Terms of Use

This website is owned and operated by NiteGear. Please read over the following terms before using this website. Use of this site indicates that you have reviewed, accepted and are bound by these terms.

These Terms of Use apply to all users of the NiteGear website including without limitation users who are browsers, vendors, customers, and/or contributors of content. If you do not agree to all of the terms and conditions of this agreement, then you may not access the NiteGear (throughout this document also referred to as “we”, “us”, or “our”) website.

The current version of the Terms of Use can be viewed on this page at any time. NiteGear reserves the right to update, change, replace, or modify this Terms of Use at any time and without notice. You are responsible for checking this page periodically for changes. Your continued access or use of the NiteGear website after the posting of any changes constitutes your acceptance of these changes.

Use of Website and Website Content

NiteGear grants you the limited right to view the materials and/or content for your personal, non-commercial use. You may not modify the content on these websites in any way or reproduce, publicly display, distribute, or otherwise use the content for any public or commercial purposes unless otherwise authorized in writing by NiteGear.

Information made available on these websites may contain technical inaccuracies and/or typographical errors that are subject to change. Information made available on these websites may be changed or updated at any time without notice to you. We are not responsible if information on this website is not accurate, complete, or current. Any reliance on the information on the site is at your own risk.

This site may contain historical information. As implied, historical information is not current and provided for your reference only. We reserve the right to modify and update content at any time and without notice, but we have no obligation to update any information on this website.

In no event will NiteGear be liable to any party or any direct, indirect, special, or other consequential damages for any use of the website, or any other hyperlinked website, including, without limitation, any lost profits, lost savings, business interruption, loss of programs or other data on our computer, information handling system, or otherwise, even if NiteGear is expressly advised of the possibility of such damages.

Modification of Prices

Prices may appear on this website. Prices are subject to change without notice. Purchases are not made on this website. If the price displayed on this website varies from the price on the site where the purchase is actually made, the price displayed on the latter is correct and the one you will be billed for if you decide to go ahead with a purchase.

Ownership of Intellectual Property

NiteGear owns the copyright to all content from this website. Notwithstanding any other term or condition, we retains ownership to the copyright on the website and all content from the website.

NiteGear owns the trademarks, service marks, and trade dress (“Trademarks”) displayed on the website. Nothing on the websites should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on these websites is strictly prohibited, unless otherwise authorized in writing by NiteGear.

Third-Party Links

Links on this website may direct you to third-party websites that are not affiliated with NiteGear. We have not reviewed any or all of these third-party websites that may be linked to this website. By linking to a third-party website or permitting a third-party to link to this website, NiteGear does in no way endorse the third-party website, its operator, or the content of the linked website.

Please review carefully the third-party website’s policies and practices and make sure you understand them before engaging in any transaction. This includes any ecommerce or crowd funding websites featuring NiteGear products. Concerns about third-party websites should be directed to the third party.

User Comment, Feedback, and Other Submissions

If you send comments or feedback, you agree that we may – without restriction and at any time – publish, edit, distribute, or use these comments or feedback in any medium. We are under no obligation to maintain any submission in confidence, to pay compensation, or to respond to any comment.

NiteGear does not accept any unsolicited ideas for new products, marketing, advertising, business operations, research, and other like purposes. If you choose to ignore this policy and submit an idea to NiteGear, you agree that the idea shall become and remain the sole and exclusive property of NiteGear without any compensation to you.

Indemnification

You agree to indemnify, defend and hold harmless NiteGear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, intersn, employees, executives, and founders, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of a third-party.

Governing Law

These Terms of Use and shall be governed by the laws of the Province of British Columbia, Canada. The federal and provincial courts of the Province of British Columbia shall have exclusive jurisdiction over all claims. NiteGear makes no representation that the content on the website is appropriate for or available for use in other locations. Accessing the website from locations where their contents are illegal is prohibited. Those who access the website from such locations do so on their own initiative and are solely responsible for compliance with local laws.

Severed Provisions

If any provision of these terms and conditions is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

This is the entire agreement between the parties relating to the subject matter.