First Gear / Turn 14 Powersports

125 Bear Creek Parkway

Keller, TX 76248

firstgear@firstgear-usa.com

Website
Last Updated: April 22, 2024

Welcome to the Turn 14 Distribution d/b/a First Gear (“we,”“us,”or“our”) https://www.firstgear-usa.com (our “Site”) . Through our Site, you are able to view our products, subscribe to our catalog, log into your account, or otherwise access or use the various content, features, software, or other services offered by us through the Site (collectively, the “Services”). Your use of our Services is governed by these , as updated periodically, together with our Privacy Policy (collectively, “Terms”). Our Privacy Policy, as updated periodically, can be accessed here and is hereby expressly incorporated herein by reference. References to “you” or “your” mean our Site visitors, account holders, catalog subscribers, and all other users of our Services. Please read these Terms carefully before you start to use the Services. BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

1. Account Registration

User Registration: In order to purchase our products, you must register for an account through our Site. Any account that you set up is subject to these Terms. These Terms will be updated periodically and the latest version can be found here. Your continued use of the Services after the posting of revised constitute acceptance of the revised terms. You declare that the information supplied by you through the Services is true, complete, and accurate. You are, therefore, directly responsible for any negative consequence that results from a breach of these Terms, both to you and to any third party. You must, at all times, keep your information updated through your account or, if you are having trouble with your account, via the email address listed in the “Contact Us“ section of these Terms.

Account Security: You will set up a password as part of the registration process. You are solely responsible for maintaining the confidentiality of the password associated with your user account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your user account. We cannot, however, guarantee absolute security of your user account or any of your Personal Information that we obtain about you through our Services. We cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to your account.

2. Services Generally

Accessing the Services: You are responsible for both making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your Internet connection are aware of these Terms and comply with them. We reserve the right to withdraw or amend the Services and material we provide through the Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of or to the entire Services.

Outdated Information: We may update the content of the Services from time to time, and the content may not necessarily be complete or up-to-date. Any of the material on the Services may be out of date at any given time, including, but not limited to, any pricing, and we are under no obligation to update such material.

Reliance on Information Posted: The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information including, but not limited to, information related to pricing. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of contents of the Site or Services.

3. Minors Under 18 Years of Age

The Services are intended solely for persons who are 18 years of age or older. If you are under the age of 18, or such higher age as may be required in your country to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Services, you represent and warrant that you are of legal age to form a binding contract, typically 18 years of age or older, or a parent or legal guardian has read and agreed to these Terms on your behalf. If you do not meet this requirement, you must not access or use the Services.

4. Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services, or assist or encourage any other party, to engage in any of the following prohibited activities:

• Any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• To impersonate or attempt to impersonate us, one of our employees, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• Submitting to the Site or Services or to us any information that may be protected from disclosure by applicable law;
• Any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• If applicable, avoiding payment of charges or fees payable by you with respect to the Services;
• Collecting, automated or non-automated scraping, or harvesting any information relating to an identified or identifiable individual, including names and information about users of the Site or Services, from the Site or Services;
• Bypassing the measures we may use to prevent or restrict access to the Site or Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services or the content therein;
• Accessing the Site or Services to monitor its availability, performance or functionality;
• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site or Services are stored, or any server, computer, or database connected to the Site or Services;
• Attempting to disrupt, degrade, impair or violate the integrity or security of the Site or Services or the computers, services, applications/accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space;
• Using any automated system, including, without limitation, “robots,” “bot,” “spiders,” “offline readers,” or other automatic device, process, or means to access the Site or Services for any purpose or to access the Site or Services in a manner that sends more request messages to us than a human can reasonably produce in the same period of time by using a conventional web browser;
• Accessing any content on the Site or Services through any technology or means other than those provided or authorized by the Services;
• Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you; or
• Otherwise attempting to interfere with the proper working of the Site or Services.

5. Intellectual Property

Intellectual Property Rights: The Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

Allowable Uses: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or as provided as part of our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.

Prohibited Actions:

You must not:

• Modify copies of any materials from the Services.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks. Our name, trademarks, service marks, logos, designs, and slogans are trademarks of ours or our affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. You may not use such marks without our, or the respective owner’s, prior written permission.

