Terms of Service

These Terms of Service (“Terms” or “Agreement”) are included as part of the agreement pursuant to which you (“Client,” “You”, “Your”) purchase or use Services from OrderMyGear LLC and/or our Affiliates (collectively, “We”, “Us”, “Our” or “Provider”). The parties to this Agreement may be referred to as a “Party” or collectively as “Parties.”

For the purposes of these Terms, the term “Affiliate” means any company that controls, is controlled by, or is under common control with OrderMyGear LLC.

These Terms are effective when You electronically agree to them or agree to another agreement that incorporates them by reference. 

1. Services. This Agreement applies to all of the services that we provide to you (collectively, the “Services”) including our software that we provide to you as part of the Services (the “Software”). 

2. Payment. You agree to pay all amounts due for Services that You order according to the terms posted online on our website or otherwise communicated to You in writing. The fees charged by Provider shall be deemed to have been earned on the date payment is due and shall be non-refundable. We reserve the right to change our prices and fees at any time, and such changes will be posted online on the website or otherwise communicated to you and shall be effective immediately upon no further notice to you.

3. You hereby warrant and agree that: 

• You are 18 years of age or older or the parent or guardian of a minor at least 16 years of age who you are authorizing to use our Services;
• You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
• If You are accepting on behalf of Your employer or another entity, You  represent and warrant that (i) You have full legal authority to bind Your employer or such legal entity to these Terms, (ii) You have read and understand these Terms and (iii) You agree, on behalf of Your employer or other entity, to these Terms;
• You will provide only true, accurate, complete and current information to us;
• You are not a resident of the European Economic Area (EEA);
• You will abide by these Terms; and
• You have established practices and policies to comply with the privacy and data security laws in each jurisdiction where your customers reside.

You further agree not to use our Services for any of these things:

• To breach any contract or legal duty you have toward anyone.
• To infringe or violate the trademarks, copyrights, or other intellectual property rights of Provider or any third-party.
• To offer any products or services that are illegal under any applicable laws or that violate any of our policies. 
• To spam people or send them any other junk mail.
• To bypass any measures we’ve put in place to secure our Services.
• To use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of our Services.
• To falsely state or imply that we sponsor, endorse, or are otherwise affiliated with you or your content.
• To use our Services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the U.S., but illegal to export, or to sell products to end customers with whom U.S. citizens may not do business.
• To violate or infringe anyone’s privacy rights.
• To use, modify, collect, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of our content, in whole or in part, for any purpose.
• To frame or use framing techniques to enclose our website or Services or any part thereof.

We may immediately remove materials that violate the prohibitions above, stop your use of the Services, and/or remove or disable your account, among other things. We may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing us to disclose any information.

4. Your Credentials. You may have credentials that permit you to access the Services, including a user name, password, and an API Token. You agree to use reasonable measures to safeguard these credentials and not to share them with any third-parties. OMG may delete any API Tokens that are shared with third-parties without its express authorization. 

5. Minors. Our Services are not intended for use by minors under the age of 16. If you are under 16 years of age, you are not authorized to use the Services. If you are older than 16 but younger than 18, you must have the permission of a parent or guardian in order to use our Services. 

6. Intellectual Property.

(a) Our websites and our Services shall remain our sole and exclusive property. Provider shall own all right, title and interest to any intellectual property created, in whole or in part, by Provider in connection with this Agreement. We own (or license the right to use) all trademarks, logos, service marks and trade names (collectively referred to as “ Trademarks”). In some instances, our trademarks may automatically appear on products that you may create using our Services (e.g., on an online store, website, or presentation). However, to make any other use of our Trademarks, you must have our written permission. You agree not to remove, alter,  obscure, or modify any proprietary notices or our Trademarks provided on our websites or provided to you in connection with the Services. 

(b)   You agree and represent that You own or have obtained the appropriate right or license in the materials you provide to Us, including any copyrights, patents, and marks embodied therein (the “Content”), and hereby grants to Us, a fully paid up, royalty free, perpetual, unlimited, sub-licensable, worldwide license in and to any Content in order to operate, promote, and provide the Services. Any royalties or licensing required for use of the Content are your responsibility and You agree to pay any necessary royalties or licensing fees relating to the Content. You irrevocably waive any and all moral rights you may have in the Content in Our favor and agree that this waiver may be invoked by anyone who obtains rights in the Content through Our Services, including anyone to whom We may transfer or grant (including by way of license or sublicense) any rights in the Content.

