X  


Terms and Conditions

CONDITIONS OF USE

General

This website (the "Website") is owned, operated and distributed by URGEGEAR, LLC, an Ohio corporation ("Urge"). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "CONDITIONS OF USE"). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. These Conditions of Use apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

You acknowledge that Urge may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, Urge may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

These Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Urge without restriction.

Use of the Website is available only to individuals who are at least 13 years of age. If you are not 13 years of age, you are not authorized to use the Website.

Urge may, at its sole discretion, modify these Conditions of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Conditions of Use were last modified as of May 11, 2015.

Important Disclaimer

Urge offers only the best and highest quality goods, and proudly stands behind the authenticity of its goods. In some instances, these goods may not be obtained directly from the designers but rather may have been purchased from reputable resellers at a discount. In this regard, Urge expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this site.

Transactions on Website

Urge reserves the right to refuse any order placed on the Website, and may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Urge makes a change to or cancels an order, it will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Urge reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

All goods purchased from UrgeGear.com are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.

Sales tax is applied to your UrgeGear.com order in accordance with individual state and local regulations if your shipping address is in the following state: Ohio. Appropriate tax charges will appear on the "Review Order" page during checkout.

Security Guarantee

Because Urge uses some of the most sophisticated, commercially available security software, it is extremely unlikely that any personal information that you transmit to us will be misappropriated. In the rare instance that an unauthorized person obtains your credit card information and uses it, by federal law, you are only liable for the first $50. In any instance where you have discovered or suspect fraud, you need to contact your credit card companies immediately. Because we are so confident in our security measures, we will reimburse you for the $50 not covered by your credit card company. That's our security guarantee. And for you, it means there is no risk when shopping at Urge.

Product Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Urge reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Urge has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Urge cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Web Sites and Services

The Website may contain links to other Web sites that are not under the control of Urge. Urge has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Website's users.

Intellectual Property Rights

Urge is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. Further, Urge is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, if you are a copyright owner and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Urge notice of an infringement, you must provide a written communication to URGEGEAR LLC, DMCA Infringement Notification Dept., 9899 East Washington Street, Chagrin Falls, OH 44023 or to info@urgegear.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

All materials contained on this site are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content. By using this site, you acknowledge that UrgeGear.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Urge owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

Urge and its related marks are trademarks and servicemarks of URGEGEAR, LLC. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on UrgeGear.com are the property of their respective owners.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, URGE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. URGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF URGES SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL URGE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Miscellaneous

You agree that the Website shall be deemed a passive service solely based in Ohio and shall not give rise to personal jurisdiction over Urge, either specific or general, in jurisdictions other than Ohio. These Conditions of Use shall be governed by the internal laws of the State of Ohio, without regard to its conflict of laws principles. Any claim or dispute between you and Urge that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of the federal and State courts located in Cleveland, Ohio. These Conditions of Use, together with the Privacy Policy and any other legal notices published by Urge on the Website, constitute the entire agreement between you and Urge concerning the Website. If any provision of these Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and Urge's failure to assert any right or provision under these Conditions of Use shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE CONDITIONS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

Most communications between Urge and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Urge shall satisfy any legal requirements that such communications be in writing.

Last Update: May 11, 2015