6. Links from the Site

If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in social media links, sponsor or partner links, and advertisements, including banner advertisements, if applicable. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions for such websites.

7. Disclaimer of Warranties and Liability

No Guarantee: You understand that we cannot and do not guarantee or warrant that files available for downloading from the Services will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. Disclaimer of Warranties: YOUR USE OF THE SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Limitation of Liability: WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SERVICES) ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SITE OR SERVICES, THE USE OF THE SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR PARENT, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SERVICES, OR ANY PROGRAM IS TO STOP USING THE SERVICES AND WITHDRAW FROM ANY PROGRAM IN WHICH YOU ARE ENROLLED. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY US OR ANY OTHER PERSON OR COMPANY REGARDING COMMUNICATION OR CONTENT ON THE SERVICES. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (USD $100.00). THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

By utilizing the Services you agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any and all liability, losses, costs, fines, penalties, assessments, and expenses, including attorneys’ fees and costs, incurred by us through your use of the Services in violation of these Terms including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.

9. Cooperation with Law Enforcement and Government Agencies; Required Disclosures

You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Services, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body. You understand and agree that we may disclose your Personal Data if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent, at your expense), or if we believe that such action is necessary to (i) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (iii) to exercise or protect the rights, property, or the safety of us, our users, or others.

10. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, the parties shall first use their best efforts to resolve such dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically setting forth the precise nature of the dispute ("Initial Notice of Dispute"). If an Initial Notice of Dispute is being sent to us it must be emailed to firstgear@firstgear-usa.com and sent via mail to: Attn: Legal Department Turn 14 Distribution HQ 100 Tournament Drive Horsham, PA 19044

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Arbitration

Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Keller, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction. Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).

12. Class Action Waiver.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

13. Waiver of Jury Trial.

Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

14. Governing Law, Choice of Venue, and Jurisdiction.

For all legal proceedings arising out of use of the Services and/or relating to these Terms and the relationship between you and us, irrespective of any choice of laws rules, shall be governed by and construed in accordance with the laws of the State of Texas. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Tarrant County, Texas, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

15. Communications/Notice

By giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us concerning our Services (collectively, “Communications”). Communications may be those that we are required to send to you by law concerning us, your Personal Data, or the Services (“Required Communications”). Required Communications may also be those that we send to you for other reasons, such as related to your application or account or your order or purchase. You may also receive Communications from us that are not Required Communications. You may opt out of receiving all Communications, other than Required Communications, via email by clicking the unsubscribe link at the bottom of the emailed Communication or by updating the preferences in your account. However, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements. You may change the email or phone number on file for your account by contacting us through a means provided in the “Contact” section of these Terms. Our notices to you via email, regular mail, account notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. General Provisions

Relationship: You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Services. These Terms are not intended to confer any third-party beneficiary rights. Assignment: You may not assign, delegate or otherwise transfer your account or your obligations under these Terms. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Services. Interpretation: These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of the Terms 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 provision in the context of the entire Terms, and the other provisions of the Terms shall remain in full force and effect. No waiver by us of any provision or condition set out in these Terms shall be deemed a further or continuing waiver of such provision or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved. Where the context so permits, words used herein in the singular shall include the plural and vice versa.

17. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to our Site here. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

18. Contact Us

If you have questions, comments, or concerns regarding these Terms, please contact us at: firstgear@firstgear-usa.com. Additionally we can be reached through your account, via the contact form on our website, or by calling or writing us through the contact information below.

Telephone Number: 1-267-468-0350

Mailing Address:
Turn 14 Powersports
125 Bear Creek Parkway
Keller, TX 76248

Last Updated: April 22, 2024

This describes how Turn 14 Distribution d/b/a First Gear (“we,” “us,” or “our”) collects, uses, and discloses your Personal Data when you use our website at https://www.firstgear-usa.com/ (the “Site”), purchase our products, subscribe to our catalog, log into your account, or otherwise access or use the various content, features, or other services offered by us through the Site (collectively, the “Services”). This does not apply to information that we collect offline unless we specifically refer to this in our offline communication with you. This also does not apply to information that you provide to or that is collected by any third party, even if you access such third parties through the Services. By using the Services, you consent to and agree that we may collect, process, use, retain, share, and transfer your Personal Data as described in this . This supplements and is incorporated into our Terms of Use, which may be accessed here. By accessing, registering with, uploading, downloading, subscribing to, or otherwise using our Services, you agree to this and our Terms of Use, including any updates thereto.

