Welcome to mygear.com (the "Site"). The Site provides the ability for sellers and buyers of musical instruments and related equipment the opportunity to enter into transactions with one another. The procedures for the use of MYGEAR, Inc.'s services ("Services") are set forth in this User Agreement and on the Site. In order to use the Services offered by MYGEAR, Inc. on the Site, a user must agree to the terms and conditions set forth below. A user is required to register with MYGEAR, Inc. to use the Site and the Services offered. The user must consent to this User Agreement as a condition to accessing the Site and utilizing the Services.
This User Agreement may be modified from time to time by MYGEAR, Inc. ("MYGEAR"). In the event this User Agreement is modified, MYGEAR will notify the user, at which time the user will be asked to accept the changes. The user's continued use of the Site will be conditioned upon acceptance of the modifications to the User Agreement.
1. Eligible Users. To be a user of MYGEAR, a person must be 18 years of age or older, with the legal capacity to enter into contracts. MYGEAR reserves the right to prohibit any person from accessing the Site or using the Services for any or no reason.
2. Policies and Prohibited Conduct. The user agrees to follow the procedures of MYGEAR, which are set forth on the Site, all of which are incorporated into this User Agreement by reference. Furthermore, prohibited conduct includes, but is not limited to, the following: a. The posting of language or conduct which is offensive in any way, in MYGEAR's sole discretion; b. The posting of false, inaccurate or misleading information; c. Actions which are in violation of any applicable laws or for an unlawful purpose or infringe upon the rights of third parties; d. Taking any action to alter, distort or obscure the information posted by others; e. Taking any action to artificially to alter the price of any item offered for sale to the Site and f. The failure to abide by agreements entered into by the user through the Site.
A user's breach of this Agreement in MYGEAR's sole discretion will result in termination of the user's privileges to use the Site and the Services. In addition, MYGEAR reserves the right to pursue all remedies in law and equity for the breach of this User Agreement. MYGEAR further reserves the right to suspend a user's access to the Site and utilization of the Services at any time if MYGEAR believes or suspects that the user is engaged in illegal or improper conduct, in MYGEAR's sole discretion.
3. Listing Services. MYGEAR is a listing service which allows users to sell items that the user owns and to purchase items posted by others. Potential sellers may post information on the site regarding items for sale. MYGEAR does not own any of the listed items and is not the seller of any listed item. MYGEAR makes no warranty or representation as to the ownership of any posted item, whether there are any liens or encumbrances on the posted item, the quality of the posted item, or any representation regarding the description of the posted item.
4. No Warranties. MYGEAR makes no representations or warranties about the Site, its Services or the listed item. All use of the Site is on a "AS IS" basis. MYGEAR DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. MYGEAR DOES NOT MAKE REPRESENTATIONS OR WARRANTIES THAT THE USER WILL BE ABLE TO USE OR ACCESS THE SITE OR THE SERVICES AT ANY GIVEN TIME. If the user is a California resident, user expressly waives California's Civil Code Section1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The user agrees that the the waivers set forth in this provision are essential and material terms of this User Agreement and without such waivers, MYGEAR would not have entered into this User Agreement.
5. Releases. The user releases MYGEAR, its employees, officers, directors, employees, contractors, agents and assigns from any and all claims, damages (actual and consequential), liabilities and causes of action, known or unknown, relating to or arising out of transactions that originate from or are in any way connected to the Site or the Services.
6. Limitation of Liability. User agrees that MYGEAR is not liable for any damages of any kind including, but not limited to, direct, indirect, consequential, special, punitive or exemplary damages arising out of or in any way relating to the Site, the use of the Services, the inability to use the Services or the items sold or acquired through the Site.
7. Indemnity. User agrees to indemnify and hold harmless MYGEAR from any and all claims, actions or demands, including MYGEAR's reasonable attorney fees, resulting from any claims made by third parties due to user's use of the Site, utilization of the Services and/or breach of this User Agreement.
8. Limitations on Use. MYGEAR grants to the user a limited license to the use Site and Services as set forth in this User Agreement and as provided on the Site. This license specifically excludes the use of the Site, MYGEAR's software or MYGEAR's source code associated with the Site in any other way except as provided in this User Agreement and as permitted by MYGEAR on the Site. All trademark, copyright, trade name, trade dress and other intellectual property law rights associated with the Site and the Services are reserved solely with MYGEAR
9. Use by MYGEAR. The user grants to MYGEAR an irrevocable and perpetual license, without cost or fee to MYGEAR, to utilize any content provided by user in connection with the Site or the Services.
10. Arbitration. Except for matters involving trademarks, trade names, copyrights, trade dress and/or other intellectual property law matters, all disputes or controversies between MYGEAR and user shall be resolved by one arbitrator in arbitration conducted through the Commercial Dispute Rules of the American Arbitration Association. Any arbitration conducted pursuant to this section shall be held in Lansing, Michigan.
11. Miscellaneous. This User Agreement contains the entire agreement between the parties concerning the Site and the Services. This User Agreement can only be amended by a written instrument specifically referencing this User Agreement as authorized by MYGEAR. The unenforceability, invalidity, or illegality of any provision of this User Agreement will not render the other provisions unenforceable, invalid or illegal. No party may assign its rights and obligations under this User Agreement without prior written consent of the other party. This User Agreement shall be binding upon and inure to the benefit of the parties hereto, their officers, directors, agents, successors and assigns. In the interpretation of this User Agreement, it shall be construed as if it were written by both parties, with no inference or presumption claim either for or against either party by virtue of who might have prepared this User Agreement or any of its terms. This User Agreement shall be governed and controlled in all respects by the laws of the State of Michigan.