These Terms of Service ("Terms") govern your access to and use of the products and services operated by GEARU LLC ("GEARU," "we," "us," or "our"), including SignUpSpark and Aquametrics. By using any of our Services, you agree to these Terms.
By accessing or using any GEARU LLC product or service, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), have read and understood these Terms, and agree to be bound by them.
GEARU LLC operates the following products and services:
3.1 License: Upon payment, we grant you a limited, non-exclusive, non-transferable license to access and use SignUpSpark for your personal or business purposes.
3.2 Billing: Subscriptions are billed on a monthly or annual basis as selected. Your subscription renews automatically until cancelled.
3.3 Cancellation: You may cancel at any time. Access continues through the end of the current billing period. No pro-rated refunds for partial months.
3.4 Acceptable Use: You agree not to use our software to violate any laws, infringe third-party rights, distribute malware, send spam, or engage in any abusive or harmful activity. We reserve the right to suspend accounts in violation of these terms.
3.5 Availability: We aim for high availability but do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance where possible.
4.1 License: We grant you a limited, non-exclusive, non-transferable license to access and use AquaMetrics WP, including the website and iOS app, for your personal or club purposes.
4.2 Acceptable Use: You agree not to misuse scoring, results, or account features, violate any laws, infringe third-party rights, or engage in abusive or harmful activity. We reserve the right to suspend access in violation of these terms.
4.3 Availability: Live scores and results depend on timely data entry and connectivity. We aim for reliable availability but do not guarantee uninterrupted access or real-time updates in every circumstance.
4.4 Updates: We may provide updates to the website and iOS app at our discretion. Updates are subject to these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at neal@gearu.biz if you suspect unauthorized access.
All content, trademarks, logos, software, and designs associated with GEARU LLC brands are the property of GEARU LLC or its licensors. You may not use our intellectual property without prior written permission.
ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEARU LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE SIX MONTHS PRECEDING THE CLAIM.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes not resolved by arbitration shall be resolved in the state or federal courts located in Contra Costa County, California.
Except for claims that qualify for small claims court, all disputes arising out of or relating to these Terms or our Services shall be resolved by binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration shall take place in Contra Costa County, California. You waive any right to participate in class action lawsuits or class-wide arbitration.
We may update these Terms at any time. We will notify you by updating the effective date above. Continued use of our Services after changes take effect constitutes your acceptance.
GEARU LLC
Clayton, CA 94517
neal@gearu.biz