1. Collecting Personal Data: Definition, Methods, Categories; Purposes; Third-Party Collections

1.1 Personal Data: When you access our Services, we collect the information you provide to us, and certain information about your device and interaction with the Site. In this , we refer to any information that can uniquely identify an individual as “Personal Data.” See the list below for more information about the means of collecting Personal Data, the categories of Personal Data we collect, the purpose of collection, and to whom we may disclose it and why. This in no way restricts or limits our use of aggregate data.

1.2 Information you provide to us: Personal Data you provide to us is collected directly from you for the business purpose of fulfilling your request to us, processing your payment information, communicating with you, and screening our Site for potential risk, copyright infringement, or fraud. You may provide us with your Personal Data when you, register for an account, subscribe to our catalog, purchase products, and when you request or use one of our other Services. If you elect to provide us with your Personal Data, you consent to its transfer and storage on our servers.

Categories of Personal Data we collect directly from you includes:

1.2.1 Identifiers: Such as your name, billing address, shipping address, email address, and phone number.

1.2.2 Financial Information: Such as payment information and credit card numbers.

1.2.3 Employment-related Information: If you are applying for a job with us, this Personal Data may also include employment-related Information such as your work history, a background check, your educational history, and the contact information of any references.

1.2.4 Sensitive Information: Unless it is related to an employment application, we ask that you not send us or disclose any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, sex life or orientation, criminal background, or trade union membership).

1.3 Device and Site Interaction Information: Device and Site interaction information is collected automatically and indirectly through the use of cookies, log files, web beacons, tags, or pixels when you access the Site or otherwise use our Services. This information is collected for the business purpose of loading and administering the Site accurately for you and to perform analytics on Site usage to optimize our Site and aid our understanding of who are users are.

Examples of Personal Data we collect indirectly related to your device includes the version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site. 1.3.1 Unique Identifiers: When you use or access the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “Unique Identifiers,” such as a universally unique identifier (UUID). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services may not function properly if use or availability of Unique Identifiers is impaired or disabled.

1.3.2 Tracking and Mobile Data: In order to perform our Services, when you use certain features of the Services, we may receive, collect, store, and process different types of information about your location, including not only general information (e.g., your IP address and zip code), but also more specific location-related information (e.g., precise geolocation).

1.3.3 Analytics: We use services like Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Data here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

1.3.4 Behavioral Advertising: We may use your Personal Data to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

1.4 Customer and Employee Consent: YOU ACKNOWLEDGE AND AGREE YOU ARE RESPONSIBLE (1) FOR ADVISING YOUR EMPLOYEES OR, IF APPLICABLE, YOUR CUSTOMERS ABOUT HOW WE COLLECT, USE, AND DISCLOSE INFORMATION ABOUT THEM AND (2) FOR OBTAINING WHATEVER CONSENTS AND WAIVERS FROM THIRD PARTIES MAY BE NECESSARY IN ORDER FOR US TO COLLECT, USE, AND DISCLOSE SUCH INFORMATION. YOUR OBLIGATION TO OBTAIN ANY REQUIRED CONSENTS EXISTS REGARDLESS OF WHETHER WE SEEK PROOF OF YOU FULFILLING YOUR OBLIGATIONS,

1.5 Third Party Collection: Certain third parties may use automatic information collection technologies, including cross-site tracking technologies, to collect Personal Data about you or your device. These third parties may include, but are not limited to, your internet service provider, your web browser, your mobile service provider, your mobile device manufacturer, online advertisers, and data analytics companies. We do not control these third parties or how they collect, use, or disclose your Personal Data. As stated above, this is not applicable to third party collection, use, or disclosure of your Personal Data. If you have any questions about the privacy practices of any third party, you should contact the responsible third party directly.

