear. Lion Gear does not represent either the third party or the member if the two enter into a transaction. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

5.   Widgets

We may make available to you Lion Gear Widgets via the Site. Our Widgets are a self-contained application through which you can display select content, products and services. Subject to these Terms, you may display Widgets on your website provided that you do not: a) modify the Widgets; b) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Widgets. You understand and agree that the Widgets, a part of the Sites and Services, are made available to you "as-is" without warranty of any kind.

6.   User Submissions

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Lion Gear may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Lion Gear violates this Agreement or other Lion Gear policies, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Lion Gear an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

7.   Termination

Lion Gear may suspend or terminate your account or your use of the Sites or any Network at any time, without notice, for any reason or for no reason. It may also block your access to the Sites in the event that: (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Users or us. Lion Gear also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time. Upon any such termination, your rights to access and use the Sites and Services shall automatically terminate. Lion Gear has no obligation to delete, remove, or retain your activity but all activity may be recorded and saved by Lion Gear in its archives.

8.   Disclaimer

YOU AGREE THAT YOUR USE OF THE SITES AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE SITES AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. LION GEAR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITES AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. LION GEAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SITES OR SERVICES; (III) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES REFERENCED ON OR THROUGH THE SITES OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LION GEAR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES OR SERVICES. LION GEAR DOES NOT GUARANTEE ANY NUMBER OF PRODUCT SALES OR TRANSACTIONS THROUGH THE SITES AND/OR SERVICES, AND YOU ACKNOWLEDGES AND AGREES THAT YOU HAVE NO EXPECTATION OF OBTAINING ANY ANTICIPATED AMOUNT OF CUSTOMERS, SALES OR OTHER RESULTS BY VIRTUE OF THESE TERMS OF USE, OR YOUR USE OF THE SITES AND SERVICES.

9.   Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL LION GEAR BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF LION GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LION GEAR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF (A) $100 OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES. YOU AND LION GEAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR PRODUCTS, SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITES AND SERVICES.

10.   Governing Law

This Privacy Policy and any Terms of Use provided on this Website shall be governed by, construed and enforced in accordance with the laws of the State of Oklahoma, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Lion Gear brings to enforce the Terms of Use, or in connection with any matters related to this Website and/or the Terms of Use, shall be brought only in either the state or Federal courts located in Tulsa County in the State of Oklahoma. You agree to submit to the personal jurisdiction of the courts of the State of Oklahoma for any cause of action arising out of the Terms of Use. You agree to file any cause of action with respect to the Terms of Use within one year after the cause of action arises. You agree that a cause of action filed after this date is barred. If any provision of the Terms of Use, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of the Terms of Use shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, the Privacy Policy and the Terms of Use presented on this Website comprise the entire agreement between you and Lion Gear with respect to the use of this Website and shall not be modified except in writing, signed by an authorized representative of Lion Gear.

10.1 European Union and Other Foreign NationsThis Website is governed by and operated in accordance with the laws of United States of America (USA). Lion Gear makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the USA acknowledge this Website is subject to USA law, consent to the transfer of personal data to the USA, and waive any claims that may arise under their own national laws.

11.   Indemnity

You will indemnify, defend at Lion Gear's request, and hold harmless Lion Gear, its affiliates and their officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney's fees, litigation expenses and settlement amounts) arising from or related to any of the following, provided that the foregoing obligation to defend will apply only to claims or actions brought by a third party against an Indemnified Party: (i) your use of, or inability to use, the Sites and Services, Content or products, (ii) your violation of any these Terms of Use; (iii) your violation of any law, rule or regulation, whether local, state, federal or international; (iv) any other party's access and use of the Sites with your unique username, password or other appropriate security code; or (v) any negligence or willful misconduct by you. You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

12.   Questions- Contact Us

If you have questions about these Terms of Use or other Lion Gear policies feel free to contact us at service@liongear.com.