7. Unless otherwise provided in writing, We have the following rights:

• To decline to offer you our Services for any reason or no reason, in our sole discretion.
• To suspend, limit access to, limit the use of, or terminate the Services or any user or account, in our sole discretion.
• To reject, cancel, interrupt, remove, or suspend our Services at any time and for any reason.
• To change or alter our websites or Services.
• To change or alter the prices we charge for our Services.
• To review, modify, filter, disable, delete and remove any and all content and information from our Services or from products that you create using our Services.
• To update and download automatically our Services.
• To cooperate, in accordance with applicable law, with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose content or information that you provide.
• To terminate, change, upgrade, suspend, limit, or discontinue any aspect of the Services, including, for example, content, features, hours of availability or equipment required for access.

You agree that the foregoing are rights of, but not obligations of, Provider and that Provider may, but is not obligated to, exercise any of these rights. 

8. Third-Party Providers.

(a) We may suggest or incorporate  services provided by third parties into our Services. For example, we may connect you with shipping, payment, or fulfillment services or use or connect you with a third-party subcontractor to perform a service for you, either directly or on our behalf, such as to build your website or create an online store using our Services. The foregoing goods and services are provided by “Third-Party Providers“. YOU AGREE THAT WE HAVE NO CONTROL OVER THE GOODS OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS AND HEREBY WAIVE, RELEASE, AND DISCHARGE US FROM ANY CLAIMS, DAMAGES, AND LIABILITY RELATED TO OR ARISING FROM THIRD-PARTY PROVIDERS.

(b) If You use a service from a Third-Party Provider, You grant Us permission to allow the applicable Third-Party Provider to access Your data and, if applicable, Your Customers’ data and to take any other actions as required for the coordination of the Third-Party Provider’s services with Our Services. Any exchange of data or other interaction between You and the Third-Party Provider is solely between You and the Third-Party Provider. We are not responsible for any disclosure, modification or deletion of Your data or Your content, or for any corresponding losses or damages You may suffer, as a result of access to or use of Your data or Your content by a Third-Party Provider.

9. Customer Terms.

• Our Services may be used by companies to create their own products that are powered by our Software, such as online stores, websites, and presentations that can be used to market to customers, which shall have the same definition as in our Privacy Policy at https://ordermygear.com/privacy/. (“Customers”). If you are a Customer, you agree that the agreement to purchase an item is with the seller and not with us as the Software Provider.
• Customers agree they may be charged as soon as they place an order, even though their order may be delivered weeks or months after the fact. 
• Customer questions about an order should be directed to the seller, and not to us as the Software Provider. Contact information for the seller is available on the web page for the Store, Website, and/or Presentation where the order was placed. The seller can answer questions, make changes, or issue credits or refunds for your order.
• We make no representations or warranties to Customers in connection with any order.

10. Indemnification.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Provider, its affiliates, officers, members, owners, directors, managers, employees, agents, and representatives (collectively referred to as “Related Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (a) your use of the Services, (b) your submission, posting, transmittal, transfer (whether intentional or unintentional), display, storage, distribution, removal, or any other use of any personal information pertaining to yourself or another, (c) your alleged violation of the Terms of Service, (d) your alleged violation of any law or regulation, including, without limitation, any anti-spam laws of any applicable jurisdiction, (e) your alleged violation of any intellectual property right, including, without limitation, copyright, patent, trademark or trade secret, (f) any claim that your information or any other content by you caused damage to a third party, (g) your alleged misuse of customer information, (h) your alleged failure to secure customer information in accordance with applicable law and any other action you take in violation of privacy and data security laws applicable to the situation, (i) your use of third party services or your relationship with a third party provider, (j) your failure to safeguard your credentials to sharing credentials without authorization, (k) actions of additional users that are created under Your primary account or (k) your alleged failure to collect, remit, and/or report the appropriate amount of sales or use tax (including any penalties and interest) to any state or local government. This indemnification obligation will survive the Terms of Service and your use of our Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defense of such claim. 

