Terms of service

Terms of Service


Last Modified: October 30, 2024

 

Welcome to the GearFool.com Website or Mobile Application and thank you for reviewing our Terms of Service (also referred to as “TOS”). We hope that you will enjoy this Website or our Mobile Application. We, or any of our subsidiaries and affiliates (collectively “Gear Fool”, “we”, “us”, or “our”) make our Website and Mobile Application, GearFool, including all information, documents, Content (defined below), files, texts, graphics, Software (defined below), and audio/visual files (collectively, the “Service” or “Services”) available for your use subject to the Terms of Service as set forth below. The Terms of Service spell out what you can expect from us and what we expect from your. Our Privacy Policy is an integral part of this Terms of Service and is incorporated into this document by reference. You can find our Privacy Policy at https://gearfool.com/privacy.


PLEASE REVIEW THE TOS CAREFULLY. BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THE TOS.


These Terms of Service may be amended from time to time. You agree to check back periodically for new information and terms that govern your use of the Services. We reserve the right to modify the Terms of Service at any time. Revisions to terms affecting existing Services shall be effective five (5) days after they have been posted to our Website. Terms for new Services are effective immediately upon posting. Your continued use of the Website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the Website. If you breach any of the Terms of Service, your authorization to use this Website automatically terminates.


  1. GEAR FOOL ACCOUNT


  1. Account Responsibility


You may browse the Service without registering, but some features may not be accessible unless you register. When you register for a Gear Fool Account (“Account”), you represent that you are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Regristration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Your may modify your Registration Data by using the Edit My Profile. If you provide any information that is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account immediately and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under your Account.


  1. Secrecy Obligation


To create an Account, you will need to create an Account by providing us with your name and creating a unique password. For security reasons, your password must differ from your name and may be changed whenever you deem necessary. Passwords should not be sequences of consecutive numbers (i.e. “1234567”) or letters (i.e. “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be at least eight (8) characters long. Passwords should be kept secret and periodically changed (every two (2) months at the latest). We will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.


Once you have selected a password for your Account, it is your responsibility to keep the password secure and confidential. A password is required to access certain areas of the Website. In the event you are concerned that your password is no longer secure and confidential, you should immediately change your password using Edit My Profile. If you believe your Account has been compromised, please notify us by sending an email to service@GearFool.com, whereupon password may be selected and allocated and any future transactions under previous password may be voided, at our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Website where your Account and password have been used, and where you have not previously notified us as provided herein, will be treated as valid and you will be responsible for the same, including any expenses incurred; we will not issue any form of compensation. Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in a game, and in no event any person under the age of thirteen (13) years, to use or re-use your Account or your Identifiers in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities. If you believe your Account has been compromised, please notify us by sending an e-mail to service@GearFool.com, whereupon password may be selected and allocated and any future transactions under the previous password may be voided, at our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Website where your Account and password have been used, and where you have not previously notified us as provided herein, will be treated as valid and you will be responsible for the same, including any expenses incurred; wew ill not issue any form of compensation. Your privacy is important to us. Please read our Privacy Policy carefully for information relating to our collection and use of personal information. You can find our Privacy Policy at https://gearfool.com/privacy. If you do not agree to each and every part of our Privacy Policy, then you should not use our Service or this Website or submit any personally identifiable information through the Service. Questions regarding privacy issues should be directed to our e-mail at privacy@GearFool.com.


  1. CONTENT


  1. Content Defined and Responsibilities


“Content” within our Services may include software, technology, graphics, images, audio and video clips, data, music, text and other audio visual material, and the design and appearance of our Website is owned or licensed property of GearFool or its suppliers, licensors or users (see below) and is protected by copyright, trademark, or other proprietary rights. The collection, arrangement and assembly of all Content on the Website is the exclusive property of GearFool and protected by U.S. and international copyright laws.


In addition, Content may be provided by our third parties, including other users of Services. We do not prescreen all Content and do not endorse, approve, or prescreen any Content that you and other users may contribute to Services, and are not responsible for the accuracy or inaccuracy of the Content. As such, all information provided is provided “as is” without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL GEAR FOOL BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Services.


We reserve the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.


You are solely responsible for your Content and may be held liable for Content you post. We may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms of Service or if you engaged in commission or omission that is harmful or may be harmful to the Service, its users, Gear Fool or anyone. We may also terminate your access to the Service or prevent you from posting additional Content on the Service. YOU ARE PROHIBITED FROM POSTING OR SUBMITTING CONTENT WHILE DRIVING OR OPERATING A VEHICLE. The provisions of this clause are made in addition to any rights afforded to GearFool by law.


