Terms & Conditions
The Pebble Gear Web Site is comprised of various Web sites and Web pages operated by Pebble Gear.
No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Pebble Gear.
1. Acceptance of Terms through Use
By accessing this Web Site (“Site”), you agree to all terms, conditions, and notices contained or referenced in these “Terms of Use.” If you do not agree to these Terms of Use, please do not use this Site. The content and other materials (collectively the “materials”) available on this Site are proprietary to Pebble Gear (“Pebble Gear”) and are provided as a courtesy to users only. Pebble Gear reserves the right to update and change these Terms of Use from time to time at our sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the case of any violation of these Terms of Use, Pebble Gear reserves the right to seek all remedies available in law and equity for such violations.
2. Use of Site
You acknowledge and agree that all materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pebble Gear. Pebble Gear authorizes you to view and download the materials at the Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Any use of the materials on any other Web site, server, or networked computer environment for any purpose is expressly prohibited. If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials obtained from the Site.
3. Use of Software
If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software until you have read and agreed to the terms of the Software License Agreement.
4. General Disclaimer and Limitation of Liability
Although Pebble Gear has attempted to provide accurate information on this Site, Pebble Gear assumes no responsibility for the accuracy of the information or materials; nor does Pebble Gear warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Pebble Gear may change the materials or products mentioned at any time without notice. Mention of non-Pebble Gear products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL Pebble Gear OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Pebble Gear PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Pebble Gear OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. User Communications
Other than personally identifiable information, use of which is governed by the Pebble Gear Online Privacy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein (“User Communication(s)”) will be considered non-confidential and non-proprietary. Pebble Gear will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that Pebble Gear and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Pebble Gear will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
6. Removal of Content and Discontinuation of Service Termination of Authorization to Use Site
Pebble Gear reserves the right to remove content or discontinue services available on this Site with or without notice. Pebble Gear further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
7. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. Pebble Gear does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. Pebble Gear provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
8. Indemnification
Upon a request by Pebble Gear, you agree to defend, indemnify, and hold harmless Pebble Gear and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Pebble Gear reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Pebble Gear in asserting any available defenses.
9. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Victoria, Australia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
10. General Provisions
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Pebble Gear with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and Pebble Gear with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use Content, software, or services provided by third party providers to this Site. The failure of Pebble Gear to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.