TERMS & CONDITIONS (TERMS OF USE)

+ Last Updated: February 15, 2020

Summary:

Here at Mightier Pen Marketing, LLC, we’ll give you full access to the awesomeness of GearBeyond.net (“GearBeyond”) if you promise to only use your newfound shopping super powers for good and not evil. In other words, simply agree to our T&Cs here, and in return, we’ll continue working diligently to provide you an outstanding shopping experience and great customer service.

TERMS AND CONDITIONS OF SERVICE AND USE OF GEARBEYOND.NET

These Terms and Conditions of Service and Use of GearBeyond.net (the “Terms and Conditions”) are effective as of November 24, 2018, by Mightier Pen Marketing, LLC, an Arizona company (“Mightier Pen” or “We”).


Payment and Refunds

Payment Options
Unless otherwise stated, GearBeyond requires payment in full at the time the order is placed.  We accept several different payment options, currently via either PayPal or Stripe.  We will not be responsible for a delay in product shipping if your credit card is not approved.

Refunds and Returns
GearBeyond offers a rock-solid 30-day return policy. Just contact us here for any returns.

If you have additional questions, please contact us at: [email protected]

General Terms

By using or accessing GearBeyond, you thereby agree, (i) that you have read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance herewith, (ii) to be bound by these Terms and Conditions, any terms, conditions or other policies of Mightier Pen and any terms, conditions or other policies of Third-Party Websites, as each may be amended or supplemented from time to time without notice; and (iii) that your use of GearBeyond shall comply with all applicable federal, state and local laws or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws applicable to your use. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing GearBeyond.

Additionally, and without limiting the foregoing, by using or accessing GearBeyond, you represent and warrant that you: (a) are eighteen (18) years of age or older; (b) are not currently restricted from using GearBeyond, or not otherwise prohibited from having a GearBeyond account, (c) are not a competitor of GearBeyond or are not using GearBeyond for reasons that are in competition with GearBeyond or any other product or service offered by Mightier Pen; (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party; (e) will not violate any rights of Mightier Pen, including intellectual property rights such as copyright or trademark rights; and (f) agree to provide at your cost all equipment, software, and internet access necessary to use GearBeyond.

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

  • That the content, materials and other intellectual property contained or embodied in GearBeyond are owned by Mightier Pen and are protected by copyright, trademark and other similar laws.
  • Not to access GearBeyond using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
  • Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
  • Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
  • Not to bully, intimidate, or harass any person;
  • Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Mightier Pen in its sole discretion;
  • Not to take any action that could disable, overburden, or impair the operation or availability of GearBeyond, such as a denial of service attack;
  • Not to facilitate or encourage any violations of this Statement;
  • Not to make your GearBeyond account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
  • Not to copy, distribute or disseminate GearBeyond or any portion thereof, and not to transfer GearBeyond, or any portion thereof, to another person or “mirror” GearBeyond, or any portion thereof, on any other server;
  • Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, GearBeyond or any portion thereof;
  • Not to remove any trademark, copyright or other proprietary notations, designation or notice from GearBeyond; and
  • Not to take any other action that could result in any damage or disruption to GearBeyond, or that could otherwise result in any liability, damages, costs or expenses on the part of Mightier Pen.

Violation; Termination of Account

Mightier Pen reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Mightier Pen or GearBeyond, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Mightier Pen whether at law, in equity or otherwise. You hereby acknowledge and agree that Mightier Pen may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Mightier Pen or GearBeyond, and any other violations of any state, federal or local laws, rules or regulations.

You acknowledge and agree that Mightier Pen may, in its sole discretion, cancel, suspend or terminate your Account if you breach these Terms and Conditions. Mightier Pen may refuse, in its sole discretion, to permit any use of GearBeyond, and may refuse to permit any person to use GearBeyond for any reason at any time.

Account Deletion

Permanently Delete Account
Your account may be permanently deleted at any time by requesting and confirming such permanent deletion via email [email protected]. PERMANENT DELETION REQUESTS RECEIVED VIA EMAIL ARE NOT CONSIDERED FINAL UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM OUR SUPPORT TEAM. Cancellation/permanent deletion requests by telephone, fax, postal mail, or other means of communication cannot and will not be accepted or effective.

The cancellation/permanent deletion of your account will immediately result in the deactivation and deletion of your account. No content or information can be recovered once your account is cancelled/permanently deleted, and you assume all responsibility for preserving any content or information on your account prior to its cancellation.

Mightier Pen may retain content or information from your account after cancellation/permanent deletion in backup and/or archival copies of GearBeyond and related databases, but such copies, if any, will not be available to you. You may request in writing that Mightier Pen delete any such copies from your account, and Mightier Pen will make a reasonable commercial effort to timely delete such copies of your account after such a request is made, verified and confirmed.

Disclaimer of Warranties

GEARBEYOND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. MIGHTIER PEN AND EACH USER OF GEARBEYOND EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING: MIGHTIER PEN AND EACH USER OF GEARBEYOND DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GEARBEYOND; MIGHTIER PEN DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) GEARBEYOND WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) GEARBEYOND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GEARBEYOND WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH GEARBEYOND WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN GEARBEYOND WILL BE CORRECTED; MIGHTIER PEN AND EACH USER OF GEARBEYOND DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH GEARBEYOND; AND, MIGHTIER PEN AND EACH USER OF GEARBEYOND DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON GEARBEYOND OR RECEIVED THROUGH ANY LINKS PROVIDED BY GEARBEYOND.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF GEARBEYOND IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THAT RESULTS FROM OR ARISES FROM YOUR USE OF GEARBEYOND.

Limitations of Liability

IN NO EVENT WILL MIGHTIER PEN, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR INABILITY TO USE GEARBEYOND OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH GEARBEYOND; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON GEARBEYOND OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH GEARBEYOND; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM GEARBEYOND; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO GEARBEYOND, EVEN IF YOU CