Welcome to geardorks.com a platform operated by Geardorks, LLC (“Geardorks, “we,” or “us”) that is an online marketplace where gun and gear buyers, sellers, and merchants (collectively “Users”) meet to conduct transactions.
Geardorks reserves the right, in our sole discretion, to revise the Terms as necessary or appropriate. While we do our best to e-mail Users of updates to our policies, as a courtesy, it is your responsibility to review the Terms to stay informed. This page will always reflect the most current version of our Terms.
All capitalized terms have the meanings given in the definitions section, unless they are otherwise defined in these Terms of Service.
Use of Our Services. Geardorks services are only available to individuals who can form legally binding contracts under Applicable Law and Our services are not available to persons under the age of 18 years of age and resident of the United States of America. If you do not qualify for an account for this reason, please do not use our services. This Platform provides a forum for Buyers and Sellers to engage in transactions for Items, including without limitation legal weapons, gear, merchandise, and other related products. If you use our services for Firearms or Ammunition, then you agree to comply with all Applicable Law for engaging in a lawful Transfer of such items, including the use of an authorized FFL broker. Geardorks is not involved in the transactions between Users and we are not responsible for the outcome of any transaction.
By registering for an account or using the Platform, you represent that you are at least 18 years of age and of the age of legal majority in your state or the United States of America. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep this information up-to-date. If you register on behalf of a Company, you represent that you have written or other sufficient corporate authority to form binding contracts under Applicable Law on behalf of your Company each time that you use the Platform.
You agree that you will not allow others to use your account, nor will you use your account or the Platform on an outsourcing basis or on behalf of third parties. You also agree not to seek to use the Platform if you are temporarily or permanently suspended from using the Platform. You agree that you are responsible for maintaining the confidentiality of your User ID and password and that you will not share that information with others, You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to your User ID and password and the Platform.
All listings through our Platform are Fixed-Price listings. Sellers may post a Listing for an Item at a fixed price. The fixed price is the amount the Seller is willing to accept. Buyers may then send an offer to be accepted by the Seller or purchase the item from the Seller at the Fixed-Price. Fixed-price Listings allow the Seller to list a quantity of the same items in a single Listing, which includes the total quantity of items available and the fixed price of each item. A potential Buyer may purchase one item or multiple items, up to the total quantity available. When a Seller posts a Listing for an Item at a fixed price, the Seller will have the ability to accept offers lower than the Fixed-Price amount. There is no auto-accept feature on our Platform.
An offer is a commitment to buy the Item at the offered price. The offer will be active for forty-eight (48) hours and cannot be retracted once sent.
If the Seller accepts the offer, the Item is sold at the offer price. The Seller may not propose a counter-offer. If the Seller takes no action within forty-eight (48) hours, the offer is automatically declined.
In order to use our Platform you must first register with Our Platform. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep your User Information up-to-date. It is a violation of U.S. federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not provide your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of Applicable Law. Currently, various state, federal and international law enforcement agencies, including the U.S. Department of Justice, Federal Bureau of Investigation (FBI) and the U.S. Secret Service, have become involved in investigating Internet fraud cases.
Once you register, you will receive a User ID and a password. You are responsible for maintaining the confidentiality of your User ID and your password. You are also entirely responsible for any and all activities that occur under your User ID and password. You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to Your User ID and password and the Platform.
The Platform is controlled and operated by Geardorks.com, which is based within the United States. We make no representation that functions or information found at the Platform are appropriate or available for use by persons at other locations outside of the United States and access to them from territories where their functionality or content are not permitted under Applicable Law. You may not use the Platform or export the information found on or at this Platform in violation of U.S. or other Applicable Laws regarding export or import. If you access this Platform from a location outside of the U.S., you are responsible for compliance with all Applicable Laws that apply to you in your use of the Platform. YOU ARE NOT ALLOWED TO ACCESS THE PLATFORM OUTSIDE OF THE UNITED STATES OF AMERICA.
