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GEARTRADE TERMS AND CONDITIONS OF USE

Date of Last Revision: 07/15/22
Effective Date: 07/22/22

Welcome to Geartrade! Geartrade LLC (“Geartrade”) provides access to a marketplace for the sale of Outdoor Gear and Apparel. These Terms and Conditions of Use govern Your access to, and use as an end user of our websites, Mobile Applications, or Online Services (the “Services”). You agree to be bound by these Terms and Conditions and all terms incorporated by reference. Do not use our website, mobile application, or online services if you do not agree to all of these terms.

Registration

To sell or buy gear on Geartrade, potential sellers and buyers must register. Registering to participate implies acceptance of these Terms and Conditions. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim user accounts on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

Age: You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Geartrade or the Services. You are responsible for all account activity conducted by a minor on your account.

Username: When registering you may select any username available so long as the name is appropriate. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates these Terms and Conditions of Use.

Limited License

Except as otherwise indicated, all content and materials associated with our services, including but not limited to Geartrade logos and all designs, text, graphics, pictures, information, data, software, digital files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Geartrade or our licensors, suppliers or users and are protected by United States and international copyright laws. Your use of the Services is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in this Terms and Conditions of Use agreement. Geartrade grants you a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Services for your own exclusive benefit and solely for the purposes intended by the Services.

Buying and Selling

Buyers: You are solely responsible for reading and reviewing the Item listing before bartering or purchasing. You enter a legally binding contract with the seller to purchase an item when you commit to buy an item or your offer for an item is accepted.

To help protect against fraud and the falsification of gear, buyers have 72 hours to inspect the item under the Buyer Inspection Guarantee. Unless stated otherwise, Geartrade allows returns if the item was misrepresented on the website, in size, color, condition, If the item arrived damaged, or not as described. Once your item has been delivered, buyers have 72 hours to contact Geartrade to initiate a return. If you received an item that was misrepresented, please send us an email right away to gearheads@geartrade.com. Geartrade mediates all returns between Buyer and Seller. For more information see our Buyer Protection Policy: https://www.geartrade.com/pages/buyer-protection-policy

Buyer protection is not available to buyers which we deem to be involved in fraudulent activities, for example acting as both buyer and seller or is using a stolen payment method.

Sellers: You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely. You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Geartrade has no responsibility or liability for the safety or performance of any product that you list or sell using our Services.

Since Geartrade collects payment from the buyer, sellers are guaranteed payment on completed transactions. You are responsible for entering in a valid tracking number from a reputable shipping company (UPS, FedEX, UPS) that confirms delivery to the correct address. If there is a fraudulent purchase, we will make every effort to recover your goods or ensure payment. This seller protection is not available for sellers in which we deem to be involved in fraudulent activities, for example acting as both buyer and seller.

Our policies don't cover items bought or sold outside of our site. If you buy or sell items outside of Geartrade, we won’t protect you against fraud.

Fees:

Effective Date: 07/22/2022

Registering for the Service is free. When an item sells, Geartrade charges a flat 15% Commission on the sale of goods. This commission is not applied to Tax or Shipping Costs and is only calculated on the Item Selling Price. Items that sell for $2000 or more will have a fixed selling fee of $300. Items that sell for $25 or less will have a fixed selling fee of 20%.

 

Payment processing fees: Geartrade collects a payment processing fee to cover external processing costs on Peer to Peer sales. The fee is 2.9% + $0.30 and is applied to the total value of the transaction.

Consignment: Geartrade markets and sells Outdoor Gear and Apparel for both buyers and sellers as a seller using the Geartrade name. For separate fees regarding the Consignment Service at Geartrade, please see the following:

Consignment Terms of Service: https://www.geartrade.com/pages/consignment-terms-of-service and Consignment How it works: https://www.geartrade.com/pages/how-it-works

All amounts are quoted in US dollars unless otherwise stated.

