Personal and Non-Commercial Use Limitation
The 1905 Gear Sites are provided for your personal and non-commercial use. You may not attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the 1905 Gear Sites.
The 1905 Gear Sites and all information and content accessible via the 1905 Gear Sites are provided “AS IS”, without warranties and with all faults. We make no representations and disclaim all implied warranties of any kind, including warranties as to accuracy, timeliness, completeness, non-infringement, suitability, availability, merchantability, fitness for a particular purpose and absence of viruses.
Limitation of Liability
IN NO EVENT SHALL 1905 GEAR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF THE 1905 GEAR SITES.
You agree to indemnify and hold 1905 Gear, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against 1905 Gear by any third party due to or arising in connection with your use of the 1905 Gear Sites.
Member Account, Password, and Security
If use of any 1905 Gear Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify 1905 Gear immediately of any unauthorized use of your account or any other breach of security. 1905 Gear will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 1905 Gear or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Links to Third Party Sites
The 1905 Gear Sites may contain links to other websites, that are provided by third parties (“Third Party Sites”). The Third Party Sites are not under 1905 Gear’s control and 1905 Gear is not responsible for the contents of any Third Party Sites. If we provide you with links to the Third Party Sites, we are doing so only as a convenience to you, and the inclusion of those links in the 1905 Gear Sites does not imply endorsement by 1905 Gear of those sites.
Governing Law, Dispute Resolution, Limitation on Time to Bring Claim
You agree that all matters relating to your access to or use of the 1905 Gear Sites, including all disputes will be governed by the laws of the State of Washington, USA, without regard to its conflict of law provisions. In the event of any dispute related to your use of the 1905 Gear Sites, you agree to the personal jurisdiction by and exclusive venue in the state and federal courts situated in King County, Washington, and waive any objection to such jurisdiction and venue. If you feel compelled to bring a lawsuit or other proceeding, you must do so within one year of the date that you have a right to sue.
If any of the provisions of these TOU are held by a court to be void or unenforceable, such provisions shall be limited to or eliminated to the minimum extent necessary and replaced with valid provision that best embodies the intent of these TOU, so that these TOU shall remain in full force and effect. These TOU constitute the entire agreement between you and 1905 Gear with regard to use of the 1905 Gear Sites and any other written or oral understandings between you and 1905 Gear with respect to such use are hereby superseded and cancelled. 1905 Gear’s failure to insist on or enforce strict performance of these TOU shall not be construed as a waiver.