1.5.1 Social Media: The Site and App may contain links to our accounts on Facebook Twitter, LinkedIn or other similar social network. Clicking on any such links means that the respective social network will receive information on from which website you accessed the platform and may collect other Personal Data. It is also possible, if you are currently logged in as a user to the social network in question, that the social network will link this information to your account with the social network.

2. Sharing Personal Data: Categories, Purposes

2.1 Subsidiaries, Affiliates, and Business Partners: We may share your Personal Data within our corporate group, including with our subsidiaries, parent organization, and business affiliates in accordance with this and applicable law. We do so for the purposes of fulfilling your requests to us, performing our contract with you, providing better service to our customers, and managing warranty, repair, or customer feedback.

2.2 Service Providers and Contractors: We may share your Personal Data with service providers and contractors to help us provide our Services and fulfill obligations to you. These service providers and contractors may include database and cloud service providers, billing systems, customer management services, payment processors, shipping companies, installation services, cybersecurity services, professional services such as legal and accounting, advertising and marketing services, and employee management and benefits programs.

We may disclose the Personal Data you share with us to our vendors, contractors, or service providers for a legitimate business purpose such as to process your payments, conduct a background check, or ship your products to you. We may disclose the Personal Data we collect indirectly from you with us to our vendors, contractors, or service providers for a legitimate business purpose such as for search engine optimization, Site processing, and Site performance and analytics. Here are some of our service providers, contractors, and vendors and links to their privacy policies and practices:

Authorize.net: Provides payment processing services. https://usa.visa.com/legal/privacy-policy.html

Amazon Web Services: Provides hosting for servers, services, and databases. https://aws.amazon.com/compliance/data-privacy/

Google Services (Google Analytics, Google Tag Manager, Gstatic): Tracks analytics on usage and behavior in apps and triggers usage events to get tracked for analytics.

https://policies.google.com/privacy

https://policies.google.com/technologies/partner-sites

https://policies.google.com/technologies/ads

Facebook: Provides ads and click tracking.

https://www.facebook.com/business/m/privacy-and-data

Twitter: Provides ads and click tracking.

https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads

https://business.twitter.com/en/help/ads-policies.html

https://twitter.com/en/privacy



LinkedIn: Provides ads and click tracking.

https://www.linkedin.com/legal/privacy-policy

2.3 Advertising: We may provide advertisements targeted to you based on the Personal Data we retain about you, such as information relevant to your general location. We do not sell your Personal Data to advertisers or other partners.

2.4 Asset Transfer: We may share your Personal Data with a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us is among the assets being transferred.

2.5 Legal Requests: We may share your Personal Data when required to do so by law enforcement, court order, or other legal process such as a subpoena. We generally do not disclose Personal Data unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your Personal Data when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the services or using our name, or to protect the safety of any person. This may include sharing Personal Data with other companies, lawyers, agents, or government agencies. Nothing in this is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

2.6 Sharing with Consent: We may share your Personal Data at your direction or any time we have your consent to do so, including implicit and tacit consent. This includes sharing your Personal Data as we have disclosed in this .

2.7 Depersonalized Information: We may share your Personal Data after it is aggregated or otherwise depersonalized such that it is no longer considered Personal Data.

3. Your Choices and Rights: Sharing Choices, U.S. Law, International Transfers

3.1 Your Choices: We respect your privacy and seek to provide you with options to manage the Personal Data collected about you while you are using our Services. We abide by the privacy laws applicable to you based upon your jurisdiction.

3.1.1 Emails: You may opt-out of receiving marketing messages from us and any of our Affiliates by unsubscribing through the unsubscribe or opt-out link in an email, or by emailing us at firstgear@firstgear-usa.com or contacting us via a means provided below in the contact section of this . We will try to comply with your request(s) as soon as reasonably practical. Please note that even if you opt-out of receiving marketing-related emails from us, we will still send you important account, purchase confirmation, and administrative messages.