 

Taxes

Purchased items may be subject to applicable taxes in your jurisdiction, which Geartrade will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Geartrade is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items but will be displayed before confirmation of purchase. The collection of taxes is based on several factors, including product price, destination of shipment, and state, local, federal, or other applicable rates at time of purchase. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees. Although we may assess taxes upon purchase or sale, You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Geartrade does not collect taxes on your behalf.

We collect taxes in the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming

Prohibited Items

Geartrade prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation.

Counterfeit Items

 

Counterfeit items are not allowed to be listed and sold on Geartrade. Items that bear a company's official brand name or logo can be listed if the products were lawfully made by that company. Counterfeit items may include items that are fakes, copies, or replicas of brand name items (Example: a jacket bearing the Patagonia name or logo that was not made by Patagonia).

 

Sellers are responsible for ensuring the authenticity of an item. If a buyer believes that the item they purchased is counterfeit, the buyer should contact Geartrade Customer Service immediately at gearheads@geartrade.com. We may ask the buyer to send a description or pictures of the item so we can conduct a review.

If after reviewing an item we cannot confirm its authenticity, we reserve the right to cancel the order. If we reasonably believe an item to be counterfeit, we will provide a refund for the full cost of the item and any accompanying shipping costs to the buyer and the seller will not receive earnings from the transaction. Sellers acknowledge and agree that if an item in question is deemed counterfeit, we shall ensure disposal of the item at our discretion.

If we are unable to reasonably determine that an item under dispute is counterfeit, we may have it sent back to the seller and we will provide the buyer a refund for the full cost of the item and any accompanying shipping costs immediately. The seller will not receive any earnings from the transaction.

Shipping Purchased Items

As a seller, you agree to ship sold items to the buyer within 5 business days. Failure to ship orders may result in a detrimental seller rating and possible account suspension. Geartrade will not pay you for your sold item until a valid tracking or delivery confirmation number is entered into the recently sold items section of the seller dashboard. If you enter a false tracking number, Geartrade will not pay you for the item sold until the buyer receives verification that the item was shipped. If you ship an item via US Postal Service, you must request a delivery confirmation number, as they are not issued automatically. Some shipping options involve reimbursement to sellers for shipping costs. To be reimbursed for shipping costs, you must ship the item according to the shipping method you have chosen. If you ship an item by a method different from that which you previously selected, you will not be properly reimbursed for shipping costs.

Geartrade will not be held responsible for fluctuations in the cost of shipping, and you will not be reimbursed for discrepancies between calculated shipping costs, listed shipping costs, and actual shipping costs. Geartrade does not include shipping costs when calculating commissions.

Pricing

Merchandise pricing on Geartrade is stated in U.S. dollars, unless otherwise indicated, net of applicable taxes and shipping charges, if any. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.

Sellers are responsible for setting the price for their gear when not using the consignment service. Non-Consignment Sellers are responsible for the cost of shipping, unless otherwise agreed to, and product commission and should take those costs into consideration when setting the price for their gear and apparel. Geartrade reserves the right to change its shipping policies and commissions at any time.

Payment

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Services. You also agree to abide by any rules or policies governing your use of our Services and that you will not:

  • Use the Services other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
  • Introduce to the Services or our users any viruses, malware, corrupted data or other harmful, disruptive, or destructive files or code;
  • Use the Services in a manner that could interfere with or damage, disable, or impair the operation of the Services;
  • Use any robot, spider, crawler, scraper, data gathering, or other automated means not provided by us to access the Services or to extract data;
  • Interfere with the operations of our services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area you are not authorized to access, content filtering techniques, or code of the Services;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another's account without authorization from Geartrade or that User;
  • Engage in any harassing, intimidating, predatory, spamming, or stalking conduct;
  • Take any action that may undermine the Seller rating system;
  • Develop or use any applications that interact with User Content or our Services without our prior written consent.

User Content

As Users of Our Services, all information, including Product Content, Item Listings, Questions, Messages, Offers, Purchases, Sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Geartrade Services.

