Gearzio Terms of Service
December 2020
Introduction and Acceptance of the Terms of Service
Please read these terms carefully as they contain important information regarding your legal rights, remedies, and obligations. Gearzio.com is based on trust and respect.
Gearzio.com (hereinafter, “Gearzio”, “we”, or “us”), is an online platform that facilitates the listing and rental or purchase of gear, equipment, tools, physical locations, and other equipment (collectively, hereinafter, “Listing” or “Listings”).
The following terms and conditions, together with any documents they expressly incorporate by reference govern each user’s (hereinafter, “you,” “your,” “Member,” or “User”) access to and use of the Gearzio website, including any subdomains thereof, and any other websites through which Gearzio makes the Gearzio website available (collectively, “Site”), any mobile applications and application interfaces (collectively, “Application”), and all associated services offered on or through Gearzio.com or by Gearzio (hereinafter collectively, the “Gearzio Services”), whether as a guest or registered User. The Site, Application and Gearzio Services together are hereinafter collectively referred to as the “Platform”. Gearzio’s Privacy Policy, and other terms applicable to your use of the Platform are incorporated by reference into these Terms of Service.
All the provisions in the Terms of Service, together with Gearzio’s Privacy Policy and any applicable insurance coverage terms or damage waiver terms, constitute the “Agreement” between you and Gearzio. If you do not want to agree to these Terms of Service, and the Privacy Policy, you must not sign up as a User of the Platform or access or use the Platform. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of the Agreement.
By accessing or using the Platform, including by communicating with us or another Gearzio User, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (hereinafter, “Terms of Service” or “Terms”), whether or not you become a registered User of the Platform. When you sign up as a Member of the Platform, you must agree to Gearzio’s Terms of Service and Privacy Policy. The Terms constitute a binding legal agreement between you and Gearzio.
By using the Platform, signing up as a User, creating a Listing, and/or renting or purchasing a Listing, you agree to the:
Terms of Service: http://www.Gearzio.com/terms-of-service
Privacy Policy:http://www.Gearzio.com/privacy-policy
Modifications to the Terms
We reserve the right to modify the Platform or revise and update the Terms (along with our Privacy Policy) from time to time and at our sole discretion. If we modify the Terms, we will update the date at the top of the Terms. By continuing to access or use our Platform after we have posted a modification and/or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. If the modified Terms are not acceptable to you, your only recourse is to stop using and accessing the Platform and close your Gearzio Account within 30 days, in which case the previous effective version of our terms will apply to you, unless you have used the Platform during the intervening 30-day period, in which case the new Terms will apply to you. You hereby waive any and all claims and rights with respect to notice of changes to the Terms (along with our Privacy Policy) or other associated policies. In addition, some services offered through the Platform may be subject to additional terms and conditions distributed by Gearzio from time to time and your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
Any changes to the dispute resolution provisions set forth in Dispute (Agreement to Arbitrate) and Governing Law and Jurisdiction sections will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
General Terms and Conditions
Gearzio has has created the Platform with certain technology that enables Listing sellers or vendors (hereinafter, “Sellers”), who are sellers of Listings, and buyers (hereinafter, “Buyers”), who are purchasers of Listings, to communicate and arrange for purchases of Listings with each other. Gearzio may have also created the Platform with certain technology that enables Listing owners or vendors (hereinafter, “Owners”), who are lessors of Listings, and renters (hereinafter, “Renters”), who are lessees of Listings, to communicate and arrange for the rental of Listings with each other. One Listing can be offered for rent by a Profile as an Owner to a Renter, or for purchase by the same Profile as a Seller to a Buyer.
Gearzio is not an owner, seller, vendor or operator of any Listings, Gearzio does not own, sell, resell, provide, rent, sub-rent, manage and/or control Listings or Platform offered in Listings.
Eligibility to Use Gearzio Platform:
The Platform is offered and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with Gearzio and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited.
