GusGear Logo

Terms of Use

Last Updated on August 15, 2021

This web site (“Site”) is owned, made available, and/or maintained by Gus Gear LLC (hereinafter, “Gus Gear”, “we”, or “us”).  Please read these Terms of Use carefully prior to your using, accessing, and/or browsing, (collectively, “use” or “using”) this Site.  These Terms of Use, together with the Privacy Policy, Purchase Policy, Return and Exchange Policy, and any other policy, disclaimers, guidelines or terms referenced in these Terms of Use (collectively, the “Agreement”) constitute a binding agreement between you and Gus Gear with respect to your use of this Site, including without limitation, the purchase or use of any Gus Gear products or services.  You also agree to comply with all applicable local, state, national and international laws and regulations when using this Site.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, DO NOT USE THIS SITE.

Changes to this Agreement and this Site

Gus Gear reserves the right to change, including modify, add, revise, or remove, this Agreement at any time, for any reason, without prior notice to you. It is your responsibility to check this Agreement periodically for changes. Your continued use of this Site following the posting of any changes will mean that you accept and agree to such changes. Further, Gus Gear reserves the right, to modify, suspend or terminate operation of, use, or access to, this Site, or any portion of this Site, at any time, for any reason, without prior notice to you.

Age Requirements

If you are under the age of eighteen (18) years of age or if you are not the legal age of majority, you must have your parent or legal guardian’s permission to use this Site.  Please have your parent or legal guardian read this Agreement with you.  If you are a parent or legal guardian, and you allow your child to use this Site, then these terms apply to you and your responsible for your child’s activity on this Site.

Content and Limited Use

This Site content, including without limitation, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, information, material, computer code, design, structure, expression, and the "look and feel" (collectively, "Content"), is owned, controlled or licensed by or to Gus Gear, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except for the limited permission provided to you by Gus Gear in this Agreement, Gus Gear does NOT grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.  No part of this Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Gus Gear’s express prior written consent.  Gus Gear grants you a limited, non-exclusive, non-transferable, non-commercial, personal right to use this Site.   All other use of this Site is prohibited.  Although we give you permission to use our Site, Gus Gear and/or any applicable third-party retains all rights, title, and interest in and to any and all Content, including without limitation, any intellectual property rights.

In addition, you agree that: (1) you will not interfere with another person's use and enjoyment of this Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text or other material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, and that, by uploading or downloading any such content, you represent and warrant to Gus Gear that you have the lawful right to reproduce and distribute such content; (3) you will not upload, download, transmit or otherwise distribute any such content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (4) you will not upload, download, transmit or otherwise distribute any viruses or other harmful, disruptive or destructive files; (5) you will not upload, download, transmit or otherwise distribute any such content that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law or use this Site for any unlawful activity; (6) you will not use or attempt to use another's account, service or system without authorization from Gus Gear, or create or use a false identity on this Site; (7) you will not upload, download, transmit or otherwise distribute spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (8) you will not attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access; (9) you will not interfere with or disrupt networks, systems and/or computers connected to this Site, and you will comply with all regulations, policies and procedures of such networks and systems; (10) you will not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site; and (11) you will not probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site.

Confidential information and Feedback

Any feedback, information, material, data, ideas, concepts, know-how, submissions, or techniques (collectively, “Feedback”) you provide at this Site will be deemed to be non-confidential and not proprietary. You agree that: (1) your Feedback along with related intellectual property rights will automatically become the property of Gus Gear, without any compensation to you; (2) Gus Gear will own all rights, title and interest in and to such Feedback and, as such, Gus Gear will able to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use such Feedback; and (3) there is no obligation for Gus Gear to review the Feedback.

Linked Sites

This Site may contain links to other independent third-party websites (“Linked Sites”).  These Linked Sites are being provided as a convenience only and is not a guarantee, approval, or endorsement by Gus Gear of the products, services, or content of such Linked Sites. Gus Gear bears no responsibility for any third-party, including but not limited to, its product, services, and the content on its web site.  Please be advised you may be subject to third-party privacy policies and/or other terms of use when using such Linked Sites.