3.1.2 Managing Cookies: You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact the functionality of the Site and your experience accessing our Services. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org. You may opt out of non-essential cookies on our Site here

3.1.3 Do Not Track: Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

3.2 Notice to California Residents: Each capitalized term used, but not defined, in this section shall have the meaning given to such term in the California Consumer Privacy Act of 2018 (“CCPA”). Personal Information as defined in the CCPA shall be included in Personal Data as used in this . If you are a resident of California, you have the right to access the Personal Data we hold about you, to ask that your Personal Data be corrected, updated, ported, or erased, and to opt out of the sale of your Personal Data. If you would like to exercise these rights, please contact us through the means indicated at the end of this . If you would like to designate an authorized agent to submit these requests on your behalf, please contact us through the means indicated at the end of this .

Please note the CCPA contains certain exceptions to applicability with respect to employees, job applicants and business contacts. These rights do not apply to California job applicants, employees, or business contacts.

3.2.1 Right of Access to Specific Information: You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:

• The categories of Personal Data we collected about you;
• The categories of sources for the Personal Data we collected about you;
• Our business or commercial purpose for collecting, sharing, or selling that Personal Data;
• The categories of third parties with whom we share that Personal Data;
• The specific pieces of Personal Data we collected about you (also called a data portability request) and provide a copy to you in an electronic or paper format; and
• The categories of Personal Data, if any, we disclosed for a business purpose to a third party.

3.2.2 Deletion Request Right: You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our Contractors and Service Providers to delete) your Personal Data from our (and their) records, unless an exception applies (as described below).

As permitted by CCPA we may delete your Personal Data by (a) permanently and completely erasing the Personal Data on our existing systems with the exception of archived or back-up systems; (b) de-identifying the Personal Data; or, (c) aggregating the Personal Data. We may deny your deletion request if retaining the information is necessary for us or one of our Contractors or Service Providers to:

• Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal, regulatory or law enforcement obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

3.2.3 Exercising Access, Data Portability, Correction, and Deletion Rights: To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to us by calling using the contact information at the end of this . Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Data. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. To be verifiable, the Consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative of that person and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm that the Personal Data relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use Personal Data provided in a verifiable Consumer request to verify the requestor's identity or authority to make the request. Upon receiving a data access, correction, data port or deletion request from you, we will verify your identity based on the information we have on file for you. Upon verification of your identity, we will proceed to process your request (subject to the exceptions stated above). We endeavor to confirm receipt of your request within ten (10) days of receiving it. We will respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing. We will deliver our written response via email to the email address associated with you or, if we are unable to determine your email address, via mail. Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

3.2.4 Non-Discrimination: We will not discriminate against you simply for exercising your rights under the CCPA.

3.3 Notice to Nevada Residents: If you are a Nevada resident who wishes to exercise your sale opt-out rights under Nevada Revised Statutes Chapter 603A you may submit a request to the contact information listed at the end of this . However, we do not sale your Personal Data as defined by the Nevada statute; thus it is unnecessary to opt out.

3.4 Notice to Residents of Non-U.S. Countries: Our headquarters is in the United States. The Personal Data we or our service providers and contractors collect may be stored and processed in servers within or outside of the United States and certain Personal Data may be accessible by persons or companies outside of the United States who provide services for us. As such, we and our service providers and contractors may transfer your Personal Data to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take reasonable steps to ensure that your Personal Data receives an adequate level of protection in the jurisdictions in which we process it.

If you are a resident of a country other than the United States, you acknowledge and consent to our collecting, transmitting, transferring, processing, storing, and otherwise using your Personal Data outside of the country in which you reside. Your acceptance of this or use of our Site or Services constitutes consent, either express, implied, or tacit, to collect, use, and share your Personal Data as indicated herein.

4. General Disclosures

4.1 Protecting Children: Our Services are for adults and are not directed to children. Should an individual whom we know to be a child, under the age of 18, send Personal Data to us, we will delete or destroy such information as soon as reasonably possible. If you believe a child has provided us with Personal Data, please contact us through the means indicated at the end of this Policy to request deletion.

4.2 Retention: When you access our Services, we will retain your Personal Data as long as it is necessary for the processing purpose in question or in accordance with our data retention policy. We determine the appropriate retention period based on the nature and sensitivity of the Personal Data being processed, the risk of harm due to unauthorized access versus the benefit of retention, and whether we can achieve the purposes of processing through other means. We may retain your Personal Data for longer periods if required by law, if you give us your permission, or in case of a legal dispute in which your Personal Data may be used as evidence.

