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Terms and Conditions

All brand, product, service, and process names that appear on this website are trademarks of their respective holders. Reference to, or use of, a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of the use of the product, service, or process by Cine Gears Inc.

Use of Site

This site may contain proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.
Cine Gears Inc. and, as applicable, its subsidiaries, satellite companies, affiliates, etc., reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion including, but not limited to, if Cine Gears Inc. believes that customer conduct violates applicable law or is harmful to the interests of Cine Gears Inc. and its subsidiaries or partners.

Privacy Policy

Cine Gears Inc. use of personal information submitted to Cine Gears Inc. through this website is governed by the Cine Gears Inc. privacy policy.

Copyright

All content appearing on this website is the property of Cine Gears Inc. 201-6700 No. 3 road, Richmond, British Columbia, Canada, V6Y 2C3. Copyright © 2017 Cinegears. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents from this website so long as the document is used for information purposes only, and every copy of the document includes the following copyright notice: Copyright © 2017 Cinegears, all rights reserved. Any use of Cine Gears Inc. marketing material that does not include copyright information is in direct violation of this requirement, and will be subject to applicable copyright violation legal ramifications.

Return & Warranty Policies

Accepting the Cine Gears Inc. terms & conditions indicates that the customer understands and agrees to the Cine Gears Inc. return and warranty policies as explicated on the warranty information page of the Cinegears website.

Cinegears Terms & Conditions

BY USING CINEGEARS, INC.’S PRODUCTS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY AMENDMENTS OR UPDATES. YOU SPECIFICALLY ACKNOWLEDGE YOU HAVE READ THE ENTIRETY OF THIS AGREEMENT AND UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. DEFINITIONS

This paragraph shall define certain terms as used throughout this Agreement. “Assistance” means any installation, support or other ancillary work or services which the Company has agreed to supply to you in connection with the Goods. “Company” and/or “Cinegears” means Cine Gears, Inc. “Contract” means this agreement between you and the Company to supply the Goods subject to the terms and conditions set out in this agreement. “Product” and/or “Goods” means all products and equipment to be supplied under the Contract. “You/Your” means you, the purchaser of the Goods under the Contract.

2. LIMITATION OF LIABILITY, WAIVER, AND LIQUIDATED DAMAGES

It is understood and agreed: Cinegears AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, SUBCONTRACTORS, DISTRIBUTORS, RETAILERS, AGENTS AND INDEPENDENT CONTRACTORS ARE not insurers nor is this agreement intended to be an insurance policy or a substitute for an insurance policy. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY, ROBBERY, THEFT, Property damage, Fire, Smoke, BODILY INJURY OR ANY OTHER TYPE OF EMERGENCY or damage. you ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR INSURANCE NEEDS, AND PURCHASING ANY NECESSARY INSURANCE. YOU agree to look solely and exclusively to your insurer to recover all loss, damage, or expense DUE TO LOSS AND/OR DAMAGE TO YOUR PERSONAL PROPERTY OR REAL PROPERTY ALLEGEDLY CAUSED BY THE PRODUCT. You also agree to look solely and exclusively to your insurer in response to any claim for bodily injury, Property Damage, personal injury, and/or invasion of privacy ALLEGEDLY CAUSED BY THE PRODUCT, including claims made by or against you. YOU HEREBY RELEASE Cinegears from ANY AND ALL loss, damage, and/or expense which may occur as a result of Your use, Misuse, or attempted use, of the product, including, but not limited to, the FAILURE OF THE PRODUCT to perform, YOUR alleged failure to comply with any relevant rule, statute, code, law or ordinance, and any act or omission of Cinegears.

YOU acknowledge that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a FAILURE OF THE product, because, among other things: (a) The amount or value of property on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by a failure of the product is uncertain; (b) The amount of possible damages for Bodily injury or death is Uncertain; (c) what portion, if any, of any loss and/or Damage was proximately caused by the failure of the product is uncertain; AND, (D) The nature of the incidents are unpredictable.

