Terms of Use

The Agreement is made by and between DivinGear.com, with its principal place of business at 1179 E. Homestead Rd., Sunnyvale, CA 94087 and each user of the web site. A “Person” is a natural person, a corporation, proprietorship, partnership, governmental entity, or any other legal person or entity.

By using this web site you agree that your access to and use of this web site and all purchases of merchandise through this web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the your own risk. If you do not agree to these terms and conditions, please exit this site immediately. These terms and conditions further are subject to change at any time without prior notice. Any such changes will be reflected on this page of this web site.

By placing an order or requesting information for goods or services offered or promoted by DivinGear.com, you hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Sunnyvale, California; both parties hereby give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.