The Platform is a listing and information service that brings together Buyers and Sellers. Geardorks.com is not a party to any transaction between Buyers and Sellers that originates on or through the Platform. Information about a particular Item is supplied by the Seller, not by Geardorks.com. The warranties on and other terms applicable to the sale of any Item are determined solely by the Listing. Geardorks.com is not an agent of any Buyer, Seller or other User of the Platform. We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any Posting or Listing from the Platform, at our discretion. Notwithstanding this right, we are not responsible for the Content of Listings or Postings posted by Users. Monitoring of Postings and Listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose. You and Geardorks are independent contractors. No agency relationship, partnership, joint venture, employer/employee relationship or franchisor-franchisee relationship is intended or created by this Agreement.
Listing. Once a Seller Posts a Listing of an Item, it becomes an irrevocable offer to sell the Item to the Buyer that offers to pay the listing price of the item or once you accept an offer from a Buyer. Once there is a winning offer, you have a binding legal agreement to sell the listed Item to the winning offeree under this Agreement and according to the terms of your Listing for the Item. Once you list an Item and receive an offer in the amount of your listing, you cannot withdraw it from sale. Please carefully consider these obligations prior to you placing an Item for auction. In the case of any conflict between the terms of your Listing, the provisions of this Agreement shall prevail.
Listing Content. A Listing must offer a specific product or service at a specific price. Any Listing we consider to be general advertising instead of an offering of a specific product or service may be removed at our sole discretion. We reserve the right to edit (but have no obligation to do so) or remove a Listing for violations of Applicable Law, violations of these of this Agreement, or in our sole discretion. We may move a Listing to another category if we consider the Listing inappropriate for the listed category. You are fully responsible for your Listings and for ensuring that your Listings are accurate, do not include misleading information. Your picture and description of the Item must be accurate and truthful. Adding additional unrelated keywords to your Listing to make it appear through our search facilities is prohibited. Item titles may not be in ALL CAPS. We do not allow the Posting of multiple Listings for the same item and excessive duplicate Listings may be removed at our sole discretion without notice.
Prohibited Listings. You must have the legal right to sell any Items you list on our Platform. You may not list the following on our Platform: (a) live animals; (b) human body parts (e.g., relics, skulls, human remains or other parts); (c) items that promote hatred, violence or discrimination, include any items involving the Ku Klux Klan/KKK or US Confederacy (whether flags or other symbols or memorabilia); (d) CBD or other cannabis-related products; (e) bulk email lists; (f) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (g) instructions, kits, plans, or parts designed to illegally build silencers; (h) instructions on how to build bombs or explosives; (i) unauthorized replicas, (j) items containing faces, names or signatures of any person unless authorized by that person; (k) hazardous, restricted or toxic materials or substances; or (l) multi-level marketing or similar programs. You may not list any Item that would cause us or you to violate any Applicable Law. You may not list any Item that is stolen or counterfeit. Your Listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.
Viruses, Etc. You may not use the Platform to distribute viruses or other technologies that may harm the Platform or the interests or property of us or of any other User.
Binding Contract. Listing an Item constitutes entering into a binding legal contract with the applicable Buyer to sell the Item on the terms stated in this Agreement, if the Buyer’s offer is accepted as described in this Agreement. Listings include the option to accept offers and, when a Buyer makes an offer to pay an offer price for an Item, the offer is active and irrevocable during a period no longer than 48 hours, after which the offer expires. During the applicable period, the Seller may accept or reject the offer. As Seller of an Item, you agree to complete the sale of all listed Items on such terms.
Representations and Warranties. You as Seller of Items on the Platform represent and warrant to Geardorks.com during the term of this Agreement that:
Sales and Other Taxes. To the fullest extent permitted under Applicable Law, you agree that Geardorks.com bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Platform by any jurisdiction having taxing authority over the sale or transaction. Any information made available to Sellers on the Platform about sales tax applicability is provided on an “as is” basis, and we do not warrant its accuracy or completeness. You agree and acknowledge that in certain cases, selling on Geardorks.com may subject you to sales tax reporting or remittance obligations in jurisdictions where your volume of transactions would otherwise subject you to such taxation. You and we agree to cooperate reasonably in any tax-related matters or inquiries by taxing authorities. You agree that you are responsible for, and will indemnify us against, any Losses for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to sales of Items to Buyers in the jurisdiction (other than taxes on our fees payable to such jurisdiction). You agree to defend, indemnify and hold us harmless from and against any and all Losses that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Platform, except taxes imposed on our fees or income.