  1. Rights in Content


When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit GearFool to publish the Content and exploit all intellectual property rights in and to the Content. GearFool receives no ownership rights in and to the Content that you submit. However, by submitting Content to GearFool you hereby grant GearFool and the users of the Service than irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to GearFool in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at GearFool’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless GearFool provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize GearFool to be your agent).


  1. Examination of Content


GearFool may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. GearFool does not normally utilize its right to monitor Content and does so only in rare cases.


GearFool retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. GearFool retains sole discretion in determining which Content will be published, the duration of its publication, its location, and how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service.


Content submitted by users for publication does not reflect the view of GearFool. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.


  1. INTELLECTUAL PROPERTY RIGHTS


  1. Copyright Information


Content within the Services is owned and/or licensed by us and is protected by copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Service unless you are authorized to do so in writing by us. You may not sell, license, modify, publish, transmit, distribute, copy, publish, edit, adapt, create derivative works from, or in any other way make unauthorized use of or exploit any of our copyrighted works without first obtaining our written consent. You may not remove, obscure, view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. We reserve all rights in the Content that are not expressly granted to you in this Terms of Service.


Making unauthorized copies of Content found in Services may result in termination of your Account(s), prohibition on use of Services, and further legal action. Content owners may take criminal or civil action against you for your unauthorized use of intellectual property. You agree to indemnify and hold harmless us from any unauthorized or illegal conduct by you, or through the use of your Account, on Services.


  1. Trademarks


The GearFool, Gear Fool, GearFool.com and trademarks and the associated graphics, logos, iconography and service marks are the property of Built To Hunt Marketplace, LLC (collectively, the “Trademarks”). No license for the use of the Trademarks is granted to you under these Terms of Service or by your use of the Website. Unauthorized use of the Trademarks in any manner is strictly prohibited and may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.


  1. Rights of Publicity


You agree to our use of your name, likeness, statements, biographical information, and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.


  1. USER GENERATED CONTENT


The Website may permit you to voluntarily post content (“User-Generated Content”), including photographs, videos, comments, trip packages, hunting excursions/packages or other material. Posting such Content constitutes your consent to us of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, adit, distribute, publish, exhibit, digitize, broadcast, display, and prepare derivative works to the User-Generated Content, your name, your likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes, without any payment to or further authorization from you.


We respect the intellectual property rights of others. You must have the legal right to upload User-Generated Content to Services. You may not upload or post any User-Generated Content on Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User-Generated Content. You grant us a royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, and create derivative works in any Content you upload to Services and/or our Website. You waive any right to inspect or approve any material in which we may use your User-Generated Content and understand that we may crop, shape, or otherwise adjust any User-Generated Content. You represent and warrant that the User-Generated Content will not and does not violate the intellectual property rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content herein. You agree not to take any legal action against, and release and discharge GearFool and all of its related entities, directors, officers, employees, agents, and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein. You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such Content is published, we do not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose or allow them to be posted once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms of Service, our standards, and applicable laws; and whether they may be posted or removed. We may, without prior notice to you in our sole judgment, remove User-Generated Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of our or a third party intellectual property rights, we may terminate your Account without notice to you.


  1. RIGHTS AND USING THE SERVICE


  1. User Rights


To the extent that the Service provides access to any online software, applications or other similar components, then GearFool grants you a limited, non-exclusive, time-limited, non-transferable, non-sublicensable, revocable license to access and use (including the software) such components only in executable, machine-readable, object code form within the online platform provided by GearFool and only for your personal, non-commercial purposes subject to these Terms of Service.


  1. Feedback


If you elect to provide or make available to GearFool any suggestions, comments, ideas, improvements, or other feedback relating to the Service (“Feedback”), GearFool shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

  1. Internet Connection and Associated Charges


The Service requires an Internet connection. Any internet connection required to use the Service, including via Mobile Apps, and any associated charges, incurred by your use of the Service are your exclusive and sole responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Mobile Apps requires an online (e.g., WiFi, 3G, 4G or 5G) connection between you and your cellular device and the Internet. The expenses of such a connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.


Continued use of location services running in the background can dramatically decrease battery life.


  1. Using the Service


You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without prior written consent of GearFool. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.


You may not copy, print, save or otherwise use data from the Website or the Service’s databases. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.


When using the Service or the Website you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Website or the Service’s database for any purpose without the expressed prior written permission of GearFool. The Software may not be used in any way that is not expressly permitted by these Terms of Service.