No Medical Advice

The Contents of this Site are for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Individuals should always consult with their doctor regarding the safety and appropriate use of Gus Gear products.  If you think you may have a medical emergency, call your doctor or 911 immediately.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. GUS GEAR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCT SAFETY OR EFFICACY OR SUITABILITY WITH SPECIFIC MEDICAL DEVICES OR CONDITIONS, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITATION AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUS GEAR MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

GUS GEAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY GUS GEAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND ANY LINKED SITES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUS GEAR, INCLUDING WITHOUT LIMITATION, ITS RESPECTIVE EMPLOYEES, MANAGERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE, USE OF ITS PRODUCTS, OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GUS GEAR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.  IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT GUS GEAR’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GUS GEAR, INCLUDING WITHOUT LIMITATION, ITS RESPECTIVE EMPLOYEES, MANAGERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST GUS GEAR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE.

Violation of This Agreement

Gus Gear may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Site or that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

You agree that Gus Gear may, in its sole discretion and without prior notice, terminate your access to this Site and/or block your future access to this Site if we determine that you have violated this Agreement. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and may cause irreparable harm to Gus Gear, for which monetary damages would be inadequate, and you consent to Gus Gear obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Gus Gear may have at law or in equity. If Gus Gear does take any legal action against you as a result of your violation of this Agreement, Gus Gear will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gus Gear. You agree that Gus Gear will not be liable to you or to any third party for termination of your access to this Site as a result of any violation of this Agreement.

Privacy

Gus Gear’s Privacy Policy applies to your use of this Site, and its terms are made a part of this Agreement by this reference. To view Gus Gear Privacy Policy click here. Additionally, by using this Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Accounts, Passwords and Security

Certain features or services offered on or through this Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Gus Gear immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Gus Gear or any other user of or visitor to this Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

Gift Cards

Gift cards are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; or used to purchase gift cards. Unused balances of gift cards are not transferable. The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Governing Law and International Use

By accessing, transmitting or viewing any information on this Site, you agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of accessing, transmitting or viewing any information on this Site, including without limitation, your purchase or use of a Gus Gear product, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of this Site shall be brought only in Butler County, Pennsylvania, and you waive any objection to such jurisdiction or venue.

Gus Gear makes no representations that the Content on this Site is appropriate or available for use in territories outside the United States. Those who choose to access this Site from other locations other than within the United States are responsible for compliance with the local laws of such territories.

No Class Actions.

Except where prohibited by law, you waive any right you may have to begin or participate in any class action against Gus Gear related to any claim or dispute (whether in contract or tort or pursuant to statute or regulation) and, where applicable, you also agree to opt out of any class proceedings against Gus Gear.

Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of this Site, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of this Site or for any service or product offered on or through this Site, the latter terms shall control with respect to your use of that portion of this Site or the specific service or product.  Gus Gear may make changes to any products or services offered on this Site, or to the applicable prices for any such products or services, at any time, without notice.

Copyright Policy and DMCA Compliance

Gus Gear respects the intellectual property rights of others.  The following is our Copyright and DMCA Compliance Policy. If you are alleging that copyrighted material may have been or is being infringed, then you may notify us, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below:

Gus Gear
Attn: Sarah Palya
PO Box 607
Valencia, PA 16059
[email protected]
724-513-4497

Such notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GUS GEAR PURCHASE POLICY

  1. WITH RESPECT TO THE PURCHASE OF AND/OR USE OF ANY GUS GEAR PRODUCT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS PURCHASE POLICY, INCLUDING THE GUS GEAR TERMS OF USE , WHICH ARE MADE A PART OF THIS PURCHASE POLICY BY THIS REFERENCE.
  2. Prices
    All prices listed on this web site are in U.S. dollars and all charges will be processed in U.S. dollars. All prices listed on this web site are subject to confirmation. Gus Gear cannot confirm the availability of an item until after your order is placed.
  3. Ordering and Payments
    All payments due to Gus Gear shall be made in U.S. dollars. You may only purchase or order items for lawful purposes and any other use is not permitted. You agree to pay for all charges noted herein as payable by you. You must be eighteen (18) or older to purchase from the web site or legal age of majority. If you are not eighteen (18) years of age or older or legal age of majority, your legal guardian or parent may purchase the product for you. If you are a legal guardian or parent, you will be subject to this Purchase Policy.Gus Gear reserves the right to limit the quantities of certain items which an individual or any group can purchase.

    You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. Providing any untruthful or inaccurate information is a breach of this Purchase Policy and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you.

    Any promotions or discounts may be limited in nature and may expire or be discontinued with or without notice. Promotions and discounts are void where prohibited by law. Promotion codes and discounts may not be copied, sold, or otherwise transferred and they are not redeemable for cash.