By posting or otherwise transmitting any User Content you hereby grant Geartrade and its affiliated companies a nonexclusive, worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use in any manner your User Content in connection with the operation of the Geartrade Services, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. This includes without limitation publishing your User Content on the Internet or on Third Party Services such as social media platforms, blogs, or media outlets, and allowing other users to share product listings that include your User Content. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Geartrade does not control the Content provided by users that is made available onGeartrade and is not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content and may remove or delete all or any portion of the Content at any time.

You understand that Geartrade is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Geartrade. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive any legal or equitable rights or remedies You have or may have against Geartrade. Any and all Content You upload is not considered confidential by Geartrade, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Geartrade’s sole discretion, and Geartrade has no control or liability over what other users do with your Content. You understand and agree that Geartrade will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to Geartrade are non-confidential and Geartrade shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.

Prohibited Content

You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Geartrade Services any:

  • Content that Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading, or fraudulent.
  • Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any applicable law.
  • Content that infringes on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  • Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences.
  • Content that impersonates, or misrepresents your affiliation with, any person or entity.
  • Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations.
  • Content that contains any private or personal information of a third party without that third party’s consent.
  • Content that contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
  • Content that is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Geartrade or others to any harm or liability of any type.

Geartrade Rewards

The Geartrade Rewards Program (“Geartrade Rewards”) is a rewards program offered by Geartrade where eligible customers are able to earn and accumulate points that can be claimed for rewards which can be used for certain benefits (“Rewards”)

Eligibility:

  • The Geartrade Rewards Program is available to legal residents of the United States who are 18 years of age or older.
  • Membership in the Program is free.
  • The Program is offered for personal use only. Corporations, groups, associations, commercial customers, or individuals purchasing items for commercial use are not eligible for membership in the Program.

How to Join:

  • You will be automatically enrolled in to the Geartrade Rewards program at the time of account registration.
  • To opt out of the Geartrade Rewards program, please email us at gearheads@geartrade.com.

Tiers

  • The Geartrade Rewards Program has three tiers of membership: Valley, River, and Peak.
  • The creation of a new account will automatically start at the Valley membership level.
  • You advance to higher tiers by purchasing items sold on Geartrade.com, Selling items on Geartrade.com, or both Buying and Selling items on Geartrade.com
  • To see how to qualify for specific tiers, please visit this page: https://geartrade.com/apps/loyalty

Tier Benefits

  • All membership tiers enjoy a variety of benefits for both buying and selling on Geartrade.
  • To see the benefits by tier please visit this page: https://geartrade.com/apps/loyalty
  • Tier benefits may change at any time without notice.

Points

  • Points can be earned by both buying and selling on Geartrade.
  • To see the points earned for both buying and selling on Geartrade, please visit this page: https://geartrade.com/apps/loyalty
  • Each time you accumulate 200 Points, those Points are automatically converted to a $5 reward (“Reward”). The 200 Points associated with that $5 Reward are immediately debited from the Point balance in your account dashboard.
  • Points and Rewards have no fixed value, may not be redeemed for cash, and may not be pooled, transferred, gifted, or sold.
  • Points and Rewards cannot be used towards previous purchases.
  • If an item that has earned points is returned, the points earned for that item purchased will be deducted from your point balance. It is possible your account could have a negative point balance if you return item(s) for which rewards have already been claimed.
  • You may not earn points on The Purchase of Gift Cards

Using Rewards

  • Rewards may be used toward the purchase of products or services on Geartrade.com.
  • There is no limit on the total value of Rewards you can redeem on any single transaction.
  • The Program will debit the oldest $5 Reward(s) from your account first when redeeming rewards toward new purchases.
  • If you redeem Rewards at checkout, those Rewards will be applied to the order subtotal.
  • Rewards are single-use and may not be combined with other rewards, offers, or discounts.
  • Rewards will expire one (1) year after they are awarded.

Any Rewards, Benefits, Seller Savings, or other offers may not be applied retroactively to previous transactions.

Any Points and claimed Rewards will automatically expire if your account is merged, revoked, or otherwise canceled for reasons detailed in our Terms of Use.

