TERMS AND CONDITIONS
The following terms and conditions (the "Agreement" or “Terms”) form a binding agreement between GEARHOG, DBA., also referred to as “GEARHOG,” “gearhog.com”, “Company”, “we,” “us”, “our” which owns and operates the Site and all related Services found at www.GEARHOG.com (“the Website) And USER also referred to a “you” referring to the person accessing or using the Website or our Services, or the company or organization on whose behalf that person accesses the Website or our Services. By using or visiting the Site, User expressly agrees to be bound by the Terms and to follow these Terms and all applicable laws and regulations governing the Website.
Accuracy of User information
In order to use certain Services on the Site, you may be required to provide personal information (such as identification or contact information), as part of the registration process, or as part of your continued use of the Services. You agree that any registration information you give to GEARHOG will be accurate, correct and up to date.
Conditions of Participation
As a condition of participation, GEARHOG requires The User’s permission to send administrative and promotional e-mails. Upon registration, The User consents to receiving these and other forms of electronic correspondence about account activity and purchases, as well as Website updates and promotional offers. The User may opt-out at anytime by clicking the unsubscribe link on any electronic correspondence.
By posting communications on or through this Website, User shall be deemed to have granted to the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
User passwords and account security
User agrees and understands that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately at Support@GEARHOG.COM
Offer purchase and certificate redemption
GEARHOG provides Users with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional product or service (a "Deal"). By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order and subject to certain conditions such as a minimum threshold of the number of Deals purchased, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. Access to a Voucher (which you can download / print) to redeem the Deal will also be sent to you.
Terms and Conditions of Deal
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
1.There is no cash redemption value for any Voucher or any part of a Voucher, except where required by Law
2.Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher
3.Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable
4.Neither GEARHOG nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers
5.Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher
6.User understands and agrees that the Website can be accessed from countries around the world but that some or all products or services provided on the Website may not be available for purchase to persons residing in certain jurisdictions or geographic areas
7.Redemption of a Voucher for alcoholic beverages is at the sole discretion of the Merchant and may be limited by applicable state and local laws
8.GEARHOG does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
GEARHOG acts exclusively as an agent for the sale of Vouchers on behalf of the Merchant. As the issuer of the Voucher, Merchant shall be fully responsible for satisfactory delivery of any and all goods and / or services redeemable with the Voucher and complying with the conditions of the Deal. Any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement.
GEARHOG will provide a refund of the purchase price paid by you for any Deal only on a case by case basis. We will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher").
The expiration date for a Voucher is as printed on the Voucher. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire to when the applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then GEARHOG will refund the paid portion of your Voucher in the form of a credit for future Deals.
In certain cases merchants may have shipping restrictions and may not ship to areas outside the USA and other areas or states as specified and/or prohibited by federal, state, or local law. If the user attempts to have products shipped to these restricted areas, the order will be cancelled and will be subject to paying a cancellation fee as described by each merchants terms and conditions.
GEARHOG will generally communicate with you by electronic means, such as e-mail. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Lawful use of Website
User shall not use this site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior approval from the Company, (v) that inhibits other users from using or enjoying the Site.
All Content and software on the Site is the property of the Company, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, designs and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have receive specific permission to do so in a separate agreement from the Company or by the owners of the Content. Unauthorized use of any content displayed by the Company is a violation of United States and international copyright laws.
Disclaimers and Limitation of Liability
The Company makes no representations or warranties of any kind, expressed or implied, as to the operation of the Website or to the content, information, products, or services featured on the Website. We provide this Site on an "as is" and "as available" basis. User agrees to use this Site at User’s own risk. User expressly understands and agrees that the Company, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing the Company content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability. To the full extent permissible by applicable law, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that this site, servers, or emails sent from the Website are free of harmful components, such as viruses.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Changes to the Terms of Service
The Company has the right to modify or discontinue any feature or aspect of the Site at any time. The Company also has the right to change the Terms governing any User’s use of this Site at any time. The change in the Terms will be effective immediately upon posting the changes to this Terms page or elsewhere on the Site. Any use subsequent to these changes shall be deemed to constitute acceptance by the User of such modifications, additions, or deletions.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The laws of the State of California USA shall govern this Agreement for all purposes without reference to its conflict of laws provisions. The federal and state courts located in the City of California City, California USA shall have exclusive jurisdiction with regard to all disputes in connection herewith.