    If you default in any payment, Gus Gear shall have the right to cancel any purchase order or delay any shipment of products until payment is made.

  4. Taxes and ShippingThe list prices are exclusive of any domestic or international shipping cost, taxes, VAT, handling, and duties.

    For individuals, there is no charge to you for domestic shipping. Your product shall be shipped to the address you provide via USPS First Class Shipping or other similar service, at Gus Gear’s discretion. You may pay to upgrade your shipping at checkout to USPS Priority Mail or other similar service, at Gus Gear’s discretion. All international shipping charges shall be at your expense.

    For hospitals, health care providers, and distributors, domestic and international shipping is at your expense; however, you may select your shipping speed and carrier and whether the shipping charge is billed to your shipper account or added to your Gus Gear invoice.

    Title to, and risk of loss of, the products shall transfer to you upon delivery of the products to the carrier at Gus Gear’s facility. You shall make all claims for damaged or lost shipments with the carrier. All price, product, and quantity (overages and shortages) errors must be reported to Gus Gear within ten (10) days of receipt of the shipment or claims will not be honored.

    Gus Gear will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, we are not responsible for any delays in delivery. If Gus Gear is informed of an excessive delay in shipping, we will notify you of such delay.

  5. Product Changes and Descriptions
    Gus Gear attempts to be as accurate as possible with its product descriptions; however, we do not warrant that the product description is complete, current, or error-free. Gus Gear may, at its sole discretion, modify or discontinue any product, at any time.Information provided by Gus Gear LLC is not medical advice and should not be treated as such. Individuals must not rely on the information provided as an alternative to medical advice from a doctor or other professional healthcare provider. Specific questions about any medical matter or our products in relation to a specific condition should be directed to an individual’s doctor or other professional healthcare provider.

    GUS GEAR LLC MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SAFETY OR EFFICACY OF OUR PRODUCTS OR SUITABILITY WITH SPECIFIC MEDICAL DEVICES OR MEDICAL CONDITIONS. INDIVIDUALS SHOULD CONSULT WITH THEIR DOCTOR REGARDING THE SAFETY AND APPROPRIATE USE OF GUS GEAR PRODUCTS.

    PLEASE READ THE GUS GEAR TERMS OF USE  FOR ALL DISCLAIMERS OF WARRANTY, THE LIMITATIONS OF LIABILITY, AND ALL OTHER TERMS AND CONDITIONS THAT YOU AGREE TO WITH RESPECT TO YOUR PURCHASE OF A GUS GEAR PRODUCT.

RETURNS AND EXCHANGES POLICY

  1. WITH RESPECT TO THE PURCHASE OF AND EXCHANGE OR RETURN OF A GUS GEAR PRODUCT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS RETURNS AND EXCHANGES POLICY, INCLUDING THE TERMS OF USE , WHICH ARE MADE A PART OF THIS RETURNS AND EXCHANGES POLICY BY THIS REFERENCE.
  2. At Gus Gear, we will make all reasonable efforts to help ensure that you have a positive purchasing experience. If an item you ordered doesn’t fit, or isn’t what you expected, you can return or exchange your item so long as you fit the requirements, explained below. You may initiate a return or exchange of a Gus Gear product by signing into your account, then click My Account > Orders > Exchange. You may also email the request to [email protected] and include your order # in the subject line and a description of the problem.Requirements for returns and exchanges:
    • The product must be unused and unworn (except for trying it on), and it must include all original packaging and parts.
    • The cost of your shipping label will be deducted from your refund.
    • Returns and exchanges must be initiated within 30 days of your original order date.
    • All returns and exchanges must be initiated through the Exchange and Return portal.
    • Returns/exchanges without confirmation number will not be accepted

    You will receive a prepaid shipping label by email for your return or exchange. If available, you can use your original packaging to return your item to us.