4.3 Automatic Decision-Making: We do not profile or use automated decision making.

4.4 Cybersecurity: We use robust security measures to protect your information from unauthorized access, maintain data accuracy, and help ensure the appropriate use of information. To protect your Personal Data, we use physical safeguards including secured access to our facilities. We also limit access to your Personal Data to only those employees and service contractors that have a need to access it. Additionally, when the Services are accessed using the Internet, we use Secure Socket Layer (SSL) technology to protect information using both server authentication and data encryption. We also implement other advanced technology measures to prevent interference or access from outside intruders. We offer enhanced security features within the Services that permit users to configure security settings to the level they deem necessary, such as forced password changes and IP-restrictions.

4.4.1 In addition, Turn 14 Distribution is a licensee of TRUSEe. The website is also secured by VeriSign.

4.4.2 The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password and/or username for access to certain parts of our Service, you are responsible for keeping such information confidential. We ask you not to share your password or username with anyone. We ask you to select unique and secure passwords when setting up profiles in our Service.

4.4.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our Service. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

4.5 Changes to this : We may update this from time to time. The current version of this can be accessed here.

4.6 Contact Information: For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at firstgear@firstgear-usa.com.

Additionally we can be reached through your account, via the contact form on our website, or by calling or writing us through the contact information below.

Telephone Number: 1-267-468-0350

Mailing Address:

First Gear / Turn 14 Powersports

125 Bear Creek Parkway

Keller, TX 76248

This limited warranty applies only to defects in material and workmanship for certain products manufactured by Turn 14 Distribution (“Seller”). Seller’s liability is limited to replacing the product or refunding the actual purchase price paid. Seller, in its sole discretion, may honor the limited warranty by refunding the actual purchase price paid or replacing the product. Seller does not warrant products manufactured by other companies that we may offer for sale. EXCEPT FOR THE EXPRESS LIMITED WARRANTY, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSEQUENTIAL DAMAGES, LOSS OF USE OR ANY OTHER INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGE ARISING OUT OF THE OPERATION, FUNCTION OR CHARACTERISTICS OF THE PRODUCTS MANUFACTURED BY SELLER. THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY OF BUYER.

First Gear warrants limited warranty applies only to defects in material and workmanship for certain products manufactured by First Gear and Turn 14 Distribution (“Seller”). Seller’s liability is limited to replacing the product or refunding the actual purchase price paid. Seller, in its sole discretion, may honor the limited warranty by refunding the actual purchase price paid or replacing the product. Seller does not warrant products manufactured by other companies that we may offer for sale.

First Gear warrants limited warranty applies only to defects in material and workmanship for certain products manufactured by First Gear and Turn 14 Distribution (“Seller”). Seller’s liability is limited to replacing the product or refunding the actual purchase price paid. Seller, in its sole discretion, may honor the limited warranty by refunding the actual purchase price paid or replacing the product. Seller does not warrant products manufactured by other companies that we may offer for sale.

Any defect or performance deficiency which results from any of the following will void the limited warranty:

• (1) improper care, storage or handling;
• (2) the natural breakdown of materials over time;
• (3) accidents, crashes or use in races or other competition;
• (4) absence of any necessary component;
• (5) alteration of the product;
• (6) combining the product with incompatible components or accessories; or
• (7) acts of God or causes beyond the reasonable control of the Seller

We are available by email at firstgear@firstgear-usa.com

Please make any warranty claim through the electronic form available at Warranty Claim. A claim number will be assigned. You may be required to ship the product to Seller. Such shipment is at your own cost.

This warranty is limited to products purchased in the United States of America only and does not apply to international purchases.

First Gear offers some replacement parts. Normal replacement parts will be located near the product online or there may be a replacement parts link near the parts application or description. If you cannot find what you are looking for feel free to email firstgear@firstgear-usa.com with the original First Gear part number and a description of the component needed (photos are will greatly help) We will gladly check to see if the part you are looking for is available and contact you.

Please send all First Gear heated apparel inquiries to sales@warmnsafe.com