11. We Disclaim Any Warranties. Your Use Of Our Services And Our Content Is At Your Own Risk.

You agree to assume all responsibility and risk for your use of our website, our Services, and our content. To the fullest extent permissible under applicable law, Provider and its related parties do not make and hereby disclaim any express or implied warranties or representations whatsoever with respect to our website, our Services, or our content, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

We do not make any representation or warranty with respect to the accuracy, reliability, timeliness, or completeness of our website, our Services, or our content or that our website, our Services or our content is non-defamatory, non-infringing or otherwise lawful. Provider does not warrant that the functions performed by our website, our Services, or our content will be uninterrupted, timely, secure or error-free, or that defects in our website, our Services, or our content will be corrected. Provider does not guarantee or warrant that the files available for downloading will be free from infection by software viruses or other harmful computer code, files, or programs. Our website, our Services, and our content are provided on an “as is,” “where is, “ “where available” and “as available” basis. You acknowledge that any reliance on or use of our website, our Services, and our content is at your sole risk.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website, any downloads from our website or through our Services, or any other of our Services. 

12. LIMITATION OF LIABILITY. YOU WAIVE AND RELEASE PROVIDER, ITS OWNERS, OFFICERS, AFFILIATES, AND/OR EMPLOYEES FROM LIABILITY FOR ANY PAST, PRESENT, OR FUTURE INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING ATTORNEYS FEES, INDEMNIFICATION, LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF TIME, INCONVENIENCE, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOU AGREE THAT THE ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS BROUGHT AGAINST PROVIDER, ITS OWNERS, OFFICERS, AFFILIATES, AND/OR EMPLOYEES RELATING TO THE SERVICES AND/OR THIS AGREEMENT, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED THE GREATER OF $2,500 OR THE AMOUNT PAID OR PAYABLE BY YOU TO PROVIDER IN THE ONE YEAR PERIOD BEFORE ACCRUAL OF THE CLAIM. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.

13. Dispute Resolution. Other than claims to collect an amount due for providing the Services, which may be arbitrated at the sole discretion of Provider, or disputes before an administrative agency (e.g., inter-related parties review of a patent before the United States Patent and Trademark Office), any dispute, controversy or claim arising out of or related in any manner to the Services which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Dallas, Texas. The arbitration shall take place before a panel of one (1) arbitrator sitting in Dallas, Texas. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. A party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Dallas, Texas if in its reasonable judgment such action is necessary to avoid irreparable harm. The arbitrator will make the initial determination as to whether any claim is subject to arbitration. Notwithstanding any language to the contrary in this agreement, the parties hereby agree that any award issued by the arbitrator (the Underlying Award”) may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. 

14. BrightStores. OMG acquired BrightStores in 2022. If you had a separate agreement with Bright Stores LLC, upon your acceptance of these Terms that agreement is hereby amended such that this Terms of Service Agreement replaces and supersedes the BrightStores Terms and Conditions and the Data Processing Addendum at https://ordermygear.com/data-processing-addendum/ the (“DPA”) hereby supersedes and replaces any incorporation of the BrightStores Data Processing Addendum.

15. Miscellaneous Clauses:

(a) Relationship of the Parties. The relationship of the Parties hereto is that of independent contractors. Nothing in this Agreement, and no course of dealing between the Parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the Parties or between one Party and the other Party’s employees or agents. Each of the Parties is an independent contractor and neither Party has the authority to bind or contract any obligation in the name of or on account of the other Party or to incur any liability or make any statements, representations, warranties or commitments on behalf of the other Party, or otherwise act on behalf of the other. Each Party shall be solely responsible for payment of the salaries of its employees and personnel (including withholding of income taxes and social security), workers’ compensation, and all other employment benefits.

(b) Assertion of Claims. Any cause of action that arises from or relates to the Services or this Agreement must be commenced against Us within two (2) years from the date it accrues, regardless of when you became aware of the cause of action, or it shall be waived.

(c) Force Majeure. Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, pandemics, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. The party whose performance is impacted by such occurrence (the “Impacted Party”) shall give notice within five (5) days of the occurrence to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such occurrence are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

(d) Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in Dallas County, Texas. Both Parties hereby submit to the exclusive jurisdiction and venue in Dallas County, Texas. 