License to Listings. You hereby grant to Geardorks and our Affiliates the right and worldwide, perpetual, non-exclusive, royalty-free license to publish, display, distribute, reproduce, copy and make derivative works of the Listings and other Posting or Content you provide us, in any and all media, including under all copyright, publicity, and database rights in and to the Listing, Posting or other Content you post to the Platform.
Geardorks.com is not involved in the actual transaction between Buyers and Sellers, has no contact with any Items, and where payment is not facilitated on the Platform, does not receive information about the Buyer or Seller’s consummation of agreed sales of Items. All payments by Buyers for Items, are received by the applicable Sellers, not by Geardorks.com. We do not transfer legal ownership of Items from the Seller to the Buyer, and nothing in this Agreement is intended to modify the governing provisions of the Uniform Commercial Code § 2-401(2) and § 2-401(2) as implemented in any applicable state, under which legal ownership of an item is transferred upon physical delivery of the Item to the Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the Buyer will become the Item’s lawful owner upon physical receipt of the item from the Seller (in and the case of Firearms, upon legal Transfer by the applicable FFL).
Offers. If you place an offer on an Item it is an irrevocable offer to buy the Item at the price in the offer. If the Seller accepts your offer, you have a binding legal agreement with the Seller to buy the Item at the winning bid price on the terms in the Item Listing and according to this Agreement. You must resolve any questions you have about the Item by contacting the Seller of the Item before placing an offer. Do not place an offer until you are sure that you understand what you are bidding on and, if necessary, after you have received answers to any questions you have from the Seller.
Payment. Seller and Buyer will be responsible for arranging payment.
Non-U.S. Buyers. Non-U.S. Buyers will not be allowed to purchase on the Platform and the Platform is not open to Non-U.S. Resident Sellers or Buyers not located within the United States of America.
Binding Contract. Placing an offer constitutes entering into a binding legal contract with the Seller to purchase the Item on the terms stated in this Agreement, if your offer is the offer accepted by the Seller. Listings include the ability of the Seller to accept offers lower than the listing price and when you make an offer to pay an offer price for an Item, the offer is active and irrevocable during a period no longer than 48 hours, after which the offer expires. During the applicable period, the Seller may accept or reject the offer. You agree that if your offer is the accepted offer, you will complete the purchase of the Item on such terms, and that your purchase will be subject to all terms stated by the Seller in the applicable Listing.
Representations and Warranties. You as Buyer of Items on the Platform represent and warrant to Geardorks.com during the term of this Agreement that:
Minimum Terms of Sale. Unless the Listing terms for a particular Item are different, the basic terms of sale of a Listed Item are as follows:
In general, no transaction should take over 30 days from the close of a Listing until the Buyer receives the Item. Geardorks does not offer insurance of any kind . Buyer may elect to buy insurance, an extended service agreement, or another product to protect the purchase of an Item from a third party.
Minimum Terms of Sale. The following terms of sale may not be modified by the terms of any Listing for a particular Item; any attempt to do so will be invalid and these terms will control.
We strongly recommend that the Buyer use either a credit card or an online escrow service because of the extra protection these payment options offer.
All shipments and sales of Firearms on the Platform must be carried out through the process of legal Transfer of the Firearm to the applicable Buyer by an FFL selected by the Buyer. Upon the purchasing a Firearm, the Buyer must designate an FFL for shipment and Transfer of the Firearm. FFLs may charge separate fees for this service. Where the FFL determines that the Buyer is not eligible under Applicable Law for Transfer of the Firearm or other Item, the Seller shall immediately refund the Buyer and money paid for the Firearm, less any shipping or return shipping fees.
Listings display the scheduled closing time for the listing and Seller may accept or decline offers until the time of closing. Once a Seller accepts an offer, the listing shall be set to inactive.
Responsibility for compliance with Applicable Law for the sale, Transfer and shipment of Items and diligence on other Users prior to buying Items rests solely on the Users of the Platform. Given our limited role as outlined in this Section, except as expressly stated in Section 6 below, Geardorks does not and cannot assure you that, and disclaims any responsibility or liability for any of the following:
Fees. We may add, delete or change some or all of our Services and Fees at any time in our sole discretion, and any such change will take effect without further notice to you. It is your responsibility to check this Agreement before engaging in a transaction Unless otherwise stated, all Fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes as required under Applicable Law and for all hardware, software, service and other costs you incur when you offer, buy, list or otherwise access our Platform. Except as expressly stated this Agreement, ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Item sells.
