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Welcome to FirstGearKits.com (“Website”). This Website is owned by Julianne Miller DBA First Gear Kits. When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these Terms of Use as well as our Privacy Policy.
First Gear Kits reserves the right to update or modify these Terms of Use at any time without prior notice. We will note changes by revising the "Last Update" and version number at the end of these Terms. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website.
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by First Gear Kits one of its affiliates or by third parties who have licensed their materials to First Gear Kits Third party product names, logos, and/or trade dress of the products we carry belong to the respective suppliers or vendors of such products. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and First Gear Kits owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of the site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete, obscure, or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. First Gear Kits reserves complete title and full intellectual property rights in any content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content without first obtaining written permission from First Gear Kits.
Below is a non-exhaustive list of trademarks and service marks owned by First Gear Kits. All third party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners.
“FIRSTGEARKITS” (SM)
Your information is subject to First Gear Kits Privacy Policy. For more information, see our full Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.
If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The material in this Web Site could also include technical inaccuracies or other errors. First Gear Kits reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Your use and browsing of the Web Site is at your risk. Neither First Gear Kits, nor any other party involved in creating, producing, or delivering the Web Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site. First Gear Kits does not warrant that the functional aspects of the Web Site will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the Web Site, and all service provided through the Web Site, is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. First Gear Kits reserves the right to make changes to this Web Site at any time without notice.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because First Gear Kits has no control over such sites and resources, First Gear Kits is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. First Gear Kits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The prices displayed on the Website or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S. In some cases, merchandise displayed for sale on the Web Site or in our emails may not be available due to unavailability of supply or unforeseen circumstances; those items will be replaced with similar quality items until the original merchandise is available. All orders subject to availability, supply, and First Gear Kits acceptance (at its sole discretion). You expressly agree and acknowledge that First Gear Kits shall in no way be liable to you or to any other party for (a) First Gear Kits inability to supply any particular quantity of product or (b) First Gear Kits delay in delivery of product due to any cause or circumstance beyond the reasonable control of First Gear Kits, including without limitation a demand for such products which exceeds First Gear Kits ability to supply, or obtain supply for them, earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure or inability to secure materials or product from usual sources of supply (on reasonable commercial terms or otherwise), failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other costs or causes of like or different nature. No such inability to deliver or delay in delivery shall invalidate the remainder of this Agreement.
THIS WEB SITE, AND ALL SERVICE PROVIDED THROUGH THIS WEB SITE, IS PROVIDED BY FIRST GEAR KITS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIRST GEAR KITS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIRST GEAR KITS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIRST GEAR KITS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FIRST GEAR KITS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER FIRST GEAR KITS INC., OR AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold First Gear Kits and its affiliates, and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Site.
You agree to use the Web Site only for lawful purposes. You agree not to take any action that might compromise the security of the Web Site, render the Web Site inaccessible to others, or otherwise cause damage to the Web Site or its content. You agree not to use the Web Site in any manner that might interfere with the rights of third parties.
First Gear Kits may suspend or terminate your access to all or part of the Web Site, without notice, in the sole discretion of First Gear Kits. Such termination or suspension of access may occur, without limitation, for a conduct that First Gear Kits., in its sole discretion, believes is a violation of these Terms of Use, is in violation of applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, First Gear Kits, or its affiliates.
THESE TERMS OF USE AND CONDITIONS OF SALE ARE INTENDED BY THE PARTIES AS THE FINAL EXPRESSION, AND CONTAIN THE COMPLETE AND EXCLUSIVE STATEMENT, OF THE TERMS AND CONDITIONS GOVERNING THE PURCHASE AND SALE OF PRODUCT THROUGH FIRST GEAR KITS SUPERSEDING ALL PREVIOUS OR SIMULTANEOUS COMMUNICATIONS EITHER ORAL OR WRITTEN. If any Comment or other communication from you purports to state terms additional to or different from those set forth, this writing shall be deemed notification of objection to such additional or different terms. This Agreement is conditioned on your acceptance and assent to the all of the terms and conditions contained herein in their entirety and without exception. Acceptance of this Agreement shall be deemed to have occurred upon First Gear Kits identification of existing goods as goods to which your order, and this Agreement refers. This Agreement cannot be waived, varied, modified or amended in any manner (including subsequent conduct between the parties) except in a writing signed by First Gear Kits. This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns.
