Terms and Conditions
Last Updated: 1st November 2015
MiGear ExtremeX (“MiGear ExtremeX”, “us” or “we”) provides software and services that allow its customers to upload data from a MiGear ExtremeX electronic device (each, a “Device”) to MiGear ExtremeX’s servers for backup and archival purposes. Visitors to the MiGear ExtremeX website (the “Website”) may also choose to become registered members of the Website. The services offered by MiGear ExtremeX include the MiGear ExtremeX website (the “Website”), together with the features, content,
or services offered from time to time by MiGear ExtremeX through or in connection with the Website (collectively, the “Services”).
These Terms of Service (the “Terms”) set forth the legally binding terms and conditions governing your use of the Website and the Services. By using the Website or the Services, or by registering for an account on the Services, you hereby agree to be bound by these Terms, whether you are a “Visitor” (which means that you simply browse the Website) or a “Member” (which means that you have registered with MiGear ExtremeX and set up an account, as described in Section 3 below). Visitors and Members may be referred to collectively as “Users”.
YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.
1. Additional Terms. Certain features of the Services or Website may be subject to additional guidelines, terms, or rules, which will be posted on the Services or Website in connection with such features (“Additional Terms”). Unless otherwise provided in such Additional Terms, all such Additional Terms are incorporated by reference into these Terms, and you hereby agree to comply with such Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms take precedence in relation to their particular feature of the Website or Service.
2. Amendments. MiGear ExtremeX may modify these Terms from time to time, at its sole discretion, by posting notice of the change on the Services. If you are a new User of the Services, any changes to these Terms will be effective immediately. If you are an existing Visitor, any changes to these Terms will be effective thirty (30) calendar days after posting of notice of such changes on the Services. If you are an existing Member, MiGear ExtremeX will also notify you of any material changes to these Terms by sending you an email to the email address specified in your Account profile, and such changes shall be effective for you upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Services or thirty (30) calendar days after dispatch of such email notice to you. MiGear ExtremeX may require you to provide consent to the amended Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change after receiving a notice of such change, you shall stop using the Services and terminate these Terms as described below. Otherwise, your continued use of the Services constitutes your acceptance
of the changes. Please regularly check the Website to view the then-current Terms.
3. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of legal age to form a binding contract with MiGear ExtremeX; and (d) your use of the Services does not violate any applicable
law or regulation. We reserve the right to delete your account on the Services (the “Account”) without warning if we believe that you have breached any of the foregoing representations or warranties.
4. Password. When you sign up for an Account to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify MiGear ExtremeX immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
5. Term. These Terms shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the Account profile page. MIGEAR EXTREMEX MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT EMAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 6 through 19 of these Terms will remain in effect. You understand that termination of these Terms and your Account involves deletion of your MiGear ExtremeX profile information from our live databases as well as any Content that you uploaded to the Website using such Account. MiGear ExtremeX will not have any liability whatsoever to you for any termination of your Account or related deletion of your Content.
6. Content; Acceptable Use.
6.1 MiGear ExtremeX Content. The Services contain text, files, design templates, images, photos, video, sounds, works of authorship, and other material (“Content”) of MiGear ExtremeX and its licensors (“MiGear ExtremeX Content”). As between you and us, MiGear ExtremeX and its licensors (including other Users) own and retain all proprietary rights in the MiGear ExtremeX Content and the Services. Subject to the terms and conditions of these Terms, MiGear ExtremeX hereby grants you a limited, revocable, non-sub licensable license to reproduce the MiGear ExtremeX Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as expressly provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, or otherwise use the MiGear ExtremeX Content.
6.2 User Content. You hereby grant to MiGear ExtremeX a nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, modify, create derivative works, reproduce, distribute, perform, and display any Content that you upload, post, email, transmit or otherwise make available on the Website, including any Content that you may have originally received from third parties (“User Content”). Upon the termination of this Agreement, MiGear ExtremeX will have the right to continue its use of the User Content as set forth above only to the extent that your personally-identifiable information has been removed from such User Content (for example, to the extent that such User Content is embedded in aggregate statistics or data caches). The foregoing shall not apply to the extent that you and MiGear ExtremeX separately agree in writing upon different terms governing MiGear ExtremeX’s surviving use of certain User Content.
6.3 Your Content and Activity. You are solely responsible for (a) any and all User Content that is posted by or through your Account on any Services, including any email,
and (b) your interactions with other Users.
