Disclaimer of Warranty and Liability
There are no warranties or representatives of any kind associated with your use of this web site or any products or other merchandise listed or referred to in the web site. The information, e-commerce and other services, and any form of product or merchandise which are or may be provided by or in connection with this web site are "as is" where specified in the case used gear only. You understand and agree that all warranties, whether express or implied, including the implied warranties of MERCHANTABILITY and fitness for a particular purpose, are hereby expressly disclaimed, and you agree never to assert any type of warranty claim against the Company. The Company or other does not warrant or guarantee that the information contained in this web site is complete or error-free, or that the most up-to-date information is necessarily included in the web site. The Company shall not in any event or for any reason be liable for any errors or omissions in any information provided in or through this web site.
Exclusion of Punitive and Consequential Damages
With respect to any and all claims arising as a result of your use of this web site or otherwise in any way related to the web site, THE COMPANY WILL NOT LIABLE TO YOU IN ANY EVENT, OR FOR ANY REASON, FOR ANY PUNITIVE DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (including any damages for lost or damaged files or data, lost profits, lost savings, or loss of opportunity), EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. This limitation shall apply without regard to the cause of action or form of action, and limits damages from claims in contract, warranty, tort (including allegations of negligence or allegedly intentional misconduct), product liability or strict liability.
Dollar Cap on Damage Liability
THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY ACTUAL, DIRECT NOMINAL AND ALL OTHER DAMAGES ARISING AS A RESULT OF YOUR USE OF THIS WEB SITE, OR IN ANY WAY RELATING TO THE WEB SITE OR THE PRODUCTS, MERCHANDISE OR SERVICES PROVIDED IN CONNECTION WITH SUCH USE, 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
The Company shall not 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 web site).
Intellectual Property Rights
You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (ii) 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.
Copyright (c) 2020, GearTrade LLC. The software and the site, 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 Burly, Inc. 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.
Any disputes, controversies, or claims arising between you and the Company that arise out of or relating to your use of this web site, or any transaction conducted on or through the site, or of the rights and obligations related hereto (collectively, the "Disputes"), shall be referred to the American Arbitration Association for arbitration in accordance with the commercial rules of the American Arbitration Association. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any other arbitration or proceeding involving any claim or controversy with or by any other party. The place of arbitration shall be Provo, Utah. The Federal Arbitration Act will govern any such arbitration. Each party shall bear its own costs, and the decision of the arbitrators shall be final and enforceable. Any amounts awarded pursuant to this Agreement shall be payable in U.S. dollars, free of any tax, offset or any other deduction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims presented to the tribunal. Judgment upon any arbitral award may be entered and enforced in any court of competent jurisdiction, in respect of any action for enforcement of an award by either party.