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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 names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Links to Other Sites

This Site may contain links and/or advertisements to other Web sites maintained by unrelated companies. An advertisement of, or link to, an unrelated Web site does not mean that we approve, endorse or accept any responsibility for that Web site, its content or use, or the use of products and services made available through such Web site. We do not investigate, monitor or check such Web sites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other Web sites that you may access through this Site, the content thereof, or the products or services made available through such Web sites. If you decide to leave this Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web sites.

Your Feedback

We very much want to know what our customers like and don’t like about our products, and we welcome your comments, feedback, suggestions and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, “Feedback”). By submitting Feedback, however, you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Additionally, all Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING ALL USER-GENERATED CONTENT) ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.

WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY USERS OF THIS SITE, AND USER-GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF US. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Without limiting the foregoing, certain merchandise offered on this Site may be covered by a product warranty offered by the manufacturer of such merchandise, which may include the Company or its affiliates, and the limitations and disclaimers set forth herein will not limit or restrict any warranty provided by the manufacturer of any merchandise available for purchase on this Site.

Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Exclusions and Limitations of Liability

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS AND CONDITIONS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS.

OUR LIABILITY IN CONNECTION WITH A CUSTOMER'S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE APPLICABLE TO SUCH PURCHASE (NONE OF WHICH ARE INCLUDED IN THESE TERMS AND CONDITIONS), AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.

These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Your Obligations

In consideration of your use of this Site, if you register on this Site to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us, using the contact information provided below, of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, and until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of this Site (including any information, materials, products or services available through this Site).

Correction of Errors and Inaccuracies

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve 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 placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

Removal of Content

In General. If you believe Content on this Site violates your rights and want us to remove it, please send a written request explaining why you would like to have the Content removed to the address provided below. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms and Conditions, Privacy Policy, and applicable law. If you believe that any content posted on any of our Forum Sites (or any other Gates websites) is inappropriate for public view other than for reasons of possible copyright or trademark infringement, please provide the following information:

  • A description of the allegedly inappropriate content, including, if possible, a link to any