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1. Welcome to OrderMyGear!

By using this website (collectively the “Site”) and services (together with the Site, the “Services”) offered by OrderMyGear LLC (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “OrderMyGear,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site.

We may change these terms from time to time. If we do, we’ll let you know about any material changes by notifying you on the Site. If you keep using OrderMyGear after a change, that means you accept the new terms.

2. About Creating an Account

You can shop on stores powered by OrderMyGear without registering for an account. But to create online stores for your group, business, or organization, you’ll need to register for an account. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or violate anyone’s rights. Any sales transactions that occur on your group’s account will represent a real sale, and your stores should accurately describe the products or services you are selling. You will also fulfill all of your obligations to each customer. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity that takes place using your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@ordermygear.com.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age

3. Things You Definitely Shouldn’t Do

Millions of customers, and thousands of businesses, use OrderMyGear. We expect everyone to behave responsibly. Don’t do any of these things on the Site:

4. How Stores Work

OrderMyGear provides a platform for sellers to create online stores and accept orders from customers. In many cases, orders are placed by individual customers but fulfilled by sellers as a group; for example, football team players might individually order apparel for the season that will be delivered by the seller to the coach. When a seller creates a store using OrderMyGear, they’re inviting other people to form a contract with them. Anyone who purchases from an online store is accepting the seller’s offer and forming that contract. OrderMyGear is not a part of this contract — the contract is a direct legal agreement between sellers and their customers.

These are the terms that apply when you’re purchasing from an online store:

These are the terms that apply when you’re creating an online store or using the Services as a seller:

5. Stuff We Don’t Do and Aren’t Responsible For

OrderMyGear isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between customers, sellers, or any third party relating to the use of the Services. We don’t oversee the performance or punctuality of stores or product fulfillment, and we don’t endorse any content users submit to the Site. When you use the Services, you release OrderMyGear from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

6. Our Fees

For sellers, our service and payment processing fees are listed on your account settings page. If our fees ever change, we’ll let you know by email or a posting on the Site. Funds are collected by third party payment providers. Each payment provider is its own company, and OrderMyGear isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of OrderMyGear.

7. Other Websites

OrderMyGear may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

OrderMyGear partners with other companies (such as Stripe) for payment processing. When you create a store or place an order, you’re also agreeing to the payment processor’s terms of service.

8. Your Intellectual Property

OrderMyGear doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you create a store, you agree to these terms:

9. OrderMyGear’s Intellectual Property

OrderMyGear’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

OrderMyGear grants you a license to reproduce content from the Services for personal use only. This license covers both OrderMyGear’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from OrderMyGear or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

10. How We Deal with Copyright Issues

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. OrderMyGear complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

11. Deleting Your Account

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

12. Our Rights

OrderMyGear reserves these rights:

13. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

ORDERMYGEAR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ORDERMYGEAR SHALL CREATE ANY WARRANTY.

14. Indemnification

IF YOU DO SOMETHING THAT GETS US SUED, OR BREAK ANY OF THE PROMISES YOU MAKE IN THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL COSTS) THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF ORDERMYGEAR. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO THIS INDEMNIFICATION CLAUSE, IN WHICH CASE YOU AGREE THAT YOU’LL COOPERATE AND HELP US IN ASSERTING ANY DEFENSES.

15. Limitation of Liability

To the fullest extent permitted by law, in no event will OrderMyGear, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall OrderMyGear’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

16. Dispute Resolution and Governing Law

We at OrderMyGear encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that OrderMyGear and its Services are deemed a passive website that does not give rise to jurisdiction over OrderMyGear or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of OrderMyGear, shall be filed only in the state or federal courts located in Dallas County in the State of Texas, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

17. The Rest

These Terms and the other material referenced in them are the entire agreement between you and OrderMyGear with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and OrderMyGear with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or OrderMyGear to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get OrderMyGear’s prior written consent. OrderMyGear has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. OrderMyGear will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

Last updated: August 19, 2016

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