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Home > About Us > Terms of Use

Terms of Use

1. About the Terms of Use
The Geartest.com Web site (the "Site") is owned and operated by Geartest.com ("Geartest.com"), a privately-held partnership (the "Owners").

The Site is for your personal information, education, entertainment, and communication.

Your use of, and access to the Site are subject to the following terms and conditions ("Terms of Use") and all applicable laws.

By accessing and browsing the Site, you accept, without limitation or qualification, each and every one of the Terms of Use.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE SET OUT BELOW, PLEASE DISCONTINUE YOUR USE OF THIS SITE.

Geartest.com reserves the right, in its sole discretion and without notice to you, to modify, alter or otherwise update these Terms of Use at any time, and you agree to be bound by such modifications, alterations or updates.

No waiver of any breach or default hereunder by either you or Geartest.com, its Owners, representatives, agents, affiliates, associates, members, suppliers, creditors, content providers, nor by any individuals, organizations or legal entities associated with the Site, jointly or severally, shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

If any provisions contained herein shall be determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable or in conflict with any other provision contained herein, such determination shall render the provision that favors Geartest.com to be applicable unless otherwise determined by the aforementioned court.

The headings and formatting of this document are for your convenience only and shall have no bearing on any legal implications or interpretations of this document whatsoever.

2. Copyrights and trademarks
All copyright material on this Site, including but not limited to images, illustrations, audio or video is protected by copyright which is owned and controlled by Geartest.com, its Owners, or by other parties that have licensed their material to Geartest.com, or by parties that have placed their material in the public domain for use by third parties.

Any other material appearing on this Site that does not specifically fall within the purview of the aformentioned copyrights fall under the applicable laws governing journalistic use of intellectual property, including but not limited to copyrighted and trademarked materials.

With the exception of Geartest.com and its Owners, no material from the Site may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, displayed, "framed", "mirrored" or otherwise duplicated, distributed, sold or exploited commercially or otherwise for any purpose, in any way, by any means, in any form, manual, mechanical, electronic, recorded, photocopied, photographed, scanned, or otherwise, without the express written consent of Geartest.com and its Owners, unless otherwise specified.

You may, in the course of browsing this Site, download one copy of the Site's content on any single computer through your Web browser's proper use of Hypertext Transfer Protocol for the purposes of your personal, private, non-public, non-commercial reading or viewing of said Site's content, as intended by Geartest.com and its Owners.

You may save and/or store one copy of this Site's content on any single computer for the purposes of your personal, private, non-public, non-commercial reading or viewing of said Site's content, as intended by Geartest.com and its Owners.

You may save and/or store one copy of this Site's content on an external data storage medium for the purposes of creating a personal, private, non-public, non-commercial precautionary "backup" copy of the data stored in your computer that allows you to recover and restore said data and content to where it resided on your computer in the eventuality of a computer failure or "crash", as intended by Geartest.com and its Owners.

You may print one copy of this Site's content on any single printer for purposes of your personal, private, non-public, non-commercial reading or viewing of said Site's content, as intended by Geartest.com and its Owners.

You agree that you do not acquire any rights in, or to any downloaded content.

You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and in any content accessed through the Site.

Modification of material on the Site or use of such material for any other purpose is a violation of the copyright in such material and other proprietary rights and any rights violated.

This Site is protected under domestic copyright, trademark and other applicable intellectual property and proprietary rights laws of Canada and other countries, international laws governing intellectual property and proprietary rights, as well as any and all declarations, agreements and treaties governing intellectual property and proprietary rights to which Canada is a signatory.

Company, product and service names appearing on this site are, or may be trademarks or servicemarks registered in Canada or elsewhere to third parties unassociated with Geartest.com, and are included on this Site for identification purposes only and are not licensed to, or by Geartest.com in any way unless otherwise specified.

