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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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 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.
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.
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.
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.
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:
Attn: Sarah Palya
PO Box 607
Valencia, PA 16059
Such notice must include the following to be effective:
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.
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.
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.
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.
If you still need help with your exchange, email us at [email protected] or call 724-513-4497.
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.