YOU understand and agree that YOUR recovery of damages against Cinegears for any failure of the product, or any act or omission of Cinegears, is limited to THE AMOUNT YOU PAID FOR THE PRODUCT. IN NO EVENT WILL CINEGEARS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF CINEGEARS is ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE limitation of liability to the price YOU paid for the product ESTABLISHES Cinegears’s exclusive liability to you, and applies where Cinegears is alleged to be, or is found liable for, any Bodily injury, death, property loss, INVASION of privacy, or damage, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, indirect, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGE, resulting from any alleged failure of the Product. This limitation of liability shall apply irrespective of cause and regardless of whether such lawsuit or other claim is based upon active or passive negligence, breach of express or implied contract or warranty, contribution, indemnification, strict or product liability, failure to comply with any applicable law, or any other fault or failure of Cinegears, or the product. YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU HAVE THE OPPORTUNITY TO modify THIS LIMITATION OF LIABILITY BY CONTACTING CINEGEARS AND NEGOTIATING FOR CINEGEARS’ ASSUMPTION OF greater liability; (2) this limitation of liability does not conflict with any other provision in this Agreement; and, (3) this limitation of liability provision does not render any other provision in this agreement ambiguous.

3. LIMITED WARRANTY

Cinegears warrants the Product against defects in materials and workmanship when used as instructed by Cinegears’s user manual for a period of THREE (3) YEARS from Your date of purchase. This WARRANTY is NULL AND VOID IF PHYSICAL DAMAGE occurs to the Product in ANY WAY, INCLUDING BUT NOT LIMITED TO: REMOVAL or REPLACEMENT OF ELECTRONIC COMPONENTS, INCORRECT BATTERY USAGE, REMOVAL OF DEVICE SHELL or casing, ACCESSING the INTERIOR of the product with the exception of battery replacement in compliance with THE USER’S MANUAL, and/or any attempt to circumvent or alter the product’s prescribed operation.

TO THE EXTENT PERMITTED BY local LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. CINEGEARS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. To the extent SUCH WARRANTIES CANNOT BE DISCLAIMED, Cinegears LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT CINEGEARS’ OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.

Cinegears’ limited warranty covers only those defects arising from normal use of the product and does not cover any other problems, including those arising from: (1) improper maintenance; (2) software, media, parts or supplies not provided or supported by Cinegears; (3) operation outside the product’s specifications; (4) abuse of the product; (5) normal wear and tear; or, (6) unauthorized modification, alteration, or misuse.

4. INDEMNIFICATION AND SUBROGATION WAIVER

In the event that any lawsuit or other claim is filed or made by any third party against CINEGEARS which is based on or arises out of the product, including, but not limited to claims and lawsuits alleging THE PRODUCT failed to perform IN ANY RESPECT WHATSOEVER, YOU agree to be solely responsible for and shall indemnify, save, defend, and hold CINEGEARS harmless from and against all such claims including payment of all CINEGEARS’s damages, expenses, costs, and attorneys’ fees INCURRED IN RESPONSE to the claim or lawsuit. These obligations apply irrespective of cause and regardless of whether such lawsuit or other claim is based upon active or passive negligence, breach of express or implied contract or warranty, contribution, indemnification, strict or product liability, failure to comply with any applicable law, or any other fault or failure of CINEGEARS, OTHERS or the product. YOU agree to indemnify, save, defend, and hold CINEGEARS harmless from all claims and/or lawsuits for subrogation which may be brought against CINEGEARS by any insurer or insurance company or its agents or assigns including the payment of all CINEGEARS damages, expenses, costs, and attorneys’ fees. YOU HEREBY WAIVE ALL CLAIMS FOR RECOVERY AGAINST CINEGEARS FOR ANY LOSS OR DAMAGE TO ANY PROPERTY OR LOSS INSURED UNDER VALID OR COLLECTIBLE INSURANCE POLICIES. THIS WAIVER OF SUBROGATION RIGHT SHALL EXTEND TO ALL FORMS OF SUBROGATION, INCLUDING, BUT NOT LIMITED TO, EQUITABLE AND CONVENTIONAL SUBROGATION, AND SHALL BE BINDING ON ANY AND ALL ASSIGNEES OR SUBROGEES OF YOUR RIGHTS. In no event may You enter into any settlement or like agreement with a third party that affects CINEGEARS’s rights or binds Cinegears in any way, without Cinegears’ prior written consent.