(e) Assignment. You may not assign Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent (not to be unreasonably withheld). You agree that the Provider may assign, transfer, or delegate any of its rights or obligations under this Agreement at any time and for any reason without prior notice or your consent. Subject to the foregoing, this Agreement shall bind and insure to the benefit of the Parties, their respective successors and permitted assigns.

(f) Infringement. If you suspect someone is infringing your intellectual property, please submit a notice of alleged infringement as provided below. 

A. Trademark

You may submit a notice of claimed trademark infringement that must include the following information:

• • Your physical or electronic signature.
  • The registration number(s) for the intellectual property if applicable.
  • The countries or territory in which the trademark is registered.
  • An identification of intellectual property. For instance, is the trademark a word mark, design mark or combination?
  • For a trademark, a list of the goods and/or services for which the trademark is registered and the length of time you have been using the trademark on those goods and services.
  • A statement of why you believe your rights have been infringed.
  • Sufficient identification of the material you believe to be infringing and information reasonably sufficient for us to locate the material.
  • Your name, postal address, telephone number, and, if available, email address.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are the owner of the trademark(s) or authorized to act on behalf of the trademark owner.

If you have a legitimate claim, then the allegedly infringing material will be taken down. If action is taken, we will forward the claim to the Merchant along with notice of what we did. 

B. Copyright

You may submit a notice of claimed copyright infringement that must include the following information:

• • The physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  • Sufficient identification of the material you believe to be infringing and information reasonably sufficient for us to locate the material.
  • Information reasonably sufficient to permit us to contact you, including your name, postal address, telephone number, and, if available, email address.
  • A statement that the complainant has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate, and under penalty of perjury, that the complaining party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please be aware that if you knowingly materially misrepresent that material or activity on our website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Our designated agent to receive these notices is:

Intellectual Property Agent

OrderMyGear LLC

2211 Commerce St.

Dallas, TX 75201

copyright@ordermygear.com

Counter Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing copyright@ordermygear.com and including the following:

• • A physical or electronic signature of the alleged infringer.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Dallas, Texas, or if the alleged infringer’s address is outside of the United States, for any judicial district in which GoDaddy may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.

(g) Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

(h) Construction. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.

(i) Survival. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.

(j) Rights Cumulative. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.

(k) Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter

16. Distributor and Supplier Terms

In addition to the foregoing, the following terms apply if you use our Services other than use as a Customer. For example if you (1) use our Services to search for products offered by another company; create a website, presentation, or online store to sell products to Customers; or use our Order Management and/or ERP to process orders and manage your business (a “Distributor“), or (2) use our Services to market or supply products to Distributors, for example, through our product marketplace and/or a website (a “Supplier“).  These Distributor and Supplier Terms will control In the event of a conflict between the foregoing terms and these Distributor and Supplier Terms. 

(a) Data Processing Addendum. Our Data Processing Addendum (“DPA”) at https://ordermygear.com/data-processing-addendum/ is hereby incorporated and made part of our Agreement with you.

(b) Payment Processing. Your payments may be processed through Stripe, Inc. or through another third-party payment processor of your choosing. Your relationship with a third-party payment processor is separate from Your relationship with Us and may be governed by the terms and conditions contained in the processor’s agreement. You agree that We are not responsible for the actions or omissions of any third-party payment processor. You may be required to establish an account with the third-party payment processor as necessary to use the Services. We are not responsible for ensuring that the information You provide Us for Your payouts (for example, ACH account numbers) is accurate or that Your payouts are transferred successfully or timely. You are liable for any issues that arise due to Your (or one of Your employees’) provision of invalid information for payouts. The fees You will owe in connection with payment processing will be posted in Your account or otherwise communicated to you, and by using Our services You agree to pay those fees. We reserve the right to change the payout schedule or suspend deposits if we determine it’s necessary due to fraud, excessive disputes, or other suspicious activity. You authorize Us to direct a third-party payment processor to: (a) receive, hold, and disburse funds, (b) issue charges, refunds, and deposits, and (c) otherwise handle funds on Your behalf. For example, if You refund a customer’s order, we may notify the third-party payment processor to issue a credit to that customer’s card. You agree that You are not entitled to interest or other compensation associated with funds held on Your behalf as You use Our services. Our current fees are listed in Your account. If Our fees ever change, we’ll let You know by email or posting a notice on Your account. Funds are collected by third party payment processors. Each third-party payment processor is its own company, and we are not responsible for its performance. 

