GearScout Reviews – Terms & Conditions

By submitting sample products (“Samples”) to the Military Times GearScout review program (the “Program”), you as the product manufacturer and/or distributor (“you” or “your”) agree to be bound by the Military Times Terms of Service (as currently available at https://www.militarytimes.com/m/terms-of-services/) (the “Terms of Service”), and that the Samples and products they represents (collectively, the “Products”), together with your  associated intellectual property, including any copyrights, trademarks, service marks, trade names or other materials provided by you (your “Materials”), constitute User-Provided Content subject to the Terms of Service, including the rights and licenses set forth therein. You additionally agree as follows:

1. Reviews are conducted by Military Times, Clint Emerson, LLC and other reviewers engaged by Military Times and represent such reviewers’ experience and opinions with the Samples. Military Times, its affiliates, and their respective agents and representatives, including Clint Emerson (collectively, “Military Times”), reserve the right to review or not review the Products in our sole discretion and will not be liable for failure to review any Products, for the length or medium (written, audiovisual, etc.) of any review, for a score or label (e.g., “GearScout Approved”) given to any Product, for any dissatisfaction, disagreement, or negative opinions expressed in a review, or for any perceived harm to reputation or business resulting from a negative review.
   
2. Samples shall be packed and secured in such a manner as to reach the destination in good condition under normal conditions of transport, and you shall comply with (i) all applicable laws and regulations related to packing and shipping, and (ii) any additional rules and procedures established by your commercial carrier. Samples must be of the same quality and appearance, including color, design, and style, as the like Products offered for sale by you to the public. Samples remain your property at all times and, unless otherwise agreed and you provide a prepaid, return-shipping label, you instruct Military Times to donate or destroy all Samples after Military Times has completed testing.
   
3. You represent and warrant that, (i) you have full power and authority to enter into these terms and provide the Samples; (ii) the Products: (a) are identical in appearance and equal in quality to Samples; (b) are free from defects in design, material, construction and workmanship; (c) are fit for the particular purpose for which such Products ordinarily are used; and (d) present no risk of damage to property or injury, harm or illness to any person when used for their intended purpose in accordance with any instructions you provide; (iii) you are the owner or an authorized licensee of all rights to the Products and your Materials, and the Products and your Materials do not infringe upon the intellectual property or other rights of any third party; (iv) the Products comply with applicable federal, state, provincial, and local laws, statutes, rules, regulations, ordinances, and orders, including those related to health, safety, labeling, product claims, product safety, product composition, adulteration, and intended use; (v) you will not and do not give, offer, agree or promise to give, or authorize the giving, directly or indirectly, of any money or other thing of value to anyone as an inducement or reward for favorable action or forbearance from action or the exercise of influence, or for any other improper advantage; and (vi) you and any of your authorized designee are not subject to trade control or financial sanctions restrictions under lists maintained by the United States, Canada, the United Kingdom, the European Union, the United Nations, or other countries or international organizations.
   
4. You agree to indemnify and hold Military Times and Clint Emerson, LLC harmless from and against any third party claims, damages, liabilities, penalties, interest, fines, losses, costs and expenses, including reasonable attorneys’ fees arising out of or relating to: (i) your breach or alleged breach of these terms; (ii) any actual or alleged infringement, misappropriation, or misuse of any third-party rights, including intellectual property rights, relating to any Products or Materials; (iii) any actual or alleged defect in any Products; (iv) any actual or alleged illness, injury, or death to person or damage to property arising out of the furnishing, use, or performance of the Samples or the Products; or (v) any failure by you to provide complete, truthful, and accurate information and content about the Products.
   
5. These terms, and the Terms of Service, constitute the entire agreement of the parties with respect to the subject matter hereto. Military Times may update these terms at any time. Your continued use of the program or submission of additional Samples constitutes your agreement to these terms as updated.