Geartrade Rewards terms are subject to change without notice. All merchandise subject to availability. Redeemable in the U.S. only. Other restrictions may apply.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

Disclaimer of Warranties

Geartrade tries to keep its Services safe, secure, and functioning properly, but Geartrade cannot guarantee the continuous operation of or access to our Services. Listing Changes, Price Changes, Ask a Question, and other notification functionality on Geartrade may not occur in real time. Such functionality is subject to delays beyond Geartrade’s control.

Except as expressly provided to the contrary in writing by Geartrade, the Services and all merchandise and/or content made available on, contained in, or accessed through the Services are provided on an "as is" basis without warranty by Geartrade of any kind, either express or implied. Your use of the Services is at your sole risk. To the extent permitted by applicable laws. Geartrade disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the merchandise, information, content, and materials on the Services.

To the extent permitted by law, Geartrade makes no warranty that:

  • You will be able to sell or purchase any items through the services or that the Services will otherwise meet your requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • The results that may be obtained from the use of the Services will be accurate or reliable.
  • The quality of any goods, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

Geartrade makes no guarantee regarding the authenticity, quality, safety, or legality of any items offered or sold, nor the truth or accuracy of any listings, or ability of buyers and sellers to transact any business on the platform.

Limitation of Liability

In no event shall Geartrade, and (as applicable) Geartrade’s subsidiaries, officers, directors, employees, agents and suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Geartrade’s services, or this agreement, including without limitation, lost profits, bodily injury, or any special, incidental, indirect, or consequential damages. Geartrade’s liability, and (as applicable) the liability of Geartrade’s subsidiaries, officers, directors, employees, agents, and suppliers, to you or any third parties in any circumstance shall be limited in any event to two hundred fifty dollars ($250.00). The limitation stated in the preceding sentence is an aggregate limit and shall not be expanded, and no exception shall be made, on account of the existence of multiple claims, whenever arising, regardless of the nature or extent of such claims.

Third Party Claims

In no event shall Geartrade, and (as applicable) Geartrade’s subsidiaries, officers, directors, employees, agents, and suppliers be liable to you for any reason, for or with respect to any claim, debt or demand made or brought against you by any third party (including any other user of the Services).

Indemnification

You agree to defend, indemnify and hold harmless Geartrade, its affiliated entities, clients, customers, independent contractors, service providers and consultants, and their respective directors, employees, shareholders, members and agents (together, “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to Your use of the Services, Site Materials, the Products and Listings, and any User Content you post, store or otherwise transmit on or through the Services, Your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the Indemnified Parties, or any of them, arising out of or relating to the User Content, Your conduct, Your use of the Products and Listings, your violation of these Terms of Use or the Geartrade Privacy Policy, as each may be amended from time to time, or your violation of any laws, regulations or third party rights.

Intellectual Property Rights

You acknowledge and agree that our patents, trademarks, trade names, service marks, copyrights, and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and nothing in this agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of Geartrade's intellectual property.

The software and the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Geartrade LLC or its suppliers, and are protected by U.S. and international copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Geartrade LLC. and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the site is strictly prohibited.

Applicable Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake County, Utah.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

Modifications to Terms of Use

We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

Notices

If you have any questions or comments about this Agreement, the services that Geartrade provides, or wish to terminate this Agreement, please contact Geartrade by email at gearheads@geartrade.com.

You also may write to Geartrade at:
Geartrade, LLC
Attn: Legal Department
1887 South 3230 West
Salt Lake City, UT 84104

Geartrade shall provide all notices to you at the email address that you have provided to Geartrade. You are solely responsible for keeping that information current with Geartrade. You hereby agree that all agreements, notices, disclosures, and other communications that Geartrade provides electronically to you satisfy any legal requirement that such communications be in writing.

Dispute Resolution

In the event you wish to initiate an action, we strongly encourage you to first contact us directly at gearheads@geartrade.com

If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 45 days in which to respond to or settle the Dispute. Notice shall be sent to Geartrade at:

Geartrade, LLC
Attn: Legal Department
1887 South 3230 West
Salt Lake City, UT 84104

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