  1. Export Control


You represent and warrant that; (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


  1. Links and Commercial Information in the Software


The Service may include commercial information or advertisements (for example, pins indicating locations of certain establishments, their commercial offers, coupons, etc. (“Ads”)). The Ads may pop up or be displayed on the Service maps from time to time. GearFool may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, GearFool cannot and does not guarantee the reliability or accuracy of third party Ads. GearFool will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.


Insofar as the Software includes links to services or applications not operated or managed by GearFool, GearFool will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness, or it being up-to-date. GearFool will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links in the Software.


YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE DRIVING OR OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.


  1. Compatibility


GearFool does not warrant the Service will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. You further acknowledge that compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, loss of data located on your mobile device, and/or corruption of the software and files located on your mobile device. You acknowledge and agree that GearFool has no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.


  1. Mobile Messaging Service


By consenting to GearFool’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, et c.), and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of GearFool via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.


You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GearFool. Your participation in this program is completely voluntary. 


We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.


You may opt-out of the Service at any time. Text the single keyword command STOP to (XXX) XXX-XXXX. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GearFool mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (XXX) XXX-XXXX or email service@gearfool.com.


We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.


To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect you right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.


  1. TERMS OF SALE FOR TRANSACTIONS


If you wish to purchase any Product or Service made available through the Website (each such purchase, a “Transaction”), it will be subject to terms of sale as set forth herein and as also set forth on the Website during the check-out procedures. GearFool offers for sale Products and Services through its Website.


The following terms of sale concern only those transactions regarding the purchase of Products via the Website. 


By placing a Transaction, you are offering to purchase a Product via the Website, you understand and agree that all orders are subject to availability and confirmation of the order price.


All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. GearFool reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


GearFool or our agents may call or text by telephone regarding your Account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or similar device. You agree that we may, for training purposes or to elevate the quality of our service, listen to and record phone conversations you have with us.


In order to complete a purchase with GearFool for a Product or Service, you must be over 18 years of age.


  1. Our Contract


When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail will only be an acknowledgment and will not constitute acceptance of your order. A sales transaction between us will not be completed until we send you confirmation by e-mail that the goods which you ordered have been fulfilled. Only those goods listed in the confirmation e-mail sent at the time of order placement will be included in the completed sales transaction.


  1. Pricing and Availability


We try to ensure that all details, descriptions and prices which appear on the Website are accurate although errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Fulfillment times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.


  1. Payment


You may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to GearFool the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement of completion of any Transaction.


Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to complete the sales transaction. Your card will be debited upon authorization being received. The funds received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been fulfilled and you have been sent a confirmation e-mail, the funds paid as a deposit shall be used as consideration for the value of the goods you have purchased as listed in the confirmation email. If your order is accepted, we will inform you by e-mail. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.


  1. Delivery and Shipping


In the event you order tangible products from the Website that require delivery (“Products”), we will deliver the Products within a reasonable time after receiving your purchase order, subject to their availability. The delivery date provided by us for the Products is only an estimate and is based upon prompt receipt of all necessary information from you. If you cause us to delay shipment or completion of the Products, we will be entitled to charge you any and all extra costs and expenses resulting from the delay. We will not be liable for any delays, loss, or damage in transit, and failure to deliver within the time estimated will not be a material breach of contract on your part. Unless otherwise agreed in writing by the parties, we will deliver the Products ordered by you at the location specified by you (the “Delivery Location”), using our standard methods for packaging and shipping. The quantity of any installment of the Products, as recorded by us on the dispatch from Seller’s place of business, is conclusive evidence of the quantity received by Buyer upon delivery, unless Buyer provides conclusive evidence to the contrary. Seller will not be liable for any non-delivery of the Products to the Delivery Location.


Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.

 

      1. Competitor Price Match

 

If a competitor has an identical item available online at a lower final price (after any tax and shipping costs), we will match it. To request a price match, please contact our customer service team at info@gearfool.com or by calling 435-263-0207.

  • The item must be in stock and the price must be publicly advertised, available to all users.

  • The item must be sold by an authorized, U.S.-based retailer. Auction or marketplace sites are excluded.

  • The item must be the same color, size, model year and condition.

If you find an item that meets these conditions, contact us prior to placing your order and we will adjust the price.

If you find an item that meets these conditions after you have already placed an order, contact us within 7 days of placing your order and we will match it.

All competitor pricing must be verifiable online and final approval of price matching is made at the discretion of Gear Fool staff.

