Terms of Use

Alleviance Inc., a Texas corporation (“Alleviance”, “us” or “we”), offers this website, www.gadgik.com ("Gadgik", a registered trademark brand of Alleviance Inc.) including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated in these Terms of Use. Alleviance reserves the right to make changes to these Terms of Use at any time by posting new terms and conditions on this page.

Your continued use of the Site constitutes your agreement to all terms and conditions set forth herein, as modified from time to time.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE PLEASE DO NOT USE THE SITE, BECAUSE BY USING THE SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TERMS OF USE.  Please note that these Terms of Use may be revised and reissued without notice at any time by updating this page. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on September 24, 2015.

Use of the Site

The content of the pages of the Site is for your general information and use only. It is subject to change without notice.

Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through the Site meet your specific requirements.

The Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

All trademarks reproduced on the Site which are not the property of, or licensed to, the operator are acknowledged on the Site.

Unauthorized use of the Site may give rise to a claim for damages or be a criminal offense.

You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without Alleviance' express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of Alleviance. For purposes of these Terms of Use, ‘‘co-branding’’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Alleviance in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Registration

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at Alleviance believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. 

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). 

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Alleviance shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Alleviance considers insecure, Alleviance will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Alleviance reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. 

Investigations

Alleviance reserves the unfettered right to investigate suspected violations of these Terms of Use. Alleviance may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Alleviance may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Alleviance believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Alleviance will fully cooperate with any law enforcement authorities or court order requesting or directing Alleviance to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALLEVIANCE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ALLEVIANCE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ALLEVIANCE OR LAW ENFORCEMENT AUTHORITIES. 

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner.

None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Alleviance. Violation of this provision may result in civil and criminal penalties.

Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here [insert link] for our Privacy Policy, which forms part of these Terms of Use. 

How To Contact Us

The Site is controlled and operated by Alleviance Inc., [2000 East Lamar Blvd, Ste. 320, Arlington, TX 76006]. The phone number is (844) 442-3445. Please forward any comments or questions to sales@gadgik.com

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLEVIANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLEVIANCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GADGIK’ WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLEVIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALLEVIANCE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ALLEVIANCE ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

No agent or representative has the authority to create any warranty regarding the Site on behalf of Alleviance. Alleviance reserves the right to change or discontinue at any time any aspect or feature of the Site.

All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and Alleviance does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

Limitation of Liability

ALLEVIANCE DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ALLEVIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ALLEVIANCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

Indemnification

You agree to indemnify and hold harmless Alleviance Inc. and its officers, directors, shareholders, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these Terms of Use, or from your placement or transmission of any content onto the Site.

Third-Party Sites

From time to time the Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such websites. We have no responsibility for the content of such linked websites.  You acknowledge that (whether or not such websites are affiliated in any way with Alleviance) Alleviance is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any website by Alleviance or any association with its operators. 

Alleviance Inc. cannot ensure that you will be satisfied with any products or services that you purchase from any third-party website that links to or from Gadgik!. Alleviance does not endorse any of the merchandise, nor has Alleviance taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. Alleviance does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. 

Local Regulations

Alleviance Inc. makes no representation the content in the Site is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Jurisdictional Issues

The Site is controlled and operated by Alleviance Inc. from its offices within the State of Texas, United States of America. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as they are applied to agreements entered into and to be performed entirely within Texas. Any action you, any third party or Alleviance Inc. may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Tarrant County, Texas, and you expressly consent to the jurisdiction of said courts. 

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.