Gearzio Account Registration:
In order to access certain features of the Platform, including listing, requesting, renting, or purchasing a Listing, you must register or sign-up to create a Gearzio account (herein, “Gearzio Account”), either by providing us your email address and creating a password or through a third-party networking account, including Facebook and Google accounts. After signing up as a User, you will have a User profile with a publically-viewable web address or URL (herein, “User Profile” or “Profile”). If you register a Gearzio Account and use a business display name, business-owned domain email address, business profile photo, business Profile logo, and/or business social links on your Gearzio Account, you agree and personally guarantee that you have the authority to bind the entity to this Agreement, and you agree that you, individually, and the business entity (including any and all of the business’ owners, officers, directors, agents, and joint venturers) are legally bound by the provisions of the Terms. You may not assign or otherwise transfer your Gearzio Account and/or User ID to another party. You may not register more than one (1) Gearzio Account unless Gearzio authorizes you to do so.
Verification Procedure and Profile Badges:
Before you message another User, or list, rent, or purchase a Listing, you will provide us with certain information and documentation, including but not limited to identification information and documentation, about yourself and/or your business to enable us to attempt to verify your identity in order to become an “Verified Member.” You promise to provide complete and accurate information and documentation to us about yourself and/or your business, and fix any and all errors, once discovered, in information and documentation that you have provided us. Gearzio has the right, but not the obligation, to undertake screenings, checks, and processes to help verify or check the identities and/or backgrounds of Users and associated businesses, but Gearzio does not endorse any User (including User’s that create a business Profile), or the User’s background, or commit to undertake any specific verification or screening process, including but not limited to criminal background checks. We may, in our sole discretion, use third-party services to verify the information and documentation you provide to us and to obtain additional related information and documentation and corrections where applicable and you hereby authorize Gearzio to request, receive, use, and store such information and documentation. We may accept or reject your application to establish a Gearzio Account and/or become a Verified Member in our sole discretion.
We may at times offer features enabling Users to apply for or to receive certain digital badges (each, a “Badge”) to be associated with your Gearzio Account. We may make available certain features, through which we may associate a Badge (including but not limited to a green check mark, a gold “elite” rectangle, a green “pro” rectangle, a blue “rental house” rectangle, a “vendor delivery” truck icon, a “prep space available” building icon, a “on-site technician” wrench icon, or a “backup guaranteed” camera icon) and/or badge descriptions for Users that have provided information and documentation to us, including but not limited to a User’s 1) email address, 2) phone number, and 3) government ID. The display of a Badge and/or Badge description indicates only that a User has provided us with information to qualify for a Badge in our sole discretion. Any and all Badges and/or Badge descriptions do not designate, and Gearzio does not represent or warrant that, 1) we have verified that a User or Profile with a Badge and/or Badge description is the individual or business that they claim to be, 2) that a User or Profile is in fact the person or business identified in any identification document that user has provided to us, 3) that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a User’s (individual or business) integrity or character, or 4) we have verified that a User with a Badge and/or Badge description will be able offer any vendor services, including but not limited to delivery, an on-site technician, a prep space, or a backup Listing.
If you choose to provide us with certain information and documentation about yourself and/or your business to become a Verified Member and/or receive a Badge, you represent and warrant to us that 1) any document, including a government-issued identification document, that you provide to us is an accurate and unaltered image of the original document that is without error, and 2) that you have all necessary permissions to provide such documents to us and your submission of such documents to us will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. We may disclose your submitted document(s) or certain information and documentation, including personal information and documentation, you provide to our third-party service providers, investigators, and/or law enforcement agencies that may help us to detect inaccurate or fraudulent documents and related information. If you do not consent to our disclosure of submitted information and documentation you provide, you must not provide them to us.
Gearzio Account verification features, involving a Badge and/or Badge description may be discontinued at any time without notice, and we reserve the right to grant and revoke a Badge and/or Badge description, or Verified Member status, for any User, at any time, and without any liability to Gearzio.
User Information and Documentation Updates: You promise to update the information and documentation you have provided to us in the event of any changes to your identity information and documentation, contact information, or background. You promise to, and are solely responsible for, keeping your contact information up-to-date, as Gearzio may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address, unless you provide updated contact information and documentation to us.
You promise to, and are solely responsible for, immediately reporting to Gearzio any and all of your felony criminal convictions and you agree that you have an ongoing duty to report any and all of your new felony criminal convictions. Gearzio does not represent or warrant that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a User’s (individual or business) integrity or character.