 

      1. Sale Item Price Match

 

If we list an item on sale less than 30 days after you purchased it at full price, contact our customer service team at info@gearfool.com or 435-263-0207 and we will credit you the difference in the form of WayPOINTS (store credit).

This offer only applies to purchases made within the last 30 days, and only if we have the same size and color of the item that you originally purchased in stock at the time of your request.


  1. PAID SERVICES


FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY TAXES ASSOCIATED THEREWITH.


We reserve the right to change our fees or billing methods at any time.


You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Service. When you provide credit card or other payment information to us or our third party provider, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. We reserve the right to utilize third party credit card updating services and identity verification services to obtain current expiration dates on credit cards provided by you to us and verify that information you have provided is true and accurate.


As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by your or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.


  1. TERMINATION OF SERVICES AND ACCOUNTS


We may terminate any Service at any time.


We may also terminate your Account(s) (and access to all related entitlements) for any reason, including, but not limited to, for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of our Services, products, or Intellectual Property and without prior notice to you. If you have more than one Account, we may terminate all of your Accounts and all related entitlements. We may issue you a warning, or we may immediately terminate any and all Accounts that you have established. You acknowledge that we are not required to provide you notice before terminating your Account(s). If we terminate your Account(s), you may not participate in a Service again without our expressed permission. We reserve the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account(s).


If your Account, or a particular subscription for a Service associated with your Account, is terminated, no refund will be granted; no online time or other credits, virtual currency, virtual prizes, or money will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to you Account or entitlements associated with your Account or the particular Service (such as points, credits or other digital items). The Account and anything within the Account will belong solely to us and will be forfeited by you.


  1. RULES OF CONDUCT


You will violate the Terms of Service if you:


  • Upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of other’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes on any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
  • Harass, threaten, embarrass, or do anything else to another member that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
  • Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable, which includes Account names. Hate speech will not be tolerated.
  • Impersonate another person (including celebrities), indicate falsely that you are a GearFool employee or a representative of the company, or attempt to mislead users by indicating that you represent the company or any of its partners or affiliates.
  • Attempt to get a password, account information, or other private information from anyone else on Services.
  • Upload any software or Content that you do not own or have permission to freely distribute.
  • Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
  • Upload files that contain viruses or corrupted data.
  • Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. Improperly use support or complaint buttons or make false reports to our staff.
  • Modify any part of the Service that we do not specifically authorize you to modify.
  • Post or communicate any person and/or member’s real-world personal information using a Service.
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Service.
  • Interfere with the ability of others to enjoy the Service or take actions that interfere with or materially increase the cost to provide a Service for the enjoyment of all our users and/or members.
  • Take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure.
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • Use spiders, crawlers, robots, scrapers, denial of service (DOS/DDOS attacks), automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service.


Further, prohibited uses of the Website include that you shall not post, transmit, redistribute upload, or promote any communications, Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from enjoying the Website and/or related services and products.


Specific Services may also post additional rules that apply to your conduct on those services. It is your responsibility to review and abide by any applicable rules. We reserve the right to terminate your Account and to prevent your use of any and all Services if your Account is used to engage in illegal activity or to violate these Terms of Service.


  1. DISCLAIMER; LIMITATIONS ON WARRANTY; LIABILITY; RISK OF LOSS


You expressly agree that use of the Website and Service is at your sole risk. Neither GearFool nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software) and/or third party who provides products or services purchased from or distributed by GearFool (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. GearFool makes no warranty as to the results that may be obtained from the use of the Website, including whether you will be able to harvest an animal, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, GearFool shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized GearFool spokesperson. Advertisers, content providers, other users, guests, independent writers and experts are not authorized GearFool spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, other users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.


  1. Disclaimer of Warranties


YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND THE SOFTWARE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GEARFOOL AND OUR AFFILIATES (DEFINED BELOW) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.


GEARFOOL AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, GEARFOOL DOES NOT WARRANT THAT THE CONTENT AND/OR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT YOU WILL HARVEST AN ANIMAL; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.


  1. Limitation of Liability


GEARFOOL DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GEARFOOL. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT T HE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEARFOOL NOR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “GEARFOOL AFFILIATES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF OR INABILITY TO USE THIS WEBSITE, THE SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).


THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.


SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THAT DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).


SOMES STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


If you are dissatisfied with any portion of the Services and/or Website, your sole and exclusive remedy is to discontinue your use of the Services and this Website.