6.4 Prohibited Content. You agree that you will not post, submit, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes User Content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, harasses, or advocates stalking, bullying,
or harassment, of another person; (c) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spam;” (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (e) promotes, reproduces, performs or distributes an illegal
or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (f) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (h) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (i) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (j) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (k) involves commercial activities that are detrimental to the interests of MiGear ExtremeX; or (l) otherwise violates these Terms or potentially creates liability for MiGear ExtremeX. You agree to indemnify and hold MiGear ExtremeX and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
6.5 Acceptable Use. You will not (a) use the Services or any information obtained from the Services in order to harass, abuse, send spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent, (b) cover or obscure (whether through HTML/CSS, scripting, or any other means) the banner advertisements that might be placed on any MiGear ExtremeX page; (c) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (d) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from
the Services; (e) attempt to impersonate another User or person, including any employee of MiGear ExtremeX; or (f) use the Services in violation of any applicable law
6.6 Enforcement by MiGear ExtremeX. MiGear ExtremeX has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of MiGear ExtremeX (a) violates these Terms; (b) is Prohibited Content, (c) is illegal, (d) violates the rights, harms, or threatens the safety of any User or any other person;
or (e) creates potential liability for MiGear ExtremeX, its suppliers, service providers, partner companies, or any User. MiGear ExtremeX reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate any provision of these Terms, including without limitation, by removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
7. Copyright Policy. It is MiGear ExtremeX’s policy to terminate membership privileges of any Member who repeatedly infringes copyright, upon prompt notification to MiGear ExtremeX by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for MiGear ExtremeX’s Copyright Agent for notice of claims of copyright infringement is as follows:
ATTN: Marketing & Copyright Team
PO Box 1110
Eagle Farm, Q 4009
Phone: (07) 3193 1110
Fax: (07) 3193 1588
8. Third Parties and Other Users.
8.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because MiGear ExtremeX does not control such Content, you agree that MiGear ExtremeX is not responsible for any such Content, including advertising and information about third party products or services. Because MiGear ExtremeX does not have control over such Content, MiGear ExtremeX makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and MiGear ExtremeX assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
8.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. You agree that MiGear ExtremeX will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other
User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), MiGear ExtremeX is under
no obligation to become involved; however, MiGear ExtremeX reserves the right to monitor disputes between you and other Users.
8.3 Third-Party Links. The Website or the Services may contain links to advertisements, web sites and services operated by third parties (“Third Party Services”).
Such Third Party Services are not under the control of MiGear ExtremeX, and MiGear ExtremeX is not responsible for the content of any third party web site or any link contained in a Third Party Service. MiGear ExtremeX provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make
9. Warranty Disclaimer. MiGear ExtremeX is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. Without limiting the foregoing, the Services are provided for entertainment and recreational purposes only, and are not part of a physician-approved health, fitness, or exercise program. Consult your physician before undertaking any new health, fitness, or exercise program. TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS, EXCEPT TO THE EXTENT THAT A SEPARATE WRITTEN LIMITED WARRANTY MAY BE PROVIDED IN CONNECTION WITH PRODUCTS AS DESCRIBED IN SECTION 6.5, THE WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE, AND MIGEAR EXTREMEX EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT MIGEAR EXTREMEX’S CUSTOMER CARE DEPARTMENT AT email@example.com.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MIGEAR EXTREMEX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE SERVICES, OR THE PRODUCTS, EVEN IF MIGEAR EXTREMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Release. You hereby release MiGear ExtremeX, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims,
with other Users.
12. Indemnity. You agree to defend, indemnify, and hold MiGear ExtremeX, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your use of the Services in violation of these Terms; or (b) your breach of any provision of these Terms.
13. Electronic Communications. The communications between you and MiGear ExtremeX use electronic means, whether you visit the Website or send MiGear ExtremeX emails, or whether MiGear ExtremeX posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MiGear ExtremeX in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MiGear ExtremeX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
14. Governing Law and Arbitration. These Terms shall be governed by the laws of Australia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. MiGear ExtremeX may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Australian law, including the laws governing what can be legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Products from the Website.
15. Notices. MiGear ExtremeX may give any notice required by these Terms by means of a general notice on the Website, electronic mail to your email address on record with MiGear ExtremeX, or by written communication sent by mail or pre-paid post to your address on record with MiGear ExtremeX. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first mail or pre-paid post) or twelve (12) hours after sending (if sent by email).
You may give notice to MiGear ExtremeX, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by MiGear ExtremeX) at any time by any of the following: letter sent by confirmed facsimile to MiGear ExtremeX at the following fax number: (07) 3193 1588, letter delivered by nationally recognised delivery service or courier postage to MiGear ExtremeX at the following address: Legal Department, MiGear ExtremeX, Inc., c/o Sourcehub, PO Box 1110 Eagle Farm Q 4009.
16. Relationship of Parties. You and MiGear ExtremeX are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement that contradicts anything in this section.
17. Force Majeure. MiGear ExtremeX will not be liable for non-performance or delay in performance caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo
or any “act of God.”
19. Copyright/Trademark Information. Copyright © 2015, MiGear ExtremeX. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the
Website are the property of Sourcehub & KreativeDNA. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
WARRANTY 30 DAY GUARANTEE
If you purchased a product from our website www.migearextremex.com, and you are not satisfied with the product for any reason you may return the product to us for a complete refund or exchange within the 30 day period following the date you received the product. If you are requiring a refund/replacement you will need to call us on
1800 224 814 and speak with one of our Customer Service Staff members in order for you to request an RMA (Return Merchandise Authorization) number.
Warranty is excluded for the following circumstances –