Gearzio’s Role:
Gearzio’s responsibilities are limited to: (i) facilitating the availability of the Platform; and (ii) serving as the limited payment collection agent of each Owner or Seller for the purpose of accepting payments from the Renter, Buyer, or third-party cardholder and/or bank account holder on behalf of the Owner or Seller, while assessing any applicable rental fees, purchase prices, transaction fees, rental cancellation fees, late rental drop-off fees, Service Fees (Owner or Seller service fees), Community Fees (Renter or Buyer service fees), Owner or Seller Profits (Owner or Seller profits after Service Fees are collected by Gearzio), Listing fees, insurance fees, damage waiver (‘Damage Only’ and ‘Damage + Theft’ as defined herein) fees and costs, deductibles, security deposits, any amounts owed by the Renter, Buyer, or third-party cardholder and/or bank account holder to the Owner or Seller, or Gearzio, and/or any amounts that the Renter, Buyer, or a third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder, via their bank, dispute a charge to any of the third-party payment processors and/or service providers that we may use on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees (hereinafter, collectively known as “Transaction Costs”).
As an Owner, you agree to grant Gearzio the right to allow the Renter use any Listings rented by them, as agreed to between you and the Renter. As a Seller, you agree to grant Gearzio the right to allow the Buyer purchase and obtain any Listings purchased by them, as agreed to between you and the Buyer. As an Owner or Seller, you agree to fully authorize Gearzio to enter into agreements that include the aforementioned rights. You understand and agree that Gearzio does not act as an insurer, broker, or as your contracting agent. Any agreement you enter into with any other User is between you and the User and Gearzio is not a party to it.
Accessing the Platform:
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users.
Your Responsibilities and Account Security:
You are responsible for making all arrangements necessary for you to have access to the Platform ensuring that all persons who access the Platform through your internet connection are aware of the Terms and comply with them. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information and documentation. It is a condition of your use of the Platform that all the information and documentation you provide on the Platform is correct, current and complete. You agree that all information and documentation you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Gearzio Account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security. You also agree to ensure that you exit from your Gearzio Account at the end of each session. You should use particular caution when accessing your Gearzio Account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Gearzio Account after you have reported unauthorized access to us. No third-party is authorized by Gearzio to ask for your username and password, and you shall not request the credentials of another Member.
We offer a feature that allows a Member to add and authorize a third-party (hereinafter, “Authorized Person”) to act on behalf of the Member, including but not limited to, communicating, picking up Listings, and/or dropping off Listings with other Members, after a Member adds the Authorized Person’s name, e-mail address, phone number, and/or government-issued ID. When you add an Authorized Person to a Listing rental, you understand and agree that you are still legally bound by, the provisions of the Terms, and you are are jointly and severally liable for any actions or inactions of the Authorized Person in relation with the Listing rental and transaction that you added the Authorized Person to, given that you are the responsible party for the Listing rental and transaction. You agree that if, you or anyone makes a claim against the Authorized Person that is added to the Listing rental, you will indemnify and hold the Gearzio harmless from any liability, demand, loss, damage, or costs which you or another party may incur as the result of such claim. Gearzio is not responsible, or liable to any third-party.
Gearzio is a marketplace where Members who comply with the Terms to offer, rent, sell and buy Listings from other Members. While we have verification procedures for our Members and processes in place to review Listings, we cannot guarantee the trust, accuracy, or legality of Listings, and the ability for Owners to rent out Listings, Renters to rent and pay for Listings, Sellers to sell Listings, or Buyers to purchase and pay for Listings. Gearzio also cannot ensure that a member will complete a rental or purchase transaction or guarantee the true identity, nationality, and age of a Member. We recommend that you communicate directly with other Members using the Platform to conduct your own assessment of another Member, and we strongly recommend that you do not transact with another Member when you’re not comfortable with a potential transaction.
You agree that you will always use your Gearzio Account and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by Gearzio. We have the right to disable any Gearzio Account, Profile, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service.
