TERMS & CONDITIONS

​All customers and users (“you”) interacting with www.ShopGearInc.com (“Shop Gear.com,” “Site”) are subject to the Online Services Terms of Use as outlined below. We reserve the right to change our Online Services Terms of Use and Site at any time, without notice and at our discretion. By using our site, you are agreeing to these Online Services Terms of Use.

Any use of the Site in addition to purchase or use of Shop Gear’s products through the Site must be for lawful purposes – any other purpose is not permitted. Shop Gear reserves the right but is not obligated to deny you use of our Site or purchase of our products to ensure safety and legality. To purchase from this site, you must be 18 years or older.

Please make sure you have read our Privacy Policy and Online Services Terms of Use before using our Site.

Court of Jurisdiction

Shop Gear, Inc. (referred to herein as “Shop Gear”) owns and operates www.ShopGearInc.com. All orders and purchases that may be made through the facilities of the Site shall be subject to these Online Services Terms of Use.

As Shop Gear is based in the United States, these Online Terms of Use, the Use of the Site, and any order or purchase made through the facilities of the Site shall be governed by the laws of the United States, without regard to principles of conflicts of law and as if this Online Services Terms of Use were a contract wholly entered into and wholly performed within the United States.

Use of this Site shows your consent to personal jurisdiction in the United States in connection with any dispute between you and Shop Gear that involves these Online Services Terms of Use or pertains to these Online Services Terms of Use. These disputes will be in accordance with the provisions of the Terms of Use, as agreed upon by you and Shop Gear as parties of this Online Services Terms of Use.

Site Information

Shop Gear may change the Site at any time without notice and the information contained therein, including but not limited to product details, availability, and prices. Prices will be displayed to you in your local currency if possible through geographic targeting of Internet Protocol addresses. Charges will likely be processed in American dollars, but Shop Gear reserves the right to process in another currency if deemed beneficial by us.

All product details and prices on this website are subject to confirmation. If you make a purchase on the Site, Shop Gear will confirm the order with you before purchase to ensure your certainty.

Shop Gear reserves the right to limit the quantities or kinds of products which you or any group can purchase.

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Shop Gear reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Shop Gear a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Shop Gear and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shop Gear for all claims resulting from content you supply. Shop Gear has the right but not the obligation to monitor and edit or remove any activity or content. Shop Gear takes no responsibility and assumes no liability for any content posted by you or any third party.

Your Account

By using this site, you agree to maintain the responsibility of the confidentiality of your account and password information, including but not limited to restricting access to your hardware devices. You agree to accept responsibility for all activities that occur under your account and password. Please inform us immediately if you have any reason to believe that your username and/or password has been compromised or you suspect that it is being used in an unauthorized manner. Shop Gear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Risk of Loss

All products purchased from the Site are transported and delivered to you by independent carriers not affiliated with, or controlled by, Shop Gear. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Shop Gear delivers these items to the carriers. Shop Gear will not be responsible for delays in delivery which are beyond its control.

DISCLAIMER OF WARRANTY

THIS SITE IS PROVIDED BY SHOP GEAR ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOP GEAR MAKES NEITHER REPRESENTATION NOR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES, OR SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THAT THE INFORMATION AS PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR; FREE FROM OMISSION; FREE FROM INTERRUPTION; FREE FROM DEFECT; FREE FROM DELAY IN OPERATION; FREE FROM TECHNICAL INACCURACIES; FREE FROM TYPOGRAPHICAL ERRORS; AND AVAILABLE AT ANY TIME OR LOCATION. WE RESERVE THE RIGHT BUT ARE NOT OBLIGATED TO CORRECT THE AFOREMENTIONED ISSUES, DEFECTS, OR ERRORS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SHOP GEAR DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SHOP GEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOP GEAR DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGMENENT, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL SHOP GEAR OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PORTIONS OF THE SITE BE LIABLE FROM FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE; ERRORS, MISTAKES, OR INACCURACIES ON THE SITE; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; UNAUTHORIZED ACCESS TO PERSONAL INFORMATION ON OUR SITE OR SERVERS; A BUG, VIRUS, TROJAN HORSE, OR MALWARE; OR THE ACTIONS OF A THIRD PARTY THAT INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO SHOP GEAR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF SHOP GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless Shop Gear and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Shop Gear arising out of or relating to your use of the Site, your violation of this Online Services Terms of Use, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification from you. In such event, you shall provide us with cooperation reasonably requested by us.

Copyright Complaints

Shop Gear respects intellectual property laws. If you have reason to believe that your work or somebody else’s work has been used in a way that constitutes copyright infringement, please contact info@shopgearinc.com with the following information

• A description, picture, or sample of the work you believe has been infringed upon

• A description of where you claim the infringement occurs on our site

• A signed statement that you have a good-faith belief that the infringed work is not authorized by its owner, its agent, or the law

• An electronic or physical signature of the persona authorized to act on behalf of the owner

• A signed statement by you, made under penalty of perjury, that the above information is correct and that you are either the copyright owner or authorized to act on the copyright owner’s behalf

Miscellaneous

You irrevocably waive all rights to bring or participate in any class action law suits or claims regarding matters related hereto. If any portion of this Online Services Terms of Use are deemed unenforceable, unlawful, or void, those portions will be deemed severable. Unenforceable, unlawful, or voided portions will not affect the validity nor enforceability of the remaining provisions in the Online Services Terms of Use. In addition, Shop Gear’s failure to enforce any provision of these Online Services Terms of Use shall not be deemed as a waiver of such term or otherwise affect Shop Gear’s ability to enforce such term at any point in the future. No changes to these Online Services Terms of Use shall be made except by a revised posting on this page. These Online Services Terms of Use constitutes your agreement with Shop Gear as parties relating to the use of the Site.

You are permitted to copy electronically and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Shop Gear. No copying of this website, in whole or in part, is permitted without the express written authorization of Shop Gear.

This Agreement is the entire and final Agreement regarding the Site and its content, and supersedes any prior or contemporaneous communications between Shop Gear and you regarding the Site and its contents

All rights not expressly granted herein are hereby reserved.