  3. We generally process returns and exchanges within three (3) business days of receiving the item. Please allow up to an additional two (2) business days for the refund to appear on your original payment method. Please note, we will refund the full product cost but unfortunately, we cannot refund shipping costs from your original order. The only exception is if you are requesting a return or exchange as a result of a shipping error at our warehouse or what is determined by Gus Gear LLC to be a manufacturer’s defect.
  4. If you feel there was an error with your order or you received the wrong item, or you believe there is a manufacturer’s defect, you may initiate a review by Gus Gear by signing into your account, then click My Account > Orders > Exchange. You may also email the request to [email protected] and include your order # in the subject line and a description of the problem. All products returned by the customer with a claim of a manufacturer’s defect will be reviewed for assessment of possible defect. If the product is found to be defective by Gus Gear, we will provide a full refund or replacement of the item(s) at no cost to the customer.
  5. International Orders
    While we’re happy to offer returns or exchanges to our international customers, shipping charges must be paid by the customer. You may initiate a return or exchange of a Gus Gear product by signing into your account, then click My Account > Orders > Exchange. You may also email the request to returns-[email protected] and include your order # in the subject line and a description of the problem. Then, arrange shipping through the carrier of your choice to the address above.
  6. PLEASE READ THE GUS GEAR TERMS OF USE  FOR ALL DISCLAIMERS OF WARRANTY, THE LIMITATIONS OF LIABILITY, AND ALL OTHER TERMS AND CONDITIONS THAT YOU AGREE TO WITH RESPECT TO YOUR PURCHASE AND RETURN AND EXCHANGE OF A GUS GEAR PRODUCT.

If you still need help with your exchange, email us at [email protected] or call 724-513-4497.

GusGear Purchase Agreement

Please read this Purchase Agreement (“Agreement”) carefully prior to purchasing, using, distributing and/or selling (collectively, “distributing”) a Gus Gear product. By distributing Gus Gear products, you agree to the terms and conditions of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DISTRIBUTE THESE GUS GEAR PRODUCTS AND PLEASE RETURN SUCH PRODUCTS IN ACCORDANCE WITH SECTION H, PRODUCT RETURNS.

  1. Prices and Payments
    All product prices are in U.S. dollars and all payments due shall be made in U.S. dollars and in accordance with your Gus Gear invoice. Prices are exclusive of any domestic or international shipping cost, taxes, VAT, handling, and duties.
    Title to, and risk of loss of, the products transfer to you upon delivery of the products to the carrier at Gus Gear’s facility. You shall make all claims for damaged or lost shipments with the carrier. All price, product, and quantity (overages and shortages) errors must be reported to Gus Gear within ten (10) days of receipt of the shipment or claims will not be honored.
    If you default on any payment, Gus Gear shall have the right to withhold shipment of any future orders. This remedy is in addition to any other remedies Gus Gear may have at law or in equity.
  2. DISCLAIMER OF WARRANTY
    ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. GUS GEAR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCT SAFETY OR EFFICACY OR SUITABILITY WITH SPECIFIC MEDICAL DEVICES OR CONDITIONS, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
  3. LIMITATION OF LIABILITY
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUS GEAR, INCLUDING WITHOUT LIMITATION, ITS RESPECTIVE EMPLOYEES, MANAGERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING OUT OF THE USE OF ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR PERSONAL INJURY. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT GUS GEAR’S AGGREGATE LIABILITY SHALL NOT EXCEED THE PRICE OF THE APPLICABLE GUS GEAR PRODUCT OR SERVICE.
  4. INDEMNITY
    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GUS GEAR, INCLUDING WITHOUT LIMITATION, ITS RESPECTIVE EMPLOYEES, MANAGERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST GUS GEAR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR DISTRIBUTION OF GUS GEAR PRODUCTS OR SERVICES.
  5. NO CLASS ACTIONS
    EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE ANY RIGHT YOU MAY HAVE TO BEGIN OR PARTICIPATE IN ANY CLASS ACTION AGAINST GUS GEAR RELATED TO ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT OR TORT OR PURSUANT TO STATUTE OR REGULATION) AND, WHERE APPLICABLE, YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST GUS GEAR.
  6. No Medical Advice
    Information provided by Gus Gear LLC is not medical advice and specific questions about any medical matter or our products in relation to a specific condition should be directed to an individual’s treating doctor.
  7. Governing Law and International Use
    You agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Your distribution of a Gus Gear product shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of this Site shall be brought only in Butler County, Pennsylvania, and you waive any objection to such jurisdiction or venue.
  8. Product Returns
    If you do not agree to the terms of this Agreement, you may initiate the return of Gus Gear products by emailing us at [email protected] or call 724-513-4497. Returns must be initiated within thirty (30) days of your receipt of your original order. All shipping charges to be paid by you.
cross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram Skip to content