Descriptions of Certain Gearzio Features
Gearzio Purchase (Buy & Sell):
We offer a feature that allows Buyers to offer to purchase, or purchase, a Listing offered for sale by a Seller. Both Buyers and Sellers can submit offers or counter offers to the other party, which may be accepted by that Member.
Gearzio Purchase Cart:
We offer a feature that allows Buyers to add one Listing or multiple Listings, offered for purchase by one or more Sellers, to a cart that aggregates the initial Transaction Costs, purchase cost, fees, and discounts, for all the Listings (hereinafter, “Cart”). A Buyer has an option to select a Listing pick-up date and return date for a Cart. A Buyer may have an option to select a coverage option for each Listing in a Cart. A Buyer can compile and create Carts, where each Cart is associated with one Owner and one Rental Period.
Member Agreements
FOR A GEARZIO PURCHASE, YOU UNDERSTAND AND AGREE THAT GEARZIO TERMS OF SERVICE AND RULES, IN CONJUNCTION WITH YOUR PURCHASE AND PURCHASE INVOICE, EFFECTIVELY ESTABLISHES THAT A PURCHASE TOOK PLACE BETWEEN THE YOU AND OTHER USER IDENTIFIED IN THE PURCHASE, EFFECTIVELY ESTABLISHING A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OTHER USER IDENTIFIED IN YOUR PURCHASE.
Transaction Charges, Authorizations, Cardholder and/or Bank Account Holder Liability, Disputes, and Collections
Once a Buyer agrees to purchase a Listing on Gearzio, we process payment from the Buyer and remit payment to the Owner or Seller of the Listing. We may use third-party payment providers to process transactions. By using the Platform, you agree to pay us and receive payment through our payment providers (such as PayPal and Stripe) to process transactions. By using the Service, you agree to pay us and receive payment through our payment providers, and you agree to the terms and conditions and privacy policies of our third-party providers.
By providing Gearzio with payment credentials and billing information, you authorize Gearzio and any third-party payment processors and/or service providers that we may use, to store your payment credentials (whether it is a personal or business account) and billing information for future use by you, and for future charges for any unpaid balances you may owe to an Owner, a Seller, and/or Gearzio.
By providing Gearzio with payment credentials (whether it is a personal or business account) and billing information for a third-party cardholder and/or bank account holder, you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized Gearzio and any third-party payment processors and/or service providers that we may use, to store the third-party cardholder and/or bank account holder’s payment credentials and billing information for future use by you and the third-party cardholder and/or bank account holder, and for future charges for any unpaid balances you or the third-party cardholder and/or bank account holder may owe to an Owner, a Seller, and/or Gearzio . You and the third-party cardholder and/or bank account holder agree that you and the third-party cardholder and/or bank account holder are jointly and severally liable for any unpaid balances you may owe to an Owner, a Seller, and/or Gearzio.
You authorize Gearzio, or you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized Gearzio, to use stored payment credentials and billing information for any unpaid balances of Transaction Costs that include, but are not limited to, commission fees, rental fees, transaction fees, service fees, community fees, Owner Profits (Owner profits after Service Fees are collected by Gearzio), Listing fees, insurance fees, merchant fees, deductibles, security deposits, any amounts owed by the you or the third-party cardholder and/or bank account holder to an Owner, a Seller, and/or Gearzio, and/or amounts that you or the third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder’s bank disputes a charge to our payment processor on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees.
You may authorize a third-party to use your Gearzio Account in accordance with this Agreement. You acknowledge and agree that anyone you authorize to use your Gearzio Account may use the stored payment credentials and billing information on your behalf and that you will be responsible for any payments made by such person.
Gearzio will pursue all available methods available under law to collect unpaid balances. We may also engage collection agencies and legal counsel to collect unpaid balances and any applicable late payment fees. Gearzio, and any collection agencies that we engage, may report unpaid balances and any related Gearzio Account information to the credit bureaus to be reflected in your credit report.
If Gearzio receives a cardholder and/or bank account holder dispute or chargeback for any charges that are owed by you from your use of the Platform, then you agree to immediately remit payment to Gearzio for the disputed charge amount and a $50.00 dispute fee for each disputed charge. Gearzio will respond to any disputes with any information that indicates that the charge was authorized by you or a third-party cardholder and/or bank account holder.