Fee Avoidance. You are not permitted to avoid or circumvent paying our Fees in any manner.
If you have a monthly subscription and cancel the subscription during the month for which the fee has already been paid, you will receive access to the Platform for to the end of that calendar month. For purposes of clarity only, if you are billed for the monthly subscription for the month of January, and cancel at any time during the month of January, you will receive access and benefits of the monthly subscription until the 31st of January. You agree to pay the applicable Fees for using the Platform and Services, and you understand that except as otherwise stated in this Agreement, to the fullest extent permitted under Applicable Law, ALL FEES PAID TO US ARE NON-REFUNDABLE. We may continue to bill your payment method for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name “Geardorks.com, LLC” or “Geardorks.com.”
Geardorks provide monthly giveaways of Firearms and other Items. Each giveaway ends at the end of each applicable month. If you are a Tier 3 Member you must have paid your Membership Fee for that month. There is a Limit one (1) entry per household; multiple entries will disqualify entrants. Contest open to U.S. residents only. Employees and agents of Geardorks are not eligible. Contest void where prohibited by law. Giveaway winner(s) chosen by random drawing. Winners will be notified by certified mail on official letterhead. Winners must respond within thirty (30) days of receiving notification or an alternate winner will be selected. To protect the privacy and security of winners, names will not be made public. Winners must undergo a background check and comply with all other federal, state and local laws, including, if applicable, the shipment of the prize to an authorized FFL dealer and undergoing a background check prior to the release of the Prize. Prizes will not be awarded if they are illegal in the jurisdiction of winners or if the winner does not qualify due to a background check or other government law or regulation. No substitutions or transfers to third parties allowed. Associated taxes and fees are the responsibility of winners. Giveaway prizes may have evidence of being test fired or exhibit minor handling marks. Factory warranties may apply in some cases.
Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We will exercise this right with Buyers who win an auction and fail to complete the transaction, and with Sellers who list an Item and fail to sell it to the winning bidder(s). If you are found to have engaged in any abusive or fraudulent activity in connection with the Platform, we may terminate your account. You are liable for and must indemnify, defend and hold us harmless from all Losses and pay any costs incurred by us for your misuse of the Platform or for your violation of this Agreement, including but not limited to the amounts of third party claims against us, our actual attorneys’ fees and collection costs, and our fees incurred for any Items you win but fail to pay for or any Items on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations.
Security. You are prohibited from violating or attempting to violate the security of the Platform, or otherwise abusing the Platform in any manner.
Unauthorized Use of Mail System/Spam. Our messaging system exists solely to allow contact between a potential buyer or Buyer and a Seller for the purpose of engaging in or completing a transaction. You are prohibited from using the messaging system for any other purpose. You may not contact Buyers or Seller on similar listed Items and promote your own Items or offer another item for sale. You may not use this Platform to engage in “spamming” for any purpose, including promoting the Platform to earn affiliate program awards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various Federal or state “anti-spam” laws. Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account.
Use of Message Boards. Users that want to participate in the message boards offered on the Platform must adhere to the following rules. In using the message boards, you may not:
User-Generated Content. We are not responsible for user-generated content such as Postings, Item Listings, messages on our message forums, feedback, pictures, etc. You are solely responsible for any Content or information that you Post to the Platform; we are only a passive conduit for your online distribution and publication of your information. If you post information that is libelous, slanderous, violates any Applicable Law, or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.
Submissions. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by the Platform or otherwise disclosed, submitted or offered in connection with your use of the Platform (“ Comments”) shall be and remain Geardorks.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other Intellectual Property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.
Advertisers and Third Party Web Platforms. You may click on advertisements, or otherwise correspond with or participate in promotions of the advertisers that advertise on our Platform. To the fullest extent allowed under Applicable Law, any such action, participation or correspondence is solely between you and the advertiser and we have no responsibility or obligation to you or the advertiser for your transactions or correspondence.
The Platform may contain links or other Content leading to third party web platforms, including those of third party advertisers. Geardorks is not responsible for and has no liability for the privacy or other practices of any such third parties. We recommend that you review the user terms and privacy policies of each Web Platform or advertisement that you click on or visit.
