Welcome to OhGear.com, a website run by Oh Gear, LLC. These Terms of Use cover all of the website(s) of Oh Gear LLC, its subsidiaries and affiliates (collectively, “Oh Gear”) and any associated content including email, RSS and Mobile Services, as defined below. By visiting the Oh Gear website(s) or downloading, installing or using any Oh Gear website(s) or mobile or desktop application software or services, or other materials or services made available on, from, or through the website(s) (collectively, the “Website(s)”), you signify your agreement to the terms and conditions set forth in these Terms of Use (the “Terms of Use”) and Oh Gear’s Privacy Policy, found at ohgear.com/home/privacypolicy and incorporated herein by reference. If you do not agree to any of these Terms of Use or the Oh Gear’s Privacy Policy, please do not use the Website(s).

BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. If YOU do not understand or agree to each of the terms, conditions and notices in this AGREEMENT, YOU SHOULD not access Or use this SITE IN ANY MANNER. 

Please click here to read Oh Gear’s Privacy Policy as it relates to Oh Gear, which is hereby incorporated into and made a part of this Agreement.  The Privacy Policy explains how Oh Gear collects, uses and discloses your personal information.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Oh Gear and other trademarks appearing on the Site are the trademarks of Oh Gear and/or its subsidiaries.

The Site and the Contents are intended solely for personal, non-commercial use. Except as necessary to use the Site as authorized by this Agreement, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote Oh Gear’s products and services available in the United States.

The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Oh Gear is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

User Comments, Feedback, and Other Submissions

Subject to the Privacy Policy, anything that You submit or post to the Website and/or to Oh Gear, including without limitation, text, photographs, videos, stories, ideas, know-how, techniques, questions, comments, and suggestions (collectively, “Content” or “User Content”) is and will be treated as non-confidential.  You shall retain all your rights in your Submissions, except that you grant to Oh Gear a non-exclusive, royalty-free, worldwide, perpetual and transferable right to use, copy, reproduce, distribute, display, modify, edit, or create derivative works from such Submissions through any channel (including, but not limited to, third party websites) by any means and in any form or media known now or later developed. Oh Gear may assign or sublicense this license to third parties with no obligation to you.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Oh Gear or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Oh Gear takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

The prices displayed on the Site are quoted in U.S. Dollars.

Oh Gear products are frequently available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Links to Other Web Site and Services

The Site may contain links to other Web Site that are not under the control of Oh Gear Oh Gear has no responsibility for the linked Web Site nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’ users.

Mobile Services 

Oh Gear may offer certain services that are available via a mobile device or app, including (i) the ability to browse the Website(s) from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Website(s) through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Oh Gear.

Additional Terms for Apple App Store Applications.  This Section applies to you only if you have downloaded the Oh Gear software from the Apple App Store.

Oh Gear and you acknowledge that these Terms of Use are entered into solely between you and Oh Gear, and not with any third party, including Apple, Inc. These Terms of Use are not intended to provide for usage rules for the Oh Gear software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).

Subject to all the terms and conditions herein, Oh Gear hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Oh Gear software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Website(s) and, if you have downloaded the Oh Gear software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

You acknowledge that Apple has no responsibility for addressing any claims relating to the Website(s) or the Oh Gear software or your possession and/or use of the Website(s) or Oh Gear software, including but not limited to (i) product liability claims; (ii) any claim that the Website(s) or the Oh Gear software fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.

Disclaimer

The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Oh Gear expressly disclaims any duty to update or revise the materials on the Site, although Oh Gear may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Oh Gear shall not be liable for any damages of any kind related to your use of the Site.

Indemnification

You agree to defend, indemnify and hold Oh Gear harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Termination

These terms are effective unless and until terminated by either you or Oh Gear You may terminate this Agreement at any time. Oh Gear also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Tennessee. By using this Website you agree that any dispute between you and Oh Gear shall be subject to the exclusive jurisdiction of the state and federal courts in Davidson County, TN. You further agree that: (i) the Website(s) shall be deemed solely based in Tennessee; and (ii) the Website(s) shall be deemed a passive web site that does not give rise to personal jurisdiction over Oh Gear, LLC, either specific or general, in jurisdictions other than Tennessee. These Terms of Use shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with the Website(s) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Davidson County, Tennessee and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Oh Gear’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oh Gear without restriction. YOU AND OH GEAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Use, together with the Privacy Policy at ohgear.com/home/privacypolicy, and any other legal notices published by Oh Gear on the Website(s), shall constitute the entire agreement between you and Oh Gear concerning the Website(s).

Miscellaneous. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Oh Gear regarding the use of the Services. The failure of Oh Gear to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.  All rights not granted to you under this Agreement are reserved by Oh Gear.

Please contact us at sims@ohgear.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN IT.