PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using this web site, You signify Your acceptance to these Terms and Conditions of Use (including the Privacy Statement).
If you do not agree to these Terms and Conditions of Use, please discontinue using this web site and all information and materials obtained from it.
The following Terms and Conditions of Use are applicable to the Changing Gears web site, Changing Gears.com. Hereafter in this document, Changin’ Gears and its owners, affiliates, and partners, will be referred to as “Changing Gears” or “Us” or “We” or “Our“.
While we believe that all information on this web site is accurate, we can not guarantee that it is applicable to You specifically or to Your situation. All information is offered AS IS, WITHOUT ANY WARRANTY. You agree to use all information and materials found on this web site AT YOUR OWN RISK. Furthermore,
- No information should be construed as legal advice (we are not lawyers)
- No information should be construed as health advice (we are not doctors)
- No information should be construed as financial advice (we are not financial advisors)
We reserve the right, at Our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. By continuing to use this web site following the posting of changes, You signify Your acceptance to the new Terms and Conditions of Use (including the Privacy Statement).
Copyright & Use of Materials
All material on this web site is copyright by Changin’ Gears or by its legal owner. No material from the Changin’ Gears web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without Our expressed written permission, except for the following permitted uses:
- View, download, or print for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
- Post links to Our web site from other web sites, public forums, or printed media.
- Include brief quotations from the material on Our web site in articles, other web sites, or public forums.
- Send links of Our web site in email messages.
Modification or use of the materials for any other purpose is a violation of Our copyright and other proprietary rights, and may be subject to civil and criminal penalties.
Information regarding merchants, products, services, prices, availability, articles, and opinions appearing on the Changin’ Gears web site are subject to change. Changin’ Gears is not responsible for any such changes and advises you to confirm all specific terms appearing on Our web site, and those web sites that We are linking to, before acting in reliance on such information.
Third-party products and services represented on Our web site are not necessarily endorsed or recommended by Changin’ Gears, and We disclaim all responsibility regarding the performance or the use of third-party products and services. Changin’ Gears does not necessarily endorse or sanction the content or actions of other web sites that are linked to or from Our web site.
THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHANGIN’ GEARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHANGIN’ GEARS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHANGIN’ GEARS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHANGIN’ GEARS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnity and Limitation of Liability
You agree to indemnify and hold Changin’ Gears (and its owners, officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHANGIN’ GEARS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF CHANGIN’ GEARS OR A CHANGIN’ GEARS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CHANGIN’ GEARS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
All trademarks on the Changin’ Gears web site are owned by Us, or are used on our web site by permission of the legal owner. Duplication, tampering or unauthorized use in any way of any of the trademarks on Our web site may be subject to fine and civil and/or criminal prosecution.
These terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Blount County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.