Terms of Use

1. Your Acceptance of Terms of Use
G Wear, LLC and its subsidiaries and affiliates (collectively "MyGWear.com") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between MyGWear.com and you governing your use of the Website. By using and/or visiting the www.MyGWear.com Website or any other Websites owned by MyGWear.com (collectively the "Website"), you signify your acceptance to both these Terms of Use and the MyGWear.com Privacy Policy, which is specifically incorporated into the MyGWear.com Terms of Use. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

2. Website Access
MyGWear.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without prior written authorization of MyGWear.com; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time. In addition, you agree to immediately notify MyGWear.com of any unauthorized use of your password or account or any other breach of security. MyGWear.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

By registering with MyGWear.com, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the MyGWear.com Website. You agree to provide true, accurate, current and complete information about yourself in all required fields. If any of your information changes, you agree to update your registration information as soon as possible.

3. The MyGWear.com Website
These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by MyGWear.com. MyGWear.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release MyGWear.com from any and all liability arising from your use of any third-party website.

4. Intellectual Property Rights
The content on the Website, including without limitation, the text, graphics, and photos created by and for MyGWear.com, ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MyGWear.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of MyGWear.com or as expressly provided herein. MyGWear.com reserves all rights not expressly granted in and to the Website and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

5. Disclaimer of Warranty / Limitation of Liability
(A) Users expressly agree that use of the service is at his or her sole risk. Neither G Wear, LLC, its affiliates nor any of their respective employees, agents, third-party content providers or licensees, if any, warrant that the service will be uninterrupted or error free: nor do they make any warranty as to the results that may be obtained from use of the service or as to the accuracy, reliability, or content of any information, service, (or merchandise) provided through the service.

(B) The service is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

(D) In no event will G Wear, LLC or any person or entity involved in creating, producing, or distributing the service be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.

(E) G Wear, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the online service.

(F) Each user specifically acknowledges that in no event will G Wear, LLC, its affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use by such user of any browser owned or operated by any party. Each user shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the service and users shall be responsible for all charges related thereto.

 6. Inaccuracy Disclaimer
From time to time there may be information on MyGWear.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your MyGWear.com purchase, please refer to our “Return Policy” in the Customer Service section of our website.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Collin County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

7. Indemnity
You agree to defend, indemnify and hold harmless MyGWear.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of MyGWear.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

8. Modifications to the Website
MyGWear.com reserves the right at any time and from time to time to modify the Website with or without notice. MyGWear.com shall not be liable to you or to any third party for any modification of the Website.

9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by MyGWear.com without restriction.

10. Copyright Notice
The MyGWear.com Website is termed “2011, GWear, LLC All Rights Reserved”, and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of MyGWear.com.

11. Trademarks
All of the MyGWear.com trademarks are owned by MyGWear.com and may not be used for any purpose without the prior written permission of MyGWear.com.

12. General
If any provision of these Terms 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 Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MyGWear.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MyGWear.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

13. Updates to Terms of Use
MyGWear.com reserves the right, at its sole discretion, to change, modify and/or remove any portion of MyGWear.com, or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of MyGWear.com after any changes to these Terms are posted will be considered acceptance of those changes.

14. Credit Card Safety
Our goal is to provide you with a safe and convenient online shopping experience. When placing an order online, your information is transmitted using SSL technology. To check the security of your connection, view the lower corner of your browser window as you place your order. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change
from "http" to "https".

15. How to Contact Us
If you would like to contact us for any reason regarding our Terms of Use or our Privacy Policy and Practices, please write us at: G Wear, LLC, 5000 Legacy Drive, Suite 100, Plano, Texas 75024, Attn: Customer Service.