Gearrific Terms and Conditions of Use
Last Updated: May 13, 2018
- When we say “you” or “your” we mean users of the Gearrific Sites (like you!).
IMPORTANT: BY USING THE GEARRIFIC SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH GEARRIFIC THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTIONS 13 AND 14.
1. Placing an Order on Gearrific
Account Registration & Guest Checkout
To make a purchase on Gearrific, you must either register for an account by clicking here or you may choose to checkout as a guest. You must be at least 18 years old to place an order on Gearrific. Only one account is permitted per household.
Certain Gearrific Site functionality and offers may not be available to you if you choose to checkout as a guest.
Please notify us immediately of any suspected unauthorized activity on your account or regarding your guest checkout access by sending an email to [email protected].
Gearrific only ships within the contiguous United States (48 states and District of Columbia). If you’re in Alaska or Hawaii, which are both amazing places, we’re sorry and we want to be shipping there as soon as we can. For more information about shipping and delivery, please see our Shipping & Delivery policy.
Orders and Pricing
A product’s strikethrough price is what we believe to be a representative online price for such product, and when possible is based on the suggested retail price provided by the supplier or manufacturer, which we check against prices from other online retailers on a regular basis. While we always try to show you a representative price, we can’t guarantee that you won’t see lower prices at other websites. But Gearrific is striving to be an online price leader when you shop for a larger, more efficient cart of goods… so read on.
As you shop on the Gearrific Sites, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.
Pricing errors, out-of-stock and other errors occasionally occur on the Gearrific Sites. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.
In addition, if any item you request becomes unavailable on the Gearrific Sites, we may cancel your order or – alternatively – instead of canceling your order, we may, at our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties. If we do this, of course we’ll only charge you the price quoted in your Gearrific purchase order.
Items sold on the Gearrific Sites may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the seller(s).
Unless specifically indicated on the checkout page, Gearrific is the seller of items purchased on the Gearrific Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
If Gearrific is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Title and Risk of Loss
Title to the items purchased by you on the Gearrific Sites (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by Gearrific.
Returns and Refunds
Returns and refunds are available only as described in our Returns/Refund policy. While Gearrific will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Returns/Refund policy and any guarantees on future orders.
Credits and Coupons
Your account may contain Credits and/or Coupons – both of these can be used for payment of an eligible purchase made on the Gearrific Sites. Unless expressly stated otherwise, unused coupons expire after twelve months of account inactivity. You can learn more about Credits and Coupons here.
We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from Gearrific with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, per guest user, credit card, shipping address, person, household or order for any reason.
2. Accuracy, Completeness and Timeliness of Information on the Gearrific Sites
The Gearrific Sites contain lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we don’t guarantee any aspect of any product information on the Gearrific Sites, including, without limitation, product images, descriptions, specifications and reviews. The information on the Gearrific Sites is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, miscategorized, or not helpful. (Although hopefully it isn’t!) Product information contained on the Gearrific Sites may differ from information contained on the actual product materials. Before you act on information you find on the Gearrific Sites, you must independently confirm any facts about the item(s) that are important to your decision.
If you purchase a product that is not as described, your sole remedy against Gearrific is to return it and/or request a refund in accordance with our Returns/Refund policy.
If you find an error or notice something that doesn’t look right on the Gearrific Sites, we would appreciate it if you let us know by contacting us at [email protected]. Your feedback is a big part of what makes Gearrific better.
Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the Gearrific Sites, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The Gearrific Sites do not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information. The Food and Drug Administration has not evaluated the information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.
You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice, which may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication. (Monitoring and recording calls and emails helps us get better at helping you!)
4. Use of Materials on the Gearrific Sites
All content on the Gearrific Sites (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Gearrific, other content providers (such as Gearrific’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Gearrific Sites does not grant you any license or right to use any trademark, logo, or service mark displayed on the Gearrific Sites. Gearrific, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Gearrific Sites, including all associated intellectual property rights. Gearrific neither warrants nor represents that your use of materials on the Gearrific Sites will not infringe rights of third parties.
You may access the Gearrific Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
Any other use of the material on the Gearrific Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Gearrific Sites, or use of the Gearrific Sites for purposes competitive with Gearrific, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Gearrific Sites as they may be updated from time to time.
5. Materials You Submit
You acknowledge that you are responsible for all materials you submit to Gearrific via the Gearrific Sites or other electronic communications (including through any part of the Gearrific Sites administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the Gearrific Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
You agree not to submit content that:
- infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
- is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
- is fraudulent, false, misleading, or deceptive;
- is defamatory, obscene, pornographic, vulgar, or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- has a commercial purpose;
- is intended to cause harm, damage, disable, or otherwise interfere with the Gearrific Sites or our partners; or
- can be considered a third party’s private or confidential information.