Feedback. Feedback may only be posted between the Buyer and Seller in a transaction. Feedback is associated with a specific Item Listing and must pertain specifically to that Listing. If you submit feedback, make sure that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transactions. Do not take any actions that would undermine the integrity of the feedback system, including Posting false good feedback to artificially improve another User’s rating or Posting false bad feedback to damage another User’s rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior your account may be suspended or permanently terminated.
This Platform is not responsible for the information posted by a User in the feedback system. It is not our responsibility to determine the “truthfulness” of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any User-posted feedback at any time for any reason.
Scheduled Maintenance/System Downtime. We reserve the right for system maintenance. This may or may not cause system downtime. Listing ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made at our discretion.
Technical Difficulties. We are not responsible for offers not being processed, received, or not being accepted due to technical difficulties. Listings will not necessarily be extended due to technical problems.
Termination. We agree to provide you access to the Platform and the services available on the Platform only as authorized in this Agreement. We reserve the right to reject your user registration by notifying you of our decision. Even after acceptance, we may terminate or suspend your account and ability to use the Platform, in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other Users legal liability, harm, or loss, we reserve the right to notify other Users of your actions. Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Platform and related Services in any way, your only recourse is to immediately: (i) discontinue use of the Platform and Services; (ii) terminate your account; and (iii) notify us of termination. You may terminate this Agreement and your account with us only if you do not have active transactions on the Platform and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with the “Notices” section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your User Information or transaction history, unless required by Applicable Law.
The following capitalized terms when used in this Agreement have the meanings set forth below:
“Ammunition” has the meaning given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
“Applicable Law” means all laws, statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory agency applicable to us or you in your use of the Platform or the Services, including without limitation those relating to: (i) the sale, Transfer, shipment and/or transport of any Item (including Firearms, Ammunition, black powder or any other Item); (ii) export or import control (including US Sanctions Laws) regarding Items and payments by you; (iii) the collection, use or storage of personally identifiable information; (iv) consumer protection laws; (v) ownership of any Item or Intellectual Property; (vi) taxation of any person or entity; and/or (vii) duties or tariffs, presence or licensing of brokers.
“Buyer” means a User who makes an offer or completes a purchase related to a Listing on the Platform.
“Company” means the company or other business or governmental entity specified by you upon registration as a User of the Platform.
“Content” means materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (in whatever form or medium).
“FFL” means a federal firearms license holder.
“Firearm(s)” has the meanings given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
“Intellectual Property” means any and all rights of a party in and to such party’s patents, copyrights, trademarks, trade secrets, trade dress, mask works, publicity rights and other such rights, existing, from time to time, in any applicable jurisdiction under patent law, copyright law, moral rights law, trade secret law, semiconductor chip protection law, trademark law, service mark law, unfair competition law, or other similar Applicable Law.
“Item” means Firearms, Ammunition, and other items appearing in a Listing on the Platform.
“Listing” means a Seller’s description of an Item for sale on the Platform, including all Content found therein.
“Losses” means liability, losses, damages, judgments, costs and/or expenses (including reasonable attorneys’ fees as well as court fees) incurred by a party. “Post/Posting” means text, graphics, pictures and other Content that you post on the Platform, including for Sellers, any of Seller’s Listings.
“Seller” means a User that Posts a Listing in order to sell Items on the Platform.
“Services” means the services made available through the Platform to Buyers, Sellers and Users.
“Platform” means www.Geardorks.com.
“Support System” means the customer support system that may be accessed on the Platform, located at https://support.Geardorks.com/.
“Transfer” means the legal transfer of a Firearm to a Buyer performed by an FFL, after the process of compliance with federal and state laws for the sale of a Firearm, including background check.
“User” means a person or company that has completed the registration process for use of a service provided through the Platform.