(c) Fees. You are responsible for paying all fees as agreed when purchasing our Services. We or the third-party payment processor may subtract fees and any other amounts You owe before depositing the proceeds to Your bank account. We may also charge You directly for fees by debiting these fees from the payment method currently on file or by other methods as stated on our website or otherwise explained to you in writing. We may limit, suspend, or terminate Your account until the fees are paid. You shall pay all taxes (other than U.S. federal or state income taxes based on Our income) due with respect to Your use of the Services, including sales, use and gross receipts taxes. 

(d) Chargebacks. You are responsible for sales You make or manage through our Services, including chargebacks from Your Customers. A chargeback is typically caused by a Customer disputing a charge that appears on their bill. We may provide access to tools to assist you with contesting disputed charges but You are liable for all chargeback amounts and are responsible for contesting chargebacks. We may recover chargeback amounts, plus any applicable fees, expenses, or fines, by charging the payment method on file, invoicing you for payment, or withholding the applicable amount from Your next payout, as determined in our sole and exclusive discretion and subject to agreements with the applicable third-party payment processor. If we are unable to recover funds, You agree to pay Us the full amount of the chargeback immediately upon demand as well as all costs, expenses, and attorneys’ fees that we incur collecting chargeback amounts from you. If we or Our third-party payment processor determine that You are incurring excessive chargebacks, we may limit, suspend, or terminate Your account.      

(e) Sales Tax. You are responsible for charging taxes on Your sales, and collecting, reporting, and remitting taxes to state and/or local governments. We are not a marketplace facilitator for state sales tax purposes and are not required to nor do we collect and remit sales taxes on Your behalf. You may be required to register Your business with state or local federal tax authority to be authorized to conduct business in their jurisdictions and to remit sales tax. You should always check with a taxing authority or tax attorney or accountant to determine Your sales and use tax collection obligations and to make sure You collect the correct amount of sales tax, and to make sure You file and remit taxes correctly.

(f) Privacy. You may use our Services to collect Personal Information that is subject to applicable data privacy laws. You agree that with respect to this Personal Information, you are the Controller and we are the Processor or Service Provider (as those terms are typically defined in applicable data privacy laws) and will process the information pursuant to your documented instructions subject to these Terms and the DPA. If you create a Company Store, you have the option of using your own privacy policy or our standard privacy policy at https://ordermygear.com/privacy/. If you create a Pop-Up Store, you may only utilize our standard privacy policy. If you use our privacy policy on a Store, you agree to comply with the privacy policy and any applicable privacy laws and regulations that apply to the Personal Information.  

(g) Your Responsibilities. You are responsible for all activities that occur in, on, or through any of Your accounts that access the Services. It is Your responsibility to secure and protect Your account and to manage the users within Your account. Unless otherwise provided, You are responsible for fulfilling Your Customers’ orders as well as any other obligations after the order has been fulfilled, such as returns, refunds, or the handling of defective products. We are not involved in fulfillment or delivery of any goods or services purchased through the Services, except to the extent we have been separately engaged to provide these services for you.

(h) Marketing Emails to Customers. You may use the Services to send emails to market Your goods and services, but only if You comply with all applicable laws including, but not limited to, the CAN-SPAM Act and Canada’s Anti-Spam Law. You must keep adequate and verifiable records to prove that Your marketing complies with all applicable laws. You are solely responsible for the transmission of all such marketing communications related to Your use of the Services. We reserve the right to suspend or terminate the Services in the event we receive, in Our sole and exclusive discretion, an excessive number of complaints related to Your marketing communications, whether such complaints are made by parties who “opt-in” or otherwise.

(i) California Proposition 65 Warnings. You are responsible for ensuring that all necessary consumer warnings, including the warnings under California’s Proposition 65 regarding exposure to harmful chemicals, are properly made for the stuff You sell or market using our Services. Proposition 65 generally provides that warnings for products sold online should be made both online and on the product itself. We are not responsible for any issues with deficient consumer warnings, and You agree to defend and indemnify Us for any losses resulting from such issues.

(j) We may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers, other than from Us, found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Services.

(k) The Services may provide, or third-parties may provide, links to other Internet sites or resources. Because We have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.