These Terms of Use shall be governed in all respects by the laws of the Commonwealth of Colorado, excluding its rules governing conflict of laws and the United Nations Convention for the International Sale of Goods. You agree that any claim or dispute you may have against First Gear Kits must be resolved by a court located in Jefferson County, Colorado. You agree to submit to the personal jurisdiction of the courts located within Jefferson County Colorado for the purpose of litigating all claims or disputes.
The failure of First Gear Kits to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
All comments, feedback, suggestions, ideas, and other submissions transmitted, disclosed, submitted or offered to FirstGearKits on or by the Web Site or otherwise transmitted, disclosed, submitted or offered to First Gear Kits (collectively, "Comments") may be used by First Gear Kits for any purpose including, but not limited to, improvement of services, development of new features or services, reproduction, disclosure, transmission, publication, broadcast and posting, all without attribution, compensation or other obligation to you. By transmitting, disclosing, submitting or offering comments to First Gear Kits, you waive all your rights to any such attribution, compensation or other obligation by First Gear Kits to you with respect to Comments. All comments will be treated as non-confidential and non-proprietary and First Gear Kits is and shall be under no obligation to maintain any Comments in confidence, to provide attribution, or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to First Gear Kits will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
All prices are stated in United States Dollars and are quoted exclusive of shipping and handling costs, and exclude all taxes and other charges which may be imposed on the sale or use of the products. Shipping costs are determined by the location of the shipment and the urgency of its arrival. All delivery dates and estimated time for shipment and/or delivery stated by First Gear Kits are approximate. You expressly absolve First Gear Kits from any liability for any loss or damage resulting from a failure to deliver or delays in delivery caused by any conditions related to, or caused by, failure to process or inaccurate processing of time-sensitive information and/or mechanisms, a labor dispute (e.g. strike, slowdown or lockout), fire, flood, governmental act or regulation (e.g. denial of export licenses), riot, inability to obtain supplies or shipping space, plant breakdown, power failure, delay or interruption of carriers, accidents, acts of God or other causes beyond First Gear Kit's control. NOTWITHSTANDING THE ABOVE, FIRST GEAR KITS SHALL NOT BE LIABLE FOR ANY DAMAGE OR PENALTIES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RESULTING FROM FIRST GEAR KITS FAILURE TO DELIVER OR DELAY IN DELIVERY FOR ANY REASON.
We never leave quality to chance – if something doesn’t meet our high standards, you won't see it in the packages that we offer. We carefully select, sort and package each shipment individually by hand. Our extraordinary attention to detail assures that every package you order is a reflection of your thoughtfulness, generosity and excellent taste.
We want to delight you and those who receive our packages – should there be any issues, we'll make it right with either an appropriate replacement or a full refund - whichever you prefer. We promise no hassles. If anything is not meeting your standards, we consider it an honor to have the opportunity to help fix a problem. We almost never ask you to return anything to us and we don’t have a time limit on addressing your concerns.
If the item of your choice is unavailable or does not meet our high standards for quality, we may need to substitute an item of equal or greater value. Be assured we will always substitute with items of equal or greater value, without compromising the theme, design or quality of the gift.
We promise to make every effort to get your gift delivered within the standards outlined, however due to the unpredictable nature of shipping and weather, we cannot guarantee a delivery date. Carrier delays are out of our control, especially during the busy holiday season or when adverse weather conditions occur. During high volume holiday gift giving periods, please allow UPS an additional two business days to increase chances a timely gift delivery.
Please direct your questions and concerns pertaining to FirstGearKits.com or this Terms of Use by contacting us:
Mail: 2238 Hiwan Drive Evergreen, Colorado 80439
Phone: 888-885-7774
Version: 1.0
Last updated: 5/12/10