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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.