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Last
Updated: January 2004
Terms of Use Agreement between you and AGearNotebooks.com
This Terms of Use Agreement ("Agreement") governs your access
and use of the AGearNotebooks.com ("AGearNotebooks") website
located at www.AGearNotebooks.com and store.AGearNotebooks.com (under
Yahoo Store) (the "Website"). By accessing,
browsing, and using this Website, you agree that you have read,
understood, and accept this Agreement. Please read it very carefully and
let us know if you have any questions. If you do not agree with any of
the terms herein, do not use the Website.
Applicable Law
This site is created and controlled by
AGearNotebooks.com in the Fremont of
California, USA. As such, the laws of the Fremont of California will govern
these disclaimers, terms, and conditions, without giving effect to any
principles of conflicts of laws. We reserve the right to make changes to our
site and these disclaimers, terms, and conditions at any time.
THIS AGREEMENT RELATED TO ANY CLAIM, AND YOUR USE OF THE WEBSITE
AND MATERIALS SHALL BE GOVERNED BY THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
Use of the Website
You may only use this Website for its intended purpose and solely in accordance
with this Agreement. In addition, you may not restrict or inhibit any other
person from using or enjoying the Website. The material provided on this
Site is protected by law, including, but not limited to, United States
Copyright Law and International Treaties. The materials of this Website
or any portion of this Website may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial purpose
that is not expressly permitted by AGearNotebooks.com. AGearNotebooks
makes no representation that materials in the Website are appropriate or
available for use in other locations, and access to them from
territories where their contents are illegal is prohibited. Those who
choose to access this Website from other locations do so on their own
initiative and are responsible for compliance with applicable local
laws. AGearNotebooks and its affiliates reserve the right to refuse
service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if AGearNotebooks.com believes that
customer conduct violates applicable law or is harmful to the interests
of AGearNotebooks.com and its affiliates.
Copyright
All content included on this Website, such as text, graphics, logos, button icons,
images, audio clips, and software, is the property of
AGearNotebooks.com or its
content suppliers and protected by U.S. and International copyright laws. The
compilation (meaning the collection, arrangement, and assembly) of all content
on the Website is the exclusive property of
AGearNotebooks.com and protected by U.S.
and International copyright laws. All software used on this site is the property
of
AGearNotebooks.com or its software suppliers and protected by U.S. and
International copyright laws. The content and software on this site may be used
as a shopping, selling, and e-card resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited.
AGearNotebooks.com 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 the Webmaster.
Trademarks
The
AGearNotebooks.com name and logo, including other
AGearNotebooks.com graphics, logos,
and service names are trademarks of
AGearNotebooks.com.
AGearNotebooks.com's
trademarks may not be used in connection with any product or service that is not
AGearNotebooks.com's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits
AGearNotebooks.com.
Transmission of
Content
Any material, information or ideas that you transmit to or post
to or through this Website by any means will be treated as
non-confidential and non-proprietary, despite any legends to the
contrary, and may be used by AGearNotebooks for any purpose whatsoever.
Notwithstanding the foregoing, all personal information provided by you
will be handled in accordance with AGearNotebooks's Privacy Policy,
which can be found at store.agearnotebooks.com/privacypolicy.html. You
agree to the terms of such Privacy Policy by providing your personal information
to AGearNotebooks. You are prohibited from posting or transmitting to or through this
Website any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane materials, or any other material that is
illegal or could give rise to legal liability under applicable law.
Disclaimer and Limitation of Liability
The Website is provided by
AGearNotebooks.com on an as is basis.
AGearNotebooks.com makes
no representations or warranties of any kind, express or implied, as to the
operation of the Website or the information, content, materials, or products
included on this Website. To the full extent permissible by applicable law,
AGearNotebooks.com disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular
purpose.
AGearNotebooks 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.
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