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The Gates Corporation

WEBSITE TERMS AND CONDITIONS

Revised Date: May 29, 2013

These Website Terms and Conditions (“Terms and Conditions”) apply to your access to and use of this website and associated webpages (the “Site”), which is operated by The Gates Corporation or one of its affiliates (“Company” or “we” or “us,” or “Gates”)

This Site is expressly not intended for use by anyone under the age of thirteen, and we do not market to or knowingly collect any information or accept any submissions from anyone under the age of thirteen.

Your Consent to these Terms and Conditions

Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms and Conditions. By accessing, browsing, and shopping on this Site, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit this Site.

Your Consent to Our Privacy Policy

By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. If you do not agree, please exit this Site.

Your Consent to Our Terms of Sale

Any purchases you make from us which are not governed by a separate written agreement signed by us will be governed by our Terms of Sale, which are expressly incorporated herein. Our Terms of Sale contain policies related to various aspects of your purchase of merchandise on this Site, such as shipping, returns, and other matters and can be found at ww2.gates.com/termsofsale.

Your Consent to Additional Terms

We may also require you to comply with additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement which is another agreement that will govern your use of the applicable website. If any of the terms of a click-through agreement are different than the terms of these Terms and Conditions, the terms of the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the click-through agreement.

Ownership of This Site and Its Content

This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation User-Generated Content (as defined below) (collectively “Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of the Company or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

User-Generated Content

Certain sections of this Site may allow you to submit or upload User-Generated Content.

You are responsible for User-Generated Content. Any User-Generated Content is the sole responsibility of the person who made such User-Generated Content available on this Site. Under no circumstances will we be liable in any way for any User-Generated Content posted to this Site. Such User-Generated Content may be posted on or accessed through this Site in our sole discretion.

Because we do not control the User-Generated Content posted on this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted or otherwise made available on this Site, whether by us, individual users of this Site, or our third-party contractors or licensors.

You own User-Generated Content you submit, but we may use it. If any User-Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User-Generated Content available on or through this Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User-Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.

Without limiting the generality of the foregoing grant of license, by posting User-Generated Content on or through this Site, you are granting us (and downstream users) permission to (i) display advertisements in connection with User-Generated Content and to use User-Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User-Generated Content available to the general public through this Site and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.

We may disclose and/or remove User-Generated Content.We reserve the right at all times to disclose any User-Generated Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User-Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User-Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of this Site, or to censor, edit or block your transmissions thereto, in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User-Generated Content to Content owned or provided by us, and the user who made such User-Generated Content available on this Site will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of your use of the Site that you do not:

  • post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User-Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • post or transmit any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content that violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • post or transmit any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained that person’s express permission or (ii) that person is fewer than eighteen years old but you are that person’s parent or legal guardian;
  • post or transmit any User-Generated Content soliciting any personal or private information from any individual;
  • post or transmit any User-Generated Content that contains a virus or other harmful component; or
  • post or transmit any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User-Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.

Trademarks

The names and logos of the Company and its affiliates, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Company or its affiliates(collectively, the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product