5. INSTALLATION AND USE

You acknowledge and agree that You are solely responsible for decisions related to the installation and use of the Product, including, but not limited to, the proper installation of the Product, selection of the location for the Product, confirmation that the Product is properly installed, testing the Product, ensuring that the Product is working, and compliance with all relevant rules, laws, statutes, codes, regulations, and/or ordinances. You acknowledge and agree that You are not relying on Cinegears to install, repair, maintain, or monitor the Product, and agree and acknowledge that Cinegears cannot, and does not, ensure that the Product is installed or used correctly or in compliance with any applicable rules, laws, statutes, codes, regulations, and/or ordinances. It is solely Your obligation to advise Cinegears if there is an issue with the Product, and You, without limiting other releases in this Agreement, hereby release Cinegears from any damages, losses or expenses resulting from or as a consequence of issues related to the installation or use of the Product.

6. ADDITIONAL CUSTOMER DUTIES, RESPONSIBILITIES AND WARRANTIES

(A) Without in any way limiting the terms of Section 2, You acknowledge and agree that: (1) it is Your sole responsibility to comply with all rules, laws, statutes, codes, regulations, and/or ordinances, local, state, and federal, relevant to the use of the Product, including, but not limited to, those related to privacy rights, video recording, eavesdropping, and surveillance; and, (2) the Product is for Your own use and not for the benefit of any other party. (B) You acknowledge and agree that pursuant to Sections 2 and 4 of this agreement, You agree to waive any and all claims against Cinegears, and agree to fully defend and indemnify Cinegears, in response to any claim, demand and/or lawsuit arising out of (1) Your failure to comply with any rules, laws, statutes, codes, regulations, and/or ordinances, local, state, or federal, relevant to the use of the Product, including, but not limited to, those related to privacy rights, video recording, eavesdropping, and surveillance.

7. ADDITIONAL EQUIPMENT

If, at any time after the date hereof, You purchase additional Product, all sales are subject to the terms of this Agreement, including, but not limited to Sections 2, 3, 4 and 21. Any added features, hardware, or software to the Product, either purchased by You or obtained through software and/or firmware updates, are subject to all terms and conditions to this Agreement, including, but not limited to Sections 2, 3, 4, and 21.

8. CINEGEARS’S DEFAULT

In the event of any breach of this Agreement by Cinegears, You agree to provide written notice to Cinegears specifically identifying the nature of the breach and the provisions of this Agreement affected thereby, and to permit Cinegears to cure the breach within twenty (20) business days after receipt of the written notice. If the breach cannot be reasonably cured within said period, Cinegears will promptly commence to cure and diligently proceed until cured. If Cinegears cures any said breach as provided herein, this Agreement shall continue uninterrupted and Cinegears shall not be liable to YOU for any said breach.

9. CONSENT TO RECORD, DISCLOSE AND USE CONTENTS OF COMMUNICATIONS

You, as the owner and/or user of the Product, agree and acknowledge that it is solely: (1) Your responsibility and obligation to obtain any consent required by the jurisdiction in which You use the Product to record, retrieve, review, copy, disburse, disclose, interact through, or use the contents of any and all transmission, communication, or recording, video or photograph, obtained by the Product; and, (2) to comply with all relevant rules, laws, statutes, codes, regulations, and/or ordinances. Without limiting the provisions of Sections 2 and 4, You agree to fully and completely defend and indemnify Cinegears for any claim arising out of Your alleged improper use of the Product and/or Your failure to comply with Your legal obligations as user of the Product.

10. EXCLUSIONS AND LIMITATIONS

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Certain jurisdictions do not allow the exclusions of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by gross negligence, breach of contract, intentional acts, breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in Sections 2, 3, 4 and 20 of this Agreement which are lawful in the jurisdiction in which the use of the Product gives rise to the alleged damage or loss will apply to You and our liability will be limited to the maximum extent permitted by law.

11. ENTIRE AGREEMENT

The Terms of this Agreement (including any policies, guidelines or amendments that may be presented to You from time to time such as Policies and Legal Notices) constitute the entire agreement between You and Cinegears and govern Your use of the Product, superseding any prior agreements between You and Cinegears for the use of Product.

12. OTHER RIGHTS

may have other rights according to the applicable laws of your state or jurisdiction. You may also have other rights under a written agreement with Cinegears. Nothing in this policy affects your statutory rights, including rights of consumers under laws or regulations governing the sale of consumer products that cannot be waived or limited by agreement.