Nothing contained on this Site should be considered as granting expressly, by implication, or otherwise, any licence or right to use any trademarks, servicemarks, logos, or other names, including but not limited to those jointly or severally identifying Geartest.com, its Owners, representatives, agents, affiliates, associates, members, suppliers, creditors, content providers, and any individuals, organizations or legal entities associated with the Site, their respective products and services, without the express written consent of Geartest.com and its Owners or such other party that may own such trademarks, servicemarks, logos and other names displaced on this Site.

Geartest.com shall enforce its rights concerning this Site in the event of any interference, infringement or contravention of Geartest.com's rights, title or interests in any aspect of this Site.

You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.

"Geartest.com", "geartest.com", "Geartest", "geartest", the "Geartest.com" logo, the "Real gear. Real world. Real reviews." slogan and logo, and variants thereof are all trademarks of Geartest.com and its Owners. Geartest.com has additional trademarks and servicemarks, in Canada and other countries.

3. Linked Sites
Geartest.com may provide links and pointers to Internet Web sites maintained by others.

Geartest.com has not reviewed such sites and is not responsible for the contents of, or any products or services offered on such sites.

Such sites are entirely independent of this Site and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such site or entity, or its respective information, products or services, by Geartest.com, unless otherwise noted.

4. Jurisdiction
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada, and that any disputes in connection with use of this Site or its content will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein, without giving effect to conflict of laws principles.

You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario in any and all actions, disputes, or controversies relating hereto. The Terms of Use and any rules, policies or guidelines posted on the Site constitute the entire agreement between Geartest.com and you with respect to the subject matter hereof.

5. Access to the Site
The Site is controlled and operated by Geartest.com from its offices in the Province of Ontario, Canada.

Geartest.com has provided this Site for the use of individuals present in Canada and accessing of the information provided through this Site by parties outside of Canada is the user's sole responsibility.

Geartest.com makes no representation that anything contained on the Site is appropriate or available for use in locations outside of Canada.

Some or all of the information and content provided in this Site may not be available or permitted for reception, disclosure or use in all jurisdictions.

This Site shall not be used where, and to any extent, such reception, disclosure or use is prohibited by law or where such reception, disclosure or use might constitute an infringement of copyright or any other intellectual property right.

Your use of this Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you.

6. Language
English shall be the language of this Site and all transactions occurring in connection with this Site, and the parties waive any right to use and rely upon any other language, or translations.

7. Content
The content that is available on this Site is not subject to any direct or independent review, authentication, verification, assessment, and validation by Geartest.com whatsoever and is provided in its entirety.

All users of this Site shall be solely and exclusively responsible to review, authenticate, verify, assess and validate all content and information that is included on this Site and in any other information available on this Site.

None of the information included in this Site or available on this Site constitutes, nor shall it be considered the advice, recommendation or endorsement of Geartest.com.

8. Disclaimer Of Warranty & Limitation Of Liability
Unless otherwise and explicitly agreed to in writing by Geartest.com, the information and contents on this Site and the newsfeeds available on this Site are provided on an "as is" basis only, and is for consumer end-use only.

All express or implied conditions, including, without limitation, any and all representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, authenticity, validity or non-infringement, and any representations, warranties and conditions arising from any course of dealing or usage of trade, with respect to the Site, and the content contained in or accessed through the Site are completely denied and disclaimed.

Except as expressly agreed, Geartest.com makes no representations, warranties, covenants or guaranties as to the quality, authenticity, validity, suitability, truth, accuracy or completeness of any of the information and contents of this Site.

In connection with your viewing and use of this Site, and the content available on this Site, Geartest.com, its Owners, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents, shall not be liable for any damages, harm, liability loss, cost, expense or injury suffered in any connection with this Site whatsoever, including without limitation, as a result of viewing, using, accessing, copying, downloading or storing any part of this Site's content or the newsfeeds available on this Site.

In no event shall Geartest.com be liable for any direct, indirect, special, incidental, third party, or consequential damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however same may arise, whether for breach of contract, in tort, negligence, equity, or otherwise, even if Geartest.com has been previously advised of the possibility of such damage.

