TERMS OF SERVICE
These Terms contain important provisions, including provisions outlining our automatically renewing membership subscription and provisions that require arbitration of individual claims and limit your potential remedies. See below in Sections 2 and 3 for full details.
2. PAYMENTS, MEMBERSHIP, AND SUBSCRIPTION TERMS
Payments. You agree to pay Company all fees associated with any purchases you make and/or your use of the Website (“Fees”), as indicated to you at the time you agree to such Fees (such as through the registration or checkout process). All transmissions of payment information entered through the Website are secured with Internet-standard TLS (also known as HTTPS) encryption. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time. Payments may be processed by a third party, e.g., PayPal and/or Clickbank. As such, you understand and authorize the collection of your related payment information and transfer of the same for payment processing to these third parties.
Membership. We, in our sole discretion, may allow users to enroll in our membership program (“Membership”). Our Membership provides you with access to as many as 300,000 deals, discounts and/or coupons with an ever-changing variety of offers that generally include, but are not limited to, restaurants, electronics, hotels, groceries, mobile phone services, home furnishings, movie tickets, mortgages, eye care, appliances, auto purchases, auto maintenance and repair, auto rentals and admissions to amusement parks. The deals are updated from time to time and new deals regularly become available. If you choose to enroll in our Membership, you will receive periodic email updates on the newest and best deals. Company may change its Membership promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
Subscriptions. Company, at its sole discretion, offers access to its Membership program on a subscription basis. If you sign up for our Membership program, you will be enrolled in a subscription plan (your “Subscription”) and will be billed according to the terms of the Subscription as displayed to you at the time you first enroll (the “Subscription Terms”).
Timing of Subscription Payments. At the time you enroll in your Subscription, you will be required to provide your payment card information to pay for the Fees associated with your Subscription. If you choose to sign up for a Membership, thereby enrolling in a Subscription, you understand and agree that your payment card on file will be charged Fees for additional Subscription periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless cancelled in advance of the next payment period by you. Please pay attention to the Fees, payment terms and disclosures provided during the checkout process for your Subscription.
Changes and Cancellation. To change or cancel a Subscription, you may either contact us through our Live Chat function or email us at email@example.com. If you choose to change or cancel your Subscription by email, you must provide Company with sufficient information to identify you, such as your name and email address. Changes and cancellations must be made at least three (3) days before your payment card is charged for the next Subscription payment in order to avoid said payment.
Membership Subscription Refunds. Unless otherwise indicated at your time of checkout, ALL MEMBERSHIP SUBSCRIPTIONS ARE FINAL AND THERE ARE NO REFUNDS. However, if you feel that you have been charged in error, please contact us immediately so we can help you resolve any issues. You may either contact us through our Live Chat function or email us at firstname.lastname@example.org.
Shipping and Product Delivery. Orders typically ship from our warehouse within 1-2 business days (excluding weekends and holidays). Most orders are shipped via USPS with standard ground service from Colorado and will take an additional 7-10 business days for delivery, depending on the recipient's state. Some orders are shipped from other locations as needed. A tracking number will be emailed to the customer after the order has been processed. Company is not responsible for any delays due to local disruptions. Company is not responsible for LOST, DAMAGED or STOLEN PACKAGES, please contact your local post office. If you do not receive your order within 10-business days from your purchase date, please contact our Customer Service
Refunds. If you are not completely satisfied with the quality of any product you have ordered from the Website, you may return the product and request a refund within thirty (30) days of delivery. The refund will be issued to the same method of payment (e.g., credit card, debit card, etc.) used to make your purchase following Company’s receipt of the item being returned. If we are unable to issue your refund to the same method of payment used for the purchase (such as when you cancel or replace your credit card), then we will issue the refund as credit via Paypal, check, or as credit to our Website on a case-by-case basis. If you wish to return a product, please mail the item back to:
19655 E 35th Dr
Aurora, CO 80011
Additionally, please include your full name, order number, email address, and phone number.
We reserve the right to refuse any refund request if you do not make it within thirty (30) days of delivery or if we determine, in our sole discretion, that the refund request may be a violation of the Terms.
We will honor refund requests related to products that are delivered damaged, delayed, or incorrect; we will not refund your order if, for example, you accidentally purchase an incorrect number of products.
3. DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Wisconsin without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Wisconsin (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Website. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND 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 CLAIMS.
4. DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Website or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE WEBSITE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
5. ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Website.
