Terms & Conditions
By accessing or using the website (the “Site”) of NexGear Gaming (“we”, “us”, or “our”), you accept and agree without modification to the following terms and conditions (the “Terms of Use”). These Terms of Use govern your access to and use of the Site.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. Please check this page periodically for changes. Your continued use of the Site indicates your acceptance of any revised Terms of Use.
Privacy Policy
Your use of the Site is also subject to our Privacy Policy, which is incorporated herein by reference. By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy. All personal information provided to us will be processed in accordance with the Privacy Policy. If there is a conflict between these Terms of Use and the Privacy Policy regarding the handling of personal information, the Privacy Policy will control.
Use of the Site
You are granted a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site for your personal, non-commercial use, conditioned on your continued compliance with these Terms of Use.
By using the Site, you represent and warrant that:
- All information you submit to us through the Site is truthful and accurate;
- You will maintain the accuracy of such information;
- You are 18 years of age or older; and
- Your use of the Site does not violate these Terms of Use or any applicable law or regulation.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not probe, scan, or test the vulnerability of the Site, nor use any robot, spider, scraper, or other automated means to access the Site without our express written permission, except for ordinary search engine indexing. You may not access or attempt to access any non-public portion of the Site or any personal information about another user.
We reserve the right to monitor your use of the Site and your compliance with these Terms of Use to the extent permitted by applicable law.
User Content
If you submit, post, upload, or otherwise provide any content to the Site, such as reviews, feedback, or suggestions (“User Content”), you retain ownership of any intellectual property rights you hold in that User Content. However, by submitting User Content, you grant NexGear Gaming a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, distribute, transmit, publicly display, reproduce, edit, translate, and reformat your User Content in connection with the operation of our business, and to publish your name in connection with your submission, subject to our Privacy Policy.
You represent and warrant that you own or otherwise control all rights to your User Content and that its use by us as described in this section will not infringe or violate any third party’s rights.
We reserve the right, at our discretion, to refuse to accept, transmit, or remove any User Content that violates these Terms of Use or applicable law.
Prohibited Conduct
When using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including rights of privacy and publicity;
- Publish, post, upload, or distribute any unlawful, fraudulent, obscene, indecent, or otherwise objectionable material;
- Upload files that contain viruses, corrupted files, or any other software that may damage the operation of another person’s computer or device;
- Use the Site to advertise or offer to sell goods or services for any business purpose without our prior written consent;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or collect information about others, including email addresses, without appropriate authorization or consent;
- Violate any applicable laws or regulations.
Links to Third-Party Websites
The Site may contain links to third-party websites. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of third-party websites. Accessing third-party websites from the Site is at your own risk.
Disclaimers
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXGEAR GAMING DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant or make representations regarding the accuracy, completeness, reliability, or availability of any content on the Site.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXGEAR GAMING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless NexGear Gaming from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site, your violation of these Terms of Use, or your violation of any rights of another, to the extent permitted by applicable law.
Governing Law and Venue
These Terms of Use shall be governed by applicable laws. Any dispute arising out of or relating to these Terms of Use or your use of the Site shall be brought before a court with appropriate jurisdiction, unless otherwise required by applicable law.
Termination
These Terms of Use are effective until terminated by either party. We may suspend or terminate your access to the Site where permitted by applicable law, including if we reasonably believe that you have breached these Terms of Use. Upon termination, rights granted to you under these Terms of Use will cease, and you must promptly discontinue all use of the Site. Provisions that by their nature should survive termination, including disclaimers, limitations of liability, indemnification, and applicable governing law, shall survive.
General Provisions
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.
The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms.
These Terms of Use, together with our Privacy Policy and other applicable policies posted on the Site, constitute the agreement governing your use of the Site, subject to applicable law.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions about these Terms of Use, please contact us at:
Email: [email protected]
Address: 75 Shenandoah Rd, Deerfield, IL 60015, USA
Website: https://turtelbech.it.com/
NexGear Gaming is an independent online retailer offering Turtle Beach products. We are not affiliated with, authorized by, or sponsored by Turtle Beach Corporation. Turtle Beach® is a registered trademark of Turtle Beach Corporation.