13. CHOICE OF LAW AND FORUM

For purposes of any suit, action, dispute, claim and/or other legal proceeding arising out of or from, in connection with or relating to this Agreement and/or the Product (“Claim”), You and Cinegears irrevocably consent and agree to submit any such Claim to binding Arbitration before the AAA and in accordance with the Commercial Arbitration/Mediation Rules of AAA.  You and Cinegears further consent and agree to mediation before the AAA, which Mediation may be requested simultaneously with any Arbitration demand, however, any such mediation hearing shall take place at least 21 days prior to the commencement of a final Arbitration hearing on the merits. You and Cinegears hereby also consent and agree to conduct such Mediation/Arbitration  within Frederick County, Maryland. The laws of the State of Maryland, excluding its conflicts of law rules, govern this Agreement and Your use of the Product. You and Cinegears waive any objection that either may have to jurisdiction or venue of any such Claim.

14. WAIVER AND SEVERABILITY OF TERMS

The failure of Cinegears to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the specific provision at issue, and the other provisions of the Agreement remain in full force and effect.

15. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, all claims, actions, requests, or proceedings against Cinegears must be commenced in court within one (1) year from the date of the event that resulted in the injury, death, property loss, or damage.

16. FORCE MAJEURE

The Company shall not be responsible or liable for its failure to perform its obligations, if such failure is beyond the control of the Company, or beyond the control of the suppliers of the Company, whether caused by acts of God, unavailability or shortages of materials or energy necessary to produce and/or deliver the Goods by usual modes of transportation, fire, flood, wars, embargo, strikes, labour disputes, explosions, riots, of laws, rules, regulations, restrictions or orders of any governmental authority, or any other cause, other than financial, beyond the control of the Company or its suppliers.

17. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be, and are, no third party beneficiaries to this Agreement.

18. PRICE AND PAYMENT

All prices are stated exclusive of any sales, use or VAT tax, delivery costs, and other levies, taxes or duties which may apply. You are responsible for assuring that the product can be lawfully imported to the destination country. You are the importer of record and must comply with all laws and regulations of the destination country. Orders may be subject to import taxes, customs duties and fees levied by the destination country. YOU MAY BE ASKED TO REMIT ANY SUCH CHARGES UPON DELIVERY OF THE PRODUCT. Cine Gears Inc. can not provide assistance in brokerage of duties or other customs requirements. All fees associated with the return of an item that is deemed undeliverable based on the shipping information provided at the time of order are the sole responsibility of the customer. Paypal transactions will be sent to the verified paypal address associated with the account, unless otherwise requested and the verified user the account provides us evidence of approval.

19. COMPLIANCE

Cinegears products are manufactured in China and all purchases and use of the Product outside of China are considered “International.” You are responsible for obtaining all consents, and for complying with all legal requirements necessary, to import into and operate Goods within any country other than the China. In the event that the legal operation of the Goods requires any form of license, permit or other form of regulatory or governmental allowance you understand and agree that obtaining those permissions is your sole responsibility. Cinegears may provide documentation and technical details available to Cinegears for International use and/or certification at Your explicit request. Cinegears will not provide this information unless explicitly requested by You. You agree to fully and completely defend and indemnify Cinegears for any claim arising out of Your alleged improper use of the Product and/or Your failure to comply with Your legal obligations as user of the Product.

20. DESPATCH AND DELIVERY

1. The Company will use reasonable endeavours to deliver on the dates or to any programme of dates agreed, but delivery dates cannot be guaranteed and time of delivery is not of the essence of the Contract. Company’s estimated processing and delivery time is 3 to 5 days.

2. The Company will deliver by the method of its choice unless otherwise agreed to the address specified by you. You will be responsible for the costs of delivery.

3. Any failure by the Company to make any one delivery shall not entitle you to terminate the Contract as to any remaining deliveries.

4. Contact your local courier and/or customs office for details on properly sending equipment across borders. Cine Gears Inc. is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

21. BINDING AGREEMENT; AMENDMENTS; GENERAL LEGAL MATTERS

This Agreement becomes binding when You purchase the Product. The headings used herein are for the convenience of the parties only and shall not be considered in construing the provisions of this Agreement. Should any term, provision, or condition of this Agreement, or the application thereof shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, or condition as applied shall remain in full force and effect. Changes or amendments to this Agreement must be in writing and signed by Cinegears and You to be binding. This Agreement is binding on Your heirs, executors, administrators, and successors, and shall be governed by and construed according to the laws of the State of Maryland without reference to its conflicts of law rules. The interpretation of this Agreement shall not be construed against the drafter.

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