  1. INDEMNIFICATION


You agree to defend, indemnify and hold harmless GearFool and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Services. Without limiting the generality of the foregoing, you agree to indemnify and hold us harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Services and for all of your communication and activity on Services, including any Content you contribute, and that you will indemnify and hold harmless GearFool, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Services, including any Content you contribute.


GearFool reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indeminification to GearFool in that matter. This Section shall survive termination of this Terms of Service.


  1. LINKS TO THIRD-PARTY SITES


Services may include hyperlinks to website operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. You agree that GearFool does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. We encourage you to examine the privacy policies and/or terms of use of any third party website. GearFool is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any such website. The links and interactive functionality for third-party sites on the Website do not constitute an endorsement or guarantee by GearFool of such third-party sites. Other sites may link to the Website with or without our authorization, and we may block any links to or from our Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.


  1. GENERAL TERMS


  1. Remedies


You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.


  1. Severability


If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.


  1. ENTIRE AGREEMENT


The Terms of Service (including the Privacy Policy) and any posted rules or instructions regarding a particular game, activity, contest, or promotion constitute the entire agreement between you and us relating to your rights and obligations in the uses of Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a Service, we shall resolve the conflict at our sole discretion.


We may at any time update, modify or otherwise revise these Terms of Service by updating this posting. You should visit this page from time to time to review these Terms of Service to learn and understand any chances because they are binding on you. Your use of this Website following any such revisions or modifications constitutes your agreement to follow and be bound by the terms as revised/modified.


You are reminded to print a copy of these Terms of Service in order to avoid misunderstandings at a later time.


THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.


These Terms of Service may be changed at any time, without prior notice and solely at the complete discretion of GearFool and GearFool.com.


Date of last modification: May 29, 2024


  1.  CONTACT


If you have questions, concerns or suggestions regarding the Service, your Account or the TOS, please contact us at: service@gearfool.com.


Gear Fool WayPOINTS Rewards Program 

TERMS AND CONDITIONS

Welcome to the Gear Fool WayPOINTS Rewards Loyalty Program (the “Program”) offered by Built To Hunt Marketplace, LLC ("Gear Fool"). We’re glad you’re here, and we hope you enjoy everything the Program offers. By participating in the Program, you agree to these Terms, our website Terms of Use, and our Privacy Policy. Please read them carefully. 

  • WHO IS ELIGIBLE

The Program is open to individuals who are residents of the United States and are at least eighteen (18) years old. We reserve the right to request proof of eligibility at any time. Individuals may only have one Membership to the Program. Gear Fool and Huntin' Fool employees are not eligible to join the Full Curl Rewards Program. By signing up for the Program, you agree that you are over the age of 18 and agree to be bound by these terms and conditions. 

  • HOW TO REGISTER

To register, visit https://www.gearfool.com/pages/rewards, and follow the instructions to create a Program account (your “Account”). There is a limit of one (1) Account per person and Accounts cannot be shared or transferred. To register, provide your first name, last name, and email address, and opt-in to receive marketing emails from Gear Fool. You are responsible for maintaining the security of your Account, and you are responsible for all activities that occur under your Account. If you believe your Account has been compromised at any time, you must notify us immediately by sending an email to info@gearfool.com. Learn more about account privacy and information security through our Privacy Policy.

  • HOW TO EARN POINTS

Members of the Program can earn reward points on qualifying merchandise on GearFool.com. For every one dollar ($1) spent on qualifying merchandise by the member earns one (1) point towards their rewards. Depending on the tier of the member they qualify for they can earn a variable amount of points per dollar spent. The "Silver" level tier member earns one point for every one dollar ($1) spent, the “Gold” level tier member earns 1.1 points for every one dollar ($1) spent, and the "Platinum” level tier member earns 1.25 points for every one dollar ($1) spent. Members do not earn points for merchandise on sale, on gift cards, for purchases made with Reward points and merchandise from the following brands which are subject to change: Swarovski and other brands that choose not to participate in the WayPOINTS Rewards Program. Members can also earn points in the Program through creating a Rewards account and following Gear Fool on social media. Points will normally be added to your Account within 1 day of the day you earned them. You are responsible for ensuring that the Point balance in your Account is correct. If you believe that you did not receive Points or that there is some other error in your Account, you must contact us by email at info@gearfool.com within 10 days of the date you expected to earn the Points. We will investigate any issues, but Gear Fool good faith determination of the amount of Points you should have shall be final and binding.

