Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR COMPLETING A PURCHASE. All users of this site agree that access to, use of this site, and purchase of products therefrom are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or purchase goods therefrom.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HOLDFAST GEAR, LLC. The collective work includes works that are licensed to HOLDFAST GEAR, LLC.Copyright 2017, HOLDFAST GEAR, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HOLDFAST GEAR, LLC or purchasing HOLDFAST GEAR, LLC. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HOLDFAST GEAR, LLC or to purchase HOLDFAST GEAR, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HOLDFAST GEAR, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of HOLDFAST GEAR, LLC used in the site are trademarks or registered trademarks of HOLDFAST GEAR, LLC All other trademarks, service marks and trade names, registered or unregistered, are the properties of their respective owners. Your use of the HOLDFAST GEAR, LLC site and related sites does not imply permission to use these trademarks, service marks, and trade names, registered or unregistered, absent express permission to do so.
The appearance of the moneymaker is a registered trade dress of HOLDFAST GEAR, LLC. Other distinctive terms and/or artwork are trademarks of HOLDFAST GEAR, LLC. CAMERA SWAGG® and HOLD FAST® are Registered Trademarks of HOLDFAST GEAR, LLC. MONEY MAKER TM, SIGHTSEER TM, ROAMOGRAPHER TM and other distinctive names are trademarks of HOLDFAST GEAR, LLC.
Patents
The HOLDFAST MONEY MAKER TM is protected by U.S. Design Patent D683,384, U.S. Design Patent D757,844, Mexican Industrial Design Registration 47,440, and Canadian Industrial Design 161,281. The HOLDFAST Ruck Strap is protected by U.S. Design Patent D663,955. The HOLDFAST SIGHTSEER TM Backpack System is protected by European Community Design Registration 003712645-0001. The HOLDFAST CAMERA SWAGG® is protected by Canadian Industrial Design 166,530 and European Community Design Registration 0028804864-0001. The HOLDFAST Camera HOLDFAST® Accessory Clip is protected by U.S. Patent 9,020,335. Other patents pending worldwide.
Warranty Disclaimer
This site and the materials and products on this site are provided subject only to the express warranty located here. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLDFAST GEAR, LLC DISCLAIMS ALL OTHER WARRANTIES THAN THAT LISTED IN THE LINKED FAQ, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOLDFAST GEAR, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HOLDFAST GEAR, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HOLDFAST GEAR, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF HOLDFAST GEAR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
In the event that a HOLDFAST GEAR, LLC product is mistakenly listed at an incorrect price, HOLDFAST GEAR, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HOLDFAST GEAR, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HOLDFAST GEAR, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HOLDFAST GEAR, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Patents, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Communication with You
HOLDFAST GEAR, LLC may deliver notices or other communications to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HOLDFAST GEAR, LLC. Additionally, if you provide your telephone number and signup for mobile alerts, HOLDFAST GEAR, LLC may provide such notices and other communications to you by means of your mobile device. Your carrier’s normal messaging and data rates and fees apply. The Site contains services and features that are available to or through certain mobile devices. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, comment posting, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HOLDFAST GEAR, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may only access, view, and use the site personally and for a non-commercial purpose in compliance with these Terms and Conditions. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the website’s content or any digital rights management mechanism, device, or other content protection or access control measure associated with the website or its content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content of the HOLDFAST GEAR website unless expressly permitted by HOLDFAST GEAR, LLC in writing. The content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the content of the HOLDFAST GEAR, LLC website, including montages, mash-ups and similar videos, wallpaper, desktop themes, and merchandise, unless it is expressly permitted by HOLDFAST GEAR, LLC in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Your Account
In order to access certain portions of our site you may be required to open an account. In order to set up an account you will be required to provide your name, email address and a password. You agree to provide accurate and complete information to us for your account and to update that information promptly if it changes. We will maintain your account information in accordance with the terms of our Privacy Policy. You are solely and entirely responsible for maintaining the confidentiality of your password and other account log-in information, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You agree that you will not use anyone else’s account or password at any time.
By establishing an account on our Site, you represent that you are at least thirteen (13) years old. Children under the age of 13 may only create an account on this site with parental consent. A parent who creates an account for his or her children under the age of 13 agrees to comply with these Terms and Conditions on behalf of him- or her-self and his or her minor children that he or she is the parent or legal guardian and has authorized to use the account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with these Terms and Conditions and any and all other HOLDFAST GEAR, LLC rules, policies, notices and/or agreements.
Participation Disclaimer
HOLDFAST GEAR, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HOLDFAST GEAR, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HOLDFAST GEAR, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HOLDFAST GEAR, LLC in its sole discretion.
We reserve the right to immediately terminate or place restrictions on your account or your use of the Site without prior notice or liability, if HOLDFAST GEAR, LLC determines in its sole discretion that you have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. HOLDFAST GEAR, LLC will notify you promptly if it has terminated or placed restrictions on your account, including a statement as to why action was taken on your account and what steps, if any, you can take to restore access to your account.
You agree that you will not (a) obtain or attempt to obtain any information from the Site; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the site, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the site.
Third-Party Links
In an attempt to provide increased value to our visitors, HOLDFAST GEAR, LLC may link to sites operated by third parties. However, even if the third party is affiliated with HOLDFAST GEAR, LLC, HOLDFAST GEAR, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HOLDFAST GEAR, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HOLDFAST GEAR, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
In some instances, links on the HOLDFAST GEAR, LLC site allow you to share your activities on the HOLDFAST GEAR, LLC site with third party social networking websites. Your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. NOTE: compliance with HOLDFAST GEAR, LLC’s Terms and Conditions does not necessarily mean that the intended use will comply with the terms of service and other agreements on each respective social networking website. PLEASE READ AND REVIEW EACH SOCIAL NETWORKING WEBSITE’S TERMS OF SERVICE AND OTHER AGREEMENTS BEFORE SHARING YOUR ACTIVITIES ON THE HOLDFAST GEAR, LLC WEBSITE WITH ANY SOCIAL NETWORKING WEBSITE. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE OUTSIDE SOCIAL NETWORKING WEBSITES AND THAT HOLDFAST GEAR, LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF OUTSIDE SOCIAL NETWORKING WEBSITES.
Indemnification
You agree to indemnify, defend, and hold harmless HOLDFAST GEAR, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Oklahoma, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HOLDFAST GEAR, LLC products) shall be in the state or federal courts located in Tulsa County, Oklahoma. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HOLDFAST GEAR, LLC products) must be commenced within one (1) year after the claim or cause of action arises. HOLDFAST GEAR, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HOLDFAST GEAR, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.