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LabelGear.Com Terms of Use


Welcome to LabelGear.com. LabelGear.com provides its service to you subject to the following conditions. If you visit or shop at LabelGear.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future LabelGear.com service or visit or purchase from any business affiliated with LabelGear.com, whether or not included in the LabelGear.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.


PRIVACY

Please review our Privacy Policy, which also governs your visit to LabelGear.com, to understand our practices.


ELECTRONIC COMMUNICATIONS

When you visit LabelGear.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LabelGear.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LabelGear.com and protected by U.S. and international copyright laws. All software used on this site is the property of LabelGear.com or its software suppliers and protected by United States and international copyright laws.


TRADEMARKS

LabelGear.com, the LabelGear.com logo and other LabelGear.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MicroVision Development, Inc. or its subsidiaries. LabelGear.com's trademarks and trade dress may not be used in connection with any product or service that is not LabelGear.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LabelGear.com. All other trademarks not owned by MicroVision Development, Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MicroVision Development, Inc. or its subsidiaries.


LICENSE AND SITE ACCESS

LabelGear.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LabelGear.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LabelGear.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LabelGear.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing LabelGear.com's name or trademarks without the express written consent of LabelGear.com. Any unauthorized use terminates the permission or license granted by LabelGear.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LabelGear.com so long as the link does not portray LabelGear.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LabelGear.com logo or other proprietary graphic or trademark as part of the link without express written permission.


YOUR ACCOUNT

If you use this site, 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. LabelGear.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use LabelGear.com only with involvement of a parent or guardian. LabelGear.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


ELECTRONIC COMMERCE

LabelGear.com reserves the right to monitor order activity to ensure a fair process. LabelGear.com also reserves the right to reject any order deemed to be made in bad faith, or that may be in violation of local laws, taxes or restrictions.

We strongly advise not to test this site with false bids or orders, as it will result in substantial, personal legal risk. It is a violation of the law to make bids or orders under a false name or with an invalid credit card.

LabelGear.com has a sophisticated Fraud Control system that screens for suspicious bids and orders. Any suspicious orders or bids are subject to investigation and possible cancellation. For your protection, credit card orders may be delayed while screening takes place.

Persons who commit fraudulent activity will be prosecuted to the fullest extent of the law. Web browsers transmit a unique address that can be used by law enforcement officials to identify fraudulent activity. Both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.

We will cooperate with the responsible legal authorities in the investigating of any fraud perpetrated through LabelGear.com. In such instances, we also reserve the right to share information about such fraud with the issuing bank, shipping carriers, and our business partners.


COPYRIGHT COMPLAINTS

LabelGear.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.


RISK OF LOSS

All items purchased from LabelGear.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


PRODUCT DESCRIPTIONS

LabelGear.com and its affiliates attempt to be as accurate as possible. However, LabelGear.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by LabelGear.com itself is not as described, your sole remedy is to return it in unused condition.


LINKS

LabelGear.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LabelGear.com has no control over such sites and resources, you acknowledge and agree that LabelGear.com 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. You further acknowledge and agree that LabelGear.com 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.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY LABELGEAR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. LABELGEAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LABELGEAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LABELGEAR.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LABELGEAR.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LABELGEAR.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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.


APPLICABLE LAW

By visiting LabelGear.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LabelGear.com or its affiliates.


DISPUTES

Any dispute relating in any way to your visit to LabelGear.com or to products you purchase through LabelGear.com shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate LabelGear.com's intellectual property rights, LabelGear.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Pricing policy, posted on this site. These policies also govern your visit to LabelGear.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS

LabelGear.com
3142 Tiger Run Court, Suite 103
Carlsbad, CA 92010
http://www.labelgear.com
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