Under no circumstances, including but not limited to negligence, gross negligence, negligent misrepresentation and fundamental breach, shall Geartest.com or its affiliates and related companies or properties, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that may result from

the use of, or the inability to use, any content, information, material or postings on the Site, directly or indirectly;
the use of, or the inability to use, all or part of any newsfeed available on this Site, including any content contained in such broadcast; or
the transmission of confidential or sensitive information over the Internet.

These limitations apply regardless of whether the party liable was advised, had other reason to know, or in fact knew of the possibility of such damages.

You specifically acknowledge and agree that neither Geartest.com nor its affiliates and related companies and properties, nor each of their respective directors, officers, employees, consultants and agents, shall be liable for any defamatory, offensive or illegal conduct of any user, including you.

9. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Geartest.com, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of

your breach of any provision of the Terms of Use; or
your use of the Site, the content contained in the Site, all or any part of any newsfeed available on the Site and the placement or transmission of any information or other materials on the Site made by you or others using your hardware.

Geartest.com reserves the right, in its sole discretion, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you.

You will co-operate as fully as reasonably required in the defence of any claim.

10. Recourse
You agree to have sole responsibility for adequate protection and backup of data and equipment used in connection with the Site and will not make a claim against Geartest.com for lost data, re-run time, data corruption, communication interception, inaccurate output, delays or other losses resulting from any use of this Site and you agree not to apply for or seek any equitable relief, or any punitive or exemplary damages whatsoever.

Your sole and exclusive remedy if you are dissatisfied with the Site or the Terms of Use is to immediately cease and desist your use of the Site.

You further acknowledge and accept without reservation or qualification that any action or inaction by Geartest.com and/or its Owners that may or may not affect or address your dissatisfaction with The Site or the Terms of Use, whether such action or inaction is direct, indirect or otherwise, any effect resulting from said action or inaction is purely coincidental and shall have no bearing, jointly or severally, on any claim or potential claim against Geartest.com, the Site, or its Owners.

In such an event, you agree to destroy all materials obtained by you on the Site and any and all other Geartest.com sites and all copies thereof.

The Terms of Use shall survive any such termination.

11. User Privacy and Security Policy
It is the policy of Geartest.com to respect the privacy of its users. Geartest.com will not monitor, edit, or disclose any personal information about you or your use of the Website, including its contents, without your prior consent unless Geartest.com has a good faith belief that such action is necessary to:

conform to legal requirements or comply with legal process;
protect and defend the rights or property of Geartest.com;
enforce the terms of use of this Web Site; or
act to protect the interests of its users or others.

The Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed.

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.

Any personal information collected by Geartest.com is collected for Geartest.com's internal and record-keeping requirements, unless otherwise set out at the time the information is requested, and you hereby consent to such collection and use of such personal information by Geartest.com.

Such personal information shall be retained only for as long as it is required for the purpose stated.

You hereby consent to such collection and use of personal information by Geartest.com.

Geartest.com may collect the domain name and e-mail address (if possible) of visitors to our Site, those who communicate with us via e-mail, or other information which you may voluntarily provide to Geartest.com through your use of this Site.

Such personal information may be used to improve the content of the Site, contact consumers for marketing purposes or to calculate user demographics and quantity.

You hereby consent to such collection, use and disclosure of such personal information.

You agree that Geartest.com may access your personal information, including its contents, as stated above or to respond to service or technical issues.

This Site may include incomplete information, inaccuracies or typographical errors.

Geartest.com and any other persons involved in the management of this Site may make changes in the information and content included in this Site at any time without notice.

Geartest.com shall not be responsible for any detrimental reliance you may place on this Site or its contents. Use of this Site is on an "as is" basis and is strictly at your own risk.

Although Geartest.com's security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us cannot be guaranteed.

As a result, Geartest.com shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with this Site.

Geartest.com makes no agreement, representation, warranty, or guarantee that it will use a reasonable standard of care that is generally commensurate with industry practice in Canada to protect the privacy and confidentiality of the customer's information, subject to the specific terms of this Privacy and Security Policy.

For more information, or if you have questions or comments about Geartest.com's Terms of Use, please e-mail <>.