  • HOW TO REDEEM POINTS

Points will be automatically deducted from the Points balance on your Account within one day of redemption. Redemptions of Points are final, so once you redeem Points, the transaction cannot be reversed and you cannot get a refund of your Points. To redeem, a member must be a registered user of the website and have their Gear Fool account linked with the WayPOINTS Rewards program. Points can only be redeemed in 100 point increments. For example, when the member reaches 100 points, they earn a $10 off coupon toward qualifying merchandise for GearFool.com. 

  • EXPIRATION OF POINTS

All unredeemed Points will automatically expire 365 days after points are earned by the member.

  • MODIFICATIONS AND TERMINATION

We reserve the right to modify any of the terms and conditions governing the Program at any time –including, but not limited to, the ways to earn Points, the number of Points you can earn, the rules for redeeming Points, the Rewards Items for which you can redeem Points and the corresponding Point values, and the expiration of Points – with or without notice, even though these changes may affect your ability to receive earn or redeem Points. Unless we tell you otherwise, modifications are effective immediately upon posting of the updated Terms. We also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason. If we do terminate the Program, we will notify you by email. Your continued participation in the Program constitutes your acceptance of any changes we make to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Terms. The most current version of the Terms will be available on gearfool.com/terms-conditions and will supersede all previous versions of the Terms.If you don’t agree to any change we make, or at any point you decide that you no longer want to participate in the program, you can terminate your Account following the instructions in Section 7. Please note that if we do that, you will not be able to use any of the Points or other benefits you have accumulated.

  • HOW TO OPT OUT

If you no longer wish to participate in the Program, email us at info@gearfool.com. If you opt-out, you will lose all of the Points in your Account. 

  • GENERAL TERMS

If we suspect that you have failed to comply with these Terms, no longer meet the eligibility requirements, engaged in fraudulent or inappropriate activity, or otherwise attempted to manipulate or unfairly benefit from the Program, as we determine, in our sole discretion, we reserve the right to terminate your Account, prohibit you from participating in the Program, and take appropriate legal action. If we terminate your Account, you will not be able to use any of the Points or other benefits you have accumulated.  By participating in the Program, you agree to release and hold Built To Hunt Marketplace, LLC, its parent, subsidiary, and affiliate entities, and their respective officers, directors, employees, and agents, and their service providers and contractors harmless from and against any claim or cause of action arising out of participation in the Program, including, but not limited to any technical errors that may prevent you from participating in the Program, earning Points, or redeeming Points.  By participating in the Program, you agree to receive messages about the Program. If we need to communicate with you about the Program, we’ll send a message to the email address associated with your Account. If your email address changes after you register for the Program, you are responsible for promptly updating your Account.Points have no cash value, are issued for promotional purposes only, are non-transferable, cannot be bartered, exchanged, or redeemed for cash, do not constitute your property, may not be combined with Points in other Accounts, and may not be transferred or assigned to any other person, entity, trust, or estate.

  • DISPUTE RESOLUTION

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. For purposes of this Section (Dispute Resolution), “Built To Hunt Marketplace, LLC” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CAMOFIRE WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.If you and Built To Hunt Marketplace, LLC have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and Built To Hunt Marketplace, LLC agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified Notice to Built To Hunt Marketplace, LLC that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable Built To Hunt Marketplace, LLC to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: info@gearfool.com or by mail to: PO Box 250 Cedar City, UT 84721. You must personally sign the Notice. If requested by Built To Hunt Marketplace, LLC, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Built To Hunt Marketplace, LLC may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If you commence an arbitration without providing Notice and completing the informal dispute resolution process, you will be responsible for any filing fees or other costs incurred in connection with such arbitration. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.  A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and Built To Hunt Marketplace, LLC will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Built To Hunt Marketplace, LLC, your access or use of your Account, the Program, our Site or any products or services offered by or purchased from Built To Hunt Marketplace, LLC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH BUILT TO HUNT MARKETPLACE, LLC IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: PO Box 250 Cedar City, UT 84721, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Camofire will pay all fees and costs that we are required by law to pay. AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Built To Hunt Marketplace, LLC by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Built To Hunt Marketplace, LLC shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Built To Hunt Marketplace, LLC. Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if Built To Hunt Marketplace, LLC makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

  • APPLICABLE LAW AND VENUE

The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on our Site, through the Program or your Account), shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Utah, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Program or your Account, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah. Any action relating to the use of the Site or any transaction with Built To Hunt Marketplace, LLC must be brought in the state or federal courts located in Salt Lake City, Utah, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

  • QUESTIONS?

If you have any questions about the Program, please check our FAQ, and you may find an answer there. Otherwise, you can contact us via email at info@gearfool.com