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GearTrade.com BBB Business Review


GEARTRADE PRIVACY POLICY


This Privacy Policy ("Privacy Policy") is designed to help you understand how GearTrade Inc, including GearTrade.com, ( "GearTrade", "we" “website” or "us" ) collects and processes the information that you share when you use this and any of our websites (together, the "Site" or “website”) and our mobile application (the "App," and together with the Site, the "Service").

Before submitting information to the Service, please review this Privacy Policy carefully. By using or accessing the Service, you accept the practices described in this Privacy Policy. If you prefer that we not collect and process information about you, please do not provide it to us and do not access the Service. We do not knowingly collect any Personal Information from children under 13 without prior verifiable parental consent. If GearTrade learns that a child under the age of 13 has submitted Personal Information (defined below) online without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us at gearheads@geartrade.com

We collect the following information, including:

  • "Personal Information" is information that can personally identify you, such as your name, address, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of certain features of the Service.
  • Information We Collect Automatically: When you visit the Service, we may automatically collect identifier and other technical information, such as your browser information, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Service (“Online Information”).


Registering for the Service

If you register to use the Service, we collect Personal Information including your name, physical address, email address, and telephone number.

If you register for the Service by connecting through another service (such as a social media site or email account), you are authorizing us to use public information from that connected account to help complete your GearTrade profile. Please remember that the manner in which the service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that service, including its privacy and data gathering practices. GearTrade shall have no liability or responsibility for the privacy practices or other actions of any third-party service provider or any other third-party site or service that may be enabled within the Service.

You may review, update, or modify your account information, including profile and contact information, at any time by logging into your GearTrade account. You may permanently delete your GearTrad.com account by contacting us at gearheads@geartrade.com

We may use your IP address to help diagnose problems and provide a better web experience for you. Your IP address is used to help identify you and your shopping cart and gather Online Information. We may use web beacons and cookies to personalize your experience of the Service and to generate information about Service traffic and trends. Web beacons collect Online Information, such as the type of browser that you use and your IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link Online Information to other Personal Information that you have provided to us. We also use cookies to keep track of your shopping cart and for other purposes like personalizing the Service. A cookie is a small file stored by your internet browser on your computer. A "session cookie" stores temporary information that is erased when you close your web browser or turn off your computer. Your web browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the Service will not be able to recognize your account or to personalize the content that you can see. We do not and cannot use cookies to gather other information that may be stored on your hard drive.

Third-party advertising management partners may help us display tailored content to our customers’ interests and serve interest-based advertising on our behalf. GearTrade and our advertising management partners may use cookies, web beacons and other tools to collect Online Information about your activities on the Service, to deliver advertising on the Service or elsewhere on the Internet based upon your interests that may be more relevant to you and to measure effectiveness of our marketing efforts and the Service. In particular, GearTrade uses Google Analytics to monitor activity on the Site and assist with advertising. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.

Third Party Features
The Service also may include an activity feed, social media buttons and widgets, such as the Facebook "Like" button or the "Share This" button. These features may collect and display your Personal Information, your IP address and the page you are visiting on the Service and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on the Service and your interactions with them are governed by the privacy policy of the third party that provides the feature.

Third-Party Links
We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.

How Personal Information is Used, Processed and Disclosed
Except as specified in this Privacy Policy, GearTrade does not rent, sell, trade or disclose your Personal Information to third parties without your prior consent. GearTrade may, however, use, process and disclose Personal Information to:

  • send information to customers about orders;
  • fulfill your orders;
  • process and collect your payments;
  • send you promotional marketing material about GearTrade;
  • customize, analyze, adjust and improve the Service to better meet your needs;
  • execute a contest or other promotions;
  • enforce GearTrade’s agreements with you;
  • provide you with important administrative information regarding the Service, such as changes to this Privacy Policy and our Terms of Use, and other policies;
  • prevent fraud and other prohibited or illegal activities; and
  • comply with potential requests of law enforcement or data protection agencies.