“User Information” means all information you provide to us about you or your Company (including name, address, email address, mobile phone number and other information associated with your account.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE PLATFORM AND THE SERVICES ON THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE PLATFORM OR ANY TRANSACTION ENTERED INTO THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE PLATFORM.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE GEARDORKS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE PLATFORM OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE PLATFORM, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE PLATFORM, DELAYS OR DISRUPTIONS IN OUR PLATFORM, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR PLATFORM, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, OR VIRUSES OR MALWARE OBTAINED BY USING OUR PLATFORM OR LINKS ON OUR PLATFORM (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GEARDORKS TO YOU FOR ALL LOSSES (AS DEFINED IN THE DEFINITIONS SECTION), AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT, OR IN ANY OTHER CASE WHERE LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to indemnify, defend and hold the Geardorks harmless from and against any and all claims and all Losses incurred by a Geardorks in connection with any of the following, whether by you or by a third party using your User ID: (i) any breach or violation of this Agreement, (ii) any use of the Platform or Services, (iii) a dispute with another User or visitor to the Platform, (iv) any violation of any Applicable Law governing your activities on or off of the Platform, or (v) the infringement of any Intellectual Property or other right of any person or entity, whether by you, your Items or your Content that was Posted by you to the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Release. You hereby release all Geardorks from any and all claims and Losses of every kind, known and unknown, arising from disputes between you and other Users or visitors to the Platform. Because we are not and cannot be involved in dealings between Users of the Platform, in the event that you have a dispute with another User (whether a Buyer or Seller) or any visitor to the Platform, you waive any claim against Geardorks.com and irrevocably release us, our directors, officers, employees and agents from and against any and all claims and Losses (actual, special, incidental and consequential damages, as well as reasonable attorneys’ fees and costs of court) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Governing Law. Except as may not be permitted under Applicable Law, this Agreement, all matters arising from or relating to your use of the Platform, and any and all claims arising out of your relationship with Geardorks shall be governed by and in accordance with the laws of the State of Florida excluding its conflicts of laws provisions. Mandatory Arbitration. ALL PARTIES AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RESOLVE ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR THE ANY USE OF THE Platform VIA BINDING ARBITRATION CONDUCTED UNDER COMMERCIAL RULES FOR ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION. THE TAMPA AREA SHALL BE THE PLATFORM FOR ANY SUCH ARBITRATION PROCESS. THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF FOR ANY REASON THESE ARBITRATION REQUIREMENTS ARE HELD INAPPLICABLE OR VOID OR HELD NOT TO APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, GEARDORKS.COM AND YOU AS USER EACH WAIVE TRIAL BY JURY. YOU AS USER DEMONSTRATE YOUR AGREEMENT TO BE BOUND BY THIS ARBITRATION AGREEMENT BY GIVING YOUR AUTHORIZATION BELOW. YOUR AUTHORIZATION MEANS THAT BY AGREEING TO THIS AGREEMENT, YOU UNDERSTAND THAT YOU ARE ALSO AGREEING TO THIS ARBITRATION AGREEMENT, WHICH ENTAILS GIVING UP THE RIGHT TO A TRIAL BY A STATE TRIBUNAL AND TRIAL BY JURY.
Dispute Resolution; Attorneys’ Fees. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE Platform OR SERVICES SHALL BE RESOLVED THROUGH MANDATORY ARBITRATION, AS PROVIDED ABOVE. HOWEVER, IF MANDATORY ARBITRATION IS UNAVAILABLE FOR ANY REASON, SUIT TO RESOLVE DISPUTES MUST BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF HILLSBOROUGH, STATE OF FLORIDA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE Platform. Notwithstanding the foregoing, Geardorks reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this Agreement or your use of the Platform or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, Geardorks shall be entitled to recover from you its reasonable attorneys’ fees in responding to such action.
Exclusion of Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND GEARDORKS AGREE THAT (A) ANY DISPUTE SHALL BE RESOLVED BY MANDATORY ARBITRATION; (B) THAT SHOULD MANDATORY ARBITRATION NOT BE AVAILABLE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (C) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (D) UNLESS BOTH YOU AND GEARDORKS AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (E) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
Electronic Signature. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
Notices. Notices, under the Dispute Resolution Section above, shall be given exclusively by written mail to us at Geardorks LLC at ________________ and, in the case of you, to the address provided by you to us in your User Information. Otherwise, notices to us may be given by means of our electronic support system located at https://support.Geardorks.com/ or by mail to ______________________, or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given forty-eight hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, five (5) days after the date of mailing.
Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.
Disclaimer. The original, legally binding version of this document is written in English.If it is translated into other languages by non- native English-speakers or by software, there may be discrepancies between the English version and the translated version.If so, the English version supersedes the translated version.
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We will try our best to respond to every communication but cannot guarantee that we will be able to do so.