6. Restrictions on Access and Use
When accessing and using the Gearrific Sites, you agree:
You will not do any of these (generally bad) things:
- Engage in conduct that is fraudulent or otherwise harmful to Gearrific, our partners, or any other user;
- Display to others, mirror, or frame the Gearrific Sites, or any component of the Gearrific Sites;
- Access the Gearrific Sites if we have prohibited you from such access;
- Circumvent any rules or terms set forth on the Gearrific Sites including those relating to any promotion, contest or program on the Gearrific Sites;
You will not do any of these (sneaky and annoying) things:
- Access, tamper with, or use non-public areas of the Gearrific Sites, Gearrific’s computer systems, or the technical delivery systems of Gearrific or Gearrific’s providers;
- Probe, scan, or test the vulnerability of any Gearrific Sites or breach any security or authentication measures;
- Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Gearrific Sites;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Gearrific Sites;
- Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Gearrific Sites;
- Collect any personally identifiable information from users of the Gearrific Sites or use any such information found on the Gearrific Sites;
- Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
- Use the Gearrific Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
You will not use Gearrific Sites or Gearrific’s name, logo, brand or identity to do any of these things:
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Gearrific trademark, logo, URL, or product name without Gearrific’s express written consent;
If you are accessing the Gearrific Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the Gearrific Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.
7. Notice of Copyright Infringement
Gearrific has reserved the right, in its sole discretion, to terminate the access of users of the Gearrific Sites who infringe on copyrights of Gearrific or others. Gearrific has designated an agent to receive notices of claimed copyright infringement relating to the Gearrific Sites under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Gearrific containing the following information:
- A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
You must submit your written notice containing the above information by fax, email, or postal to the following Designated Agent:
gearrific.com Copyright Agent 1240 Chattahoochee Ave Suite E Atlanta, GA 30318 Email: [email protected]
8. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the Gearrific Sites is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the Gearrific Sites.
9. DISCLAIMER OF WARRANTIES
We apologize for the all-caps shouting we’re about to do, but these parts are important.
(*takes deep breath*)
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.
THE Gearrific SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Gearrific SITES ARE PROVIDED SOLELY ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND THEREFORE YOUR USE OF THE Gearrific SITES IS AT YOUR RISK.
WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
- ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
- THAT ACCESS TO THE Gearrific SITES WILL BE UNINTERRUPTED OR ERROR-FREE;
- THAT THE Gearrific SITES WILL BE SECURE;
- THAT THE Gearrific SITES OR THE SERVERS THAT MAKE THE Gearrific SITES AVAILABLE WILL BE VIRUS-FREE; AND
- THAT COMMUNICATIONS SENT FROM THE Gearrific SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE Gearrific SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Gearrific SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gearrific IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE Gearrific SITES.
10. LIMITATION OF LIABILITY
(*takes another deep breath *)
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Gearrific, Gearrific’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:
- THE Gearrific SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE Gearrific SITES;
- ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
- ANY DELAY ON OR INABILITY TO USE THE Gearrific SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE Gearrific SITES;
- Gearrific’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE Gearrific SITES, OR;
- OTHERWISE ARISING OUT OF YOUR USE OF THE Gearrific SITES;
IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Gearrific, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER Gearrific NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE Gearrific SITES.
12. Georgia Law Applies
The laws of the State of Georgia apply to everything relating to Gearrific’s and the Gearrific Sites’ relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the Gearrific Sites, including the sale of products, content, services, or technology, on or used through the Gearrific Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the Georgia General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
In the event of a Dispute, Gearrific or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Gearrific by email to [email protected] and by U.S. Mail to gearrific.com, Inc., Legal Notice, to: 1240 Chattahoochee Ave Suite E. Atlanta, GA 30318 To the extent that Gearrific has your contact information, it will send any such notice to you by U.S. Mail and your email address.
We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by email and U.S. Mail. Gearrific and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 30 days, Gearrific or you may resort to the other alternatives described in this section.
Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Gearrific Sites shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.
Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Atlanta,GA, and Gearrific you agree to submit to the personal jurisdiction of any state or federal court in Atlanta, GA to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If Gearrific’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.
You or Gearrific may choose to pursue a claim in small claims court where jurisdiction and venue over you and Gearrific otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Gearrific 30-day advance notice by email to [email protected] and by U.S. Mail to Gearrific, Inc., Legal Notice, to: 1240 Chattahoochee Ave Suite E. Atlanta, GA 30318.
14. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Atlanta, Georgia.
If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Gearrific, or any employee, officer, director, or investor of Gearrific, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
- 12:00 p.m. Eastern time on the 10th day after posting to www.gearrific.com (if there is no material update to the Disputes/Arbitration section) or on the 30th day after posting (if there is a material update to the Disputes/Arbitration section); or
- your acceptance of them via a click-through process or some other method that we specify.
16. Termination by Gearrific
17. Additional Terms For Our iOS App
When you use our iOS App, Apple requires you to agree to the following additional terms:
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
18. Entire Agreement and Admissibility; Applicability to Sellers
Headings are for reference purposes only and do not limit the scope or extent of any section.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.
20. How to Contact Us
If you have any questions or comments, please contact the Gearrific support by:
(1) emailing us at [email protected];
(2) contacting us by phone at (404) 475-2502; or
(3) mailing us at Gearrific Help at the following address: 1240 Chattahoochee Ave Suite E. Atlanta, GA 30318.