6. MODIFICATION & TERMINATION
Errors. The Website may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Website, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Website, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination. Company may terminate this Agreement, the Website, your account, and your membership at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Website; and if you wish to cancel your membership, you should follow the instructions outlined above in Section 2. Sections 2, 11 and 12 shall expressly survive any termination of this Agreement.
7. YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use the Website and, if you are using the Website on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Website is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Website, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Website, including your account, and to suspend or cancel your membership for a violation of this Agreement or any applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Website solely for your personal access and use in the manner intended by the Website. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Website without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Website.
Your Account. To access various features of the Website, including to enroll in a Membership or to access your Membership benefits, you may be required to create an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Company immediately of any unauthorized use of your account. If you provide any information that is inaccurate, incomplete or not up-to-date, or if we determine in our sole discretion that such information may be inaccurate, incomplete or not up-to-date, we have the right to suspend or terminate your account and refuse you any and all current or future use of Website. You may not register for more than one account or register for an account on behalf of an individual other than yourself. If you have reason to believe that your account is no longer secure, immediately notify us at email@example.com.
Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Website:
- Using the Website in any manner not intended (including any commercial re-sale use);
- Using the Website in any manner that violates these Terms or any applicable law;
- Providing false, misleading, or inaccurate information to Company or anyone else;
- Impersonating or otherwise misrepresenting affiliation with any person or entity;
- Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information;
- Accessing content or data not intended for you or that you are not authorized to access;
- Probing, scanning, or testing the vulnerability of the Website or any associated system or network, or breaching security or authentication measures without proper authorization;
- Interfering with the Website (including through malware or exploiting vulnerabilities);
- Forging, modifying, or falsifying any network packet or protocol header or metadata; and
- Modifying, reverse engineering, or disassembling the source code used by Company.
Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless Company and Company Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.
8. THIRD PARTY SERVICES AND LINKED WEBSITES
The Website may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties (collectively, “Third-Party Services”), some of which may have established relationships with Company and some of which do not. Company has not reviewed and does not control Third-Party Services. Company does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. Company shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services.
9. ELECTRONIC COMMUNICATIONS; SMS AND TEXT MESSAGING
SMS and Text Messaging. The Website allows you to receive electronic communications (including SMS/MMS mobile messages) intended to provide you with information about the Website, offers, products, and services.
- You (1) consent to receive communications from Company in an electronic form; (2) agree that these communications will be subject to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 3; and (3) accept that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- By placing an order or signing up on the Website, you expressly provide prior written consent to receive recurring advertising and telemarketing text messages using any technology, including without limitation, automatic telephone dialing systems, at the mobile number used when signing up. You also agree we may send you such text messages using any such technology to remind you about upcoming orders and for other customer support, account or Website-related purposes. Your consent does not suggest or imply that any text messages are in fact sent using an automatic telephone dialing system.
- Message frequency will vary. The number of text messages that you receive will vary depending on a number of factors, including your order frequency.
- Message and data rates may apply. We do not charge a fee for our text message programs and assume no responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us.
- No liability for delayed or undelivered messages. Messages may not be delivered to you due to a variety of circumstances or conditions. Neither Company nor any carrier is responsible for any delayed or undelivered messages.
- You may opt out of a text message program at any time by texting STOP to the number from which the text messages are being sent. You acknowledge that our program platforms may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Company and its service providers will have no liability for failing to honor such requests.
By entering your phone number in our checkout SMS opt-in, subscribing via our subscription form or via our text-to-join keyword, you agree that By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from myfreegear.com at the cell number used when signing up. You also acknowledge that consent is not a condition for any purchase made on our site.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.
10. CONTESTS, SWEEPSTAKES, AND GIVEAWAYS
From time-to-time, Company may, but is not obligated to, offer promotional prizes via contests, sweepstakes, and giveaways (collectively, “Contests”) on the Website. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the official consent rules applicable to each Contest, you can enter for a chance to win the promotional prizes offered. To enter, you must first complete all applicable entry forms. You agree to provide true, accurate, current, and complete information in your entry forms. If Company determines, in its sole discretion, that you have entered inaccurate or fraudulent data, Company has the right to disqualify your entry in the Contest.
11. INTELLECTUAL PROPERTY
Company, Company’s name and logo, Company’s website domain(s), and all content and other materials available through the Website (collectively, the “Company IP”), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Company or its licensors and suppliers. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Website will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. All rights not expressly granted in this Agreement are reserved by Company.
This Agreement is the entire agreement between Company and you concerning the Website. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13. CONTACT US
If you have any questions regarding this Agreement, or would like more information from us, you can contact us at:
Gear Club LLC
3335 S Airport Rd W
Traverse, MI 49684