As an Owner or Seller, you understand and agree that if Gearzio is unable to collect any Transaction Costs and funds related to a Listing, including disputed charges, from the Buyer, you will refund any Owner or Seller profits or funds that were were transferred to you, or the bank account added on your Gearzio Account, directly to Gearzio immediately. You also agree and authorize Gearzio to withdraw funds from the bank account added on your Gearzio Account, if necessary to reimburse Gearzio for any Transaction Costs and funds related to a Listing transaction that Gearzio is unable to collect from the Buyer.
You agree that all communication, including but not limited to communication from Gearzio, a collection agency, or legal counsel, regarding unpaid balances, delinquent accounts, and amounts owed to other Users may be made by contacting you via the email address (electronic mail) or phone number you provided on your Gearzio account. In some cases, communication regarding unpaid balances, delinquent accounts, and amounts owed to other Users or Gearzio may be made by mailing a letter to the address you provided on your Gearzio account.
Use of Stripe for Payment Processing
Gearzio may use Paypal and/or Stripe to process payments, refunds, and to gather User data from financial institutions. By using our service (Platform), you grant Gearzio and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy.
Financing Providers
Gearzio may offer financing options and alternatives through third-party financing providers (“Financing Providers”). You acknowledge that Financing Providers are not agents of Gearzio and we are not bound by the representations, promises, warranties or guarantees provided by any Financing Providers. By using the Platform you hereby waive and release any and all claims against Gearzio that arise out of your use of, or the services of, any Financing Providers.
Listings, Listing Conditions, and Listing Prices
Owners or Sellers are responsible for creating their own Listings, and for the accuracy and content of their Listings. Owners or Sellers must accurately describe the Listing and all of the Listing contents, so that the Buyer, Gearzio, insurance companies, law enforcement, or courts can review exactly what a Renter rented or the Buyer purchased. Owners or Sellers must only upload photos that accurately represent the Listing that they are offering to rent to a Renter, or to purchase by a Buyer.
When prompted, Sellers are responsible for setting an accurate Listing condition from predetermined condition categories that are provided by Gearzio. Each condition category has a description that Sellers must review and select. Sellers can also provide any specific information about the condition of a Listing in the Listing description. If a Buyer does not agree with the condition category that the Seller selected and/or the condition description that the Seller added, after the Buyer receives their purchased Listing, the Buyer can request to initiate a return to the Seller and a refund from the Seller within the refund period, as determined and provided by Gearzio or the Seller.
Gearzio is not liable for a User’s (or the User’s Authorized Person) deceptive or fraudulent acts, voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s (or the User’s Authorized Person) deceptive or fraudulent acts and a User’s (or the User’s Authorized Person) use of Gearzio.com, but Gearzio will completely cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.
NOTE: AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE OWNERS OR SELLERS AND RENTERS OR BUYERS CONNECTING, COMMUNICATING, LISTING, RENTING, AND/OR PURCHASING LISTINGS DIRECTLY WITH EACH OTHER. GEARZIO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTINGS. GEARZIO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS. ACCORDINGLY, ANY RENTALS OR PURCHASES WILL BE MADE AT THE USER’S OWN RISK. IN NO EVENT SHALL GEARZIO BE LIABLE TO A USER OR A RELATED THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE INFORMATION ON GEARZIO’S PLATFORM. WHILE GEARZIO WILL EXPECT A USER OR A RELATED THIRD-PARTY TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, GEARZIO WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
Taxes
Gearzio cannot and does not offer Tax-related advice to any Users. Please consult your tax consultant to determine tax treatment for your listings activities and retain all relevant documentation. This statement is provided for information purposes only and is not intended to constitute tax advice.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes that the Owner or Seller may be required by law to collect and remit to governmental agencies, and other similar municipal, provincial, state, federal and national indirect or other withholding and personal or corporate income taxes.
You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included in a Listing price, and for including Taxes to be collected or obligations relating to applicable Taxes in your Listings.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where you are located may require Taxes to be collected from Owners and Renters, or Sellers and Buyers, on the amount paid for the right to use of Listings for a Gearzio rental, or on the amount paid for the right to purchase and obtain a Listing for a Gearzio purchase, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the actual Listing price (before tax) set by Owners or Sellers, a set amount per day, or other variations. You are solely responsible for remitting to the relevant authority any Taxes included or received by you.
Gearzio is not required to, and does not, collect Washington sales or use tax. Under Washington law, purchases are not tax-exempt merely because a seller (Seller) is not required to collect Washington’s tax. Washington law requires Washington purchasers (Buyers) to review untaxed purchases and, if any tax is owed, file a Washington use tax return and pay any tax due. Visit dor.wa.gov/consumerusetax for more information.
Community Rules
When you sign up as a Member of the Platform, you must agree to Gearzio’s Community Rules, along with the Terms of Service and Privacy Policy, when prompted. Please take the following rules and policies seriously and honor them in the spirit in which they are intended. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation.
Buy & Sell Cancellation Policy:
An offer may be canceled by the Buyer and the Seller before or during the meetup for any reason. The Buyer will be issued a refund for the amount charged. If the Buyer wishes to cancel the transaction after payment has been confirmed at the meetup, the Buyer will be required to request a refund.
Taking Listing Offline:
The exchange of personal contact information before a request or offer has been accepted is not permitted. Any efforts to move rentals or sales initiated on Gearzio off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on Gearzio but completed off-site will not be protected by any of Gearzio’s policies or protections.
Owner or Seller Release and Waiver
In order to rent or purchase a Listing, you, the Renter or Buyer, accept this Listing Release and Waiver, which is effective between you, the Renter or Buyer, and Listing Owner or Seller as of the date when you first rent or purchase a Listing.
You represent that you are eighteen (18) years of age or older. If you are allowing a minor to be in the presence of and/or use of the Listing, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Rental Period or after your purchase, and have read this Release and Waiver and agree to it on the minor’s behalf. If you are renting or purchasing a Listing on behalf of another person or company, you will ensure, and you represent and warrant, that each person or company on whose behalf you book has read and agreed to this Listing Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Assumption of Risks: You understand and acknowledge that the Listing may be hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF RENTING OR PURCHASING A LISTING, INCLUDING EACH ITEM THAT AN OWNER OR SELLER RENTS OR SELLS TO YOU, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER, SELLER, OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE RENTAL OR AFTER THE PURCHASE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE RENTAL OR PURCHASE OF THE LISTING.
Release and Waiver: You acknowledge and agree that:(1) You have reasonably assessed the risks involved in the rental or purchase and have made an informed and voluntary choice to participate in the rental or purchase; (2) You alone, and not the Listing Owner or Seller, are responsible for determining your fitness for participating in the rental or purchase and your ability to fully understand any directions or warnings presented; (3) You will not participate in any rental or purchase when you have a physical, medical, or mental limitation or disability that may be relevant or may affect to the use the Listing that you are renting or purchasing, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental or purchase; and (4) You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the rental or purchase. If you notice any hazard during a Rental Period, you will stop participating in the rental immediately and inform the listing Owner.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE LISTING OWNER OR LISTING SELLER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR RENTAL OR PURCHASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.
Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS PROVIDE THEIR LISTINGS “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification: You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Owner or Seller relating to a Listing rental or purchase, you will indemnify and hold the Listing Owner or Seller harmless from any liability, demand, loss, damage, or costs which the Owner or Seller may incur as the result of such claim.
YOU AFFIRM THAT YOU HAVE READ THIS LISTING RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Gearzio, its licensors or other owner or providers of such material and are protected by Canada, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Terms permit you to use the Platform for your personal, non-commercial use only. Any and all commercial use by you of the Platform must be expressly authorized by Gearzio.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows: 1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 2) You may store files that are automatically cached by your Web browser for display enhancement purposes; 3) You may print or download one copy of a reasonable number of pages of website for your own personal, non-commercial use and not for further reproduction, publication or distribution; 4) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end User license agreement for such applications; and/or 6) If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not: 1) Modify copies of any materials from this site; 2) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and/or 3) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without Gearzio’s authorization. If you wish to make any use of material on the Platform other than that set out in this section, please contact Gearzio.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Gearzio. Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws.
Trademarks
Gearzio name, the term “Gearzio,” the Platform or Gearzio logo and all related names, logos, product and service names, designs and slogans are trademarks of Gearzio or its affiliates or licensors. You must not use such marks without the prior written permission of Gearzio. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
Prohibited Uses: You may use the Platform only for lawful purposes and in accordance with the Terms. You agree not to use the Platform: 1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 3) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms; 4) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 5) To impersonate or attempt to impersonate Gearzio, a Gearzio employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, display names, usernames, social links, or bios associated with any of the foregoing); and/or 6) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Gearzio or Users of the Platform or expose them to liability. Additionally, you agree not to: 1) Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform; 2) Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; 3) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; 4) Use any device, software or routine that interferes with the proper working of the Platform. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 5) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; 6) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or 7) Otherwise attempt to interfere with the proper working of the Platform.
User Contributions
The Platform may contain Listings, User Profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin board, blogs, comment sections, social media features and other interactive features (collectively, “Interactive Platform”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in the Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: 1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; 2) All of your User Contributions do and will comply with the Terms; and 3) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Gearzio, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other User of the Platform.
Monitoring and Enforcement; Termination
We have the right to: 1) Remove or refuse to post any User Contributions for any or no reason in our sole discretion; 2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public or could create liability for Gearzio; 3) Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and/or 5) Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS GEARZIO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GEARZIO AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GEARZIO OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake review of all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Platform. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: 1) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; 2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 3) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; 4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy; 5) Be likely to deceive any person; 6) Promote any illegal activity, or advocate, promote or assist any unlawful act; 7) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; 8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization; 9) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or 10) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Ratings and Reviews
After a completed transaction, Gearzio Members can leave a publically-displayed Profile review (“Review”) and submit a rating (“Rating”) about another Member. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Gearzio. Ratings and Reviews are not verified by Gearzio for accuracy and may be incorrect or misleading. Ratings and Reviews by Members must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to content terms in this Agreement and may be removed by Gearzio. Ratings and Reviews may also be displayed elsewhere on the Platform together with other relevant information about the Member.
Copyright Infringement
If you believe that any User Contributions violate your copyright, contact us. It is the policy of Gearzio to terminate the Gearzio Accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Gearzio, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Gearzio. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information and documentation we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Other Terms and Conditions
All actions through our site or other transactions for the rental of Listings or information formed through the Platform or as a result of visits made by you are governed by our terms and conditions which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Platform may provide certain social media features that enable you to: 1) Link from your own or certain third-party services to certain content on the Platform; 2) Send emails or other communications with certain content, or links to certain content, on the Platform; and/or 3) Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 1) Establish a link from any Platform that is not owned by you; 2) Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; 3) Link to any part of the Platform other than the homepage; and/or 4) Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of the Terms. The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including online advertisements, promoted Listings, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
Disputes (Agreement to Arbitrate)
THE FOLLOWING SECTION AFFECTS YOUR RIGHTS REGARDING HOW CLAIMS YOU AND GEARZIO HAVE AGAINST EACH OTHER, AND HOW CLAIMS YOU AND OTHER USERS HAVE AGAINST EACH OTHER, ARE RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
Subject to applicable law, you and Gearzio agree that any claim or dispute at law or equity that has arisen or may arise between us, or may arise between us, relating to or arising out of this Agreement or any previous versions of the Agreement, your use of and access to the Service, or any breach, termination, or enforcement of this Agreement will be resolved in accordance with the provisions set forth in this “Disputes (Agreement to Arbitrate)” section of the Agreement. This will preclude you from bringing any class, collective, or representative action against Gearzio and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Gearzio by someone else.
Contact Gearzio: If a dispute arises between you and Gearzio, we want to do our best to help resolve the dispute. Disputes between you and us may be reported to help@Gearzio.com.
Applicable Law: You agree that the laws of the Province of Alberta, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Gearzio, except as otherwise stated in this Agreement.
Agreement to Arbitrate: You and Gearzio each agree that any and all disputes or claims that have arisen or may arise between you and Gearzio (including its respective subsidiaries, employees, officers, directors, and agents), or between you and another User, relating in any way to or arising out of this or previous versions of the Agreement, your use of, or access to the Service, or any services sold, offered, or purchased through the Platform or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, as an alternative to resolving a dispute in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the threatened or actual infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act , 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this “Disputes (Agreement to Arbitrate)” section.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND GEARZIO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GEARZIO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GEARZIO USERS.
Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator may award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these Terms as a court would.
You and Gearzio agree that any dispute, claim or controversy under $25,000 in value arising out of or relating to this Agreement, whether between you and Gearzio or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, may be settled, at Gearzio’s discretion, by binding arbitration administered or conducted by an ADR Institute of Canada member https://adric.ca or FairClaims (www.FairClaims.com), at Gearzio’s discretion, and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration hearing shall be held via videoconference. You consent to electronic service of process, with service to be made to the email address we have on record for your account.
You and Gearzio agree that any dispute, claim or controversy $25,000 and over in value arising out of or relating to this Agreement, whether between you and Gearzio or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered or conducted by an ADR Institute of Canada member https://adric.ca.
Gearzio may elect to have the arbitration conducted by Video Conference, telephone or based solely on written submissions, which election shall be binding on you and Gearzio subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Gearzio, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the Province of Alberta, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration: The parties agree to split all fees evenly, or Gearzio may elect, but is not obligated to, to cover all fees. You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action.
Payment of all filing, administration, and arbitrator fees will be governed by the ADR’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Gearzio for all fees associated with the arbitration paid by Gearzio on your behalf that you otherwise would be obligated to pay under the rules.
Non-Disclosure: You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation arising out of or relating to this Agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or Gearzio, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Gearzio or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and Gearzio.
Severability: With the exception of any of the provisions in any subsection of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply.
Opt-Out Procedure: You can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). Please contact us for the mailing address. For new Gearzio Users, the Opt-Out Notice must be postmarked no later than thirty (30) calendar days after the date you accept the Agreement for the first time. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address used to log in to Gearzio Accounts to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Changes to the Agreement to Arbitrate: Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or services link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Gearzio prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to http://www.Gearzio.com, and shall not be effective as to any claim that was filed in a legal proceeding against Gearzio prior to the effective date of termination.
Geographic Restrictions
Gearzio, Inc., the owner of the Platform, is based in the Province of Alberta in Canada. We provide the Platform for use only by persons located in Canada and the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of Canada, or accessible or appropriate for non-residents. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
Indemnification
You agree to defend, indemnify and hold harmless Gearzio, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services and products other than as expressly authorized in the Terms or your use of any information obtained from the Platform.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GEARZIO NOR ANY PERSON ASSOCIATED WITH GEARZIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER GEARZIO NOR ANYONE ASSOCIATED WITH Gearzio REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GEARZIO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Release of Gearzio and Limitation on Liability
If you have a dispute with a Gearzio User, Authorized Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), Authorized Person, a any third-parties (including but not limited related insurance carriers, insurance agents, and/or insurance companies), you release Gearzio, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code Section 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IN NO EVENT WILL GEARZIO , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GEARZIO AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.
YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THIS RELEASE OF Gearzio AND LIMITATION ON LIABILITY SECTION AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND LIMITATION ON GEARZIO’S LIABILITY, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
Assumption of Rights
If Gearzio pays out a claim, reversal, or chargeback that you file against another Gearzio User, you agree that Gearzio assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at Gearzio’s discretion.
Insolvency Proceedings
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, as amended, or under any other bankruptcy or insolvency law, Gearzio will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
Governing Law and Jurisdiction
All matters relating to the Platform and the Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the Province of Alberta without giving effect to any choice or conflict of law provision or rule whether of the Province of Alberta or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, the Terms or the Platform shall be instituted exclusively in the courts of the Province of Alberta in each case located in the City of Calgary, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Gearzio of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gearzio to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms (including the Agreement to Arbitrate), Privacy Policy, and Community Rules constitute all the agreements (together and in their entirety) between you and Gearzio, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
Your Questions and Comments
The Platform is operated by Gearzio. All notices of copyright infringement claims should be sent to help@Gearzio.com. All other questions, feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: help@Gearzio.com.