When possible, Online Information may be combined and/or linked to other Personal Information that you provided to us, in accordance with the purposes specified above.

We may use your deidentified Personal Information and Online Information to prepare anonymized, aggregated data about our users ("Anonymized Data"). We may provide third parties with Anonymized Data in describing the Service to prospective partners, advertisers and other third parties, and for all other lawful purposes. As communicated to third parties, the Anonymized Data does not include any information permitting the recipient to identify, locate or contact you.

Acquisition of GearTrade
In the event that a division or part or all of GearTrade (or the assets of a GearTrade entity) is bought, sold or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets.

Modifying and/or Deleting Your Personal Information If you would like to modify or delete your Personal Information, please contact us at gearheads@geartrade.com with clear instructions on what you would like to be modified or deleted. We will respond to your request promptly.

Changing Your Email Subscription Preferences
If you are a registered user, you may change your preferences to receive or not to receive email or other communications from us by logging in to your account and indicating those email preferences on the "My Account" section of our Service.

You may also instruct GearTrade to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email. GearTrade may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law, including providing updates to our Privacy Policy, Disclaimer and/or our Terms of Use. Please note that if you use more than one name or e-mail address when communicating with GearTrade or using the Service, you may continue to receive communications from GearTrade to any name and/or email address not specified in your opt-out request.

GearTrade will send you messages. The default required form of communication is email. However, we may choose to offer additional ways to reach you, such as through text messaging (SMS) or physical mail. By using GearTrade’s site, you hereby agree that you have provided prior express written consent to receive messages, whether email or SMS, and acknowledge that you have an established business relationship (EBR) with GearTrade. You may opt out of these messages by contacting us at gearheads@geartrade.com

Some messages from GearTrade are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with GearTrade’s support team. These messages are not promotional in nature.

Your California Privacy Rights
This privacy policy describes how we may share your information, including for marketing purposes. California residents are entitled to request and obtain from GearTrade once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us at gearheads@geartrade.com

Right to Removal of Posted Information--California Minors
If you are under 18 years of age, reside in California, and have a registered account with GearTrade, you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact us at gearheads@geartrade.com. Upon receiving such a request, GearTrade will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.

Visitors from Outside of the United States
The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Information Security
We use reasonable security measures designed to protect information about you from loss, misuse and unauthorized access, disclosure, alteration and destruction.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like questions and answers, offers, and message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Sites, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select "Properties".) These secure SSL-encrypted pages have URLs that start with "https://" instead of "http://".

Please understand, however, that it is possible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.

If you have any questions about security of the Site, please contact us at gearheads@geartrade.com

Changes to our Privacy Policy
We may occasionally update this Privacy Policy to reflect changes in our practices. The modified Privacy Policy will be effective immediately upon posting on the Service. Your continued use of the Service after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. If we make any material change, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Service.

Questions About our Privacy Policy
If you have questions about this Privacy Policy please contact us at gearheads@geartrade.com



GEARTRADE DISCLAIMER


Disclaimer of Warranty and Liability
There are no warranties or representatives of any kind associated with your use of this website or any products or other merchandise listed or referred to in the website. 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 website 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 website is complete or error-free, or that the most up-to-date information is necessarily included in the website. 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 website.

Exclusion of Punitive and Consequential Damages
With respect to any and all claims arising as a result of your use of this website or otherwise in any way related to the website, 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 WEBSITE, OR IN ANY WAY RELATING TO THE WEBSITE 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 website).

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) 2019, GearTrade, Inc. 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, Inc. 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, 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.

Dispute Resolution
Any disputes, controversies, or claims arising between you and the Company that arise out of or relating to your use of this website, 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 Salt Lake City, 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.

Except to the extent provided above regarding the operation of the Federal Arbitration Act, your use of this website, and any interpretation of the terms of use and any legal issues related thereto will be governed by, and construed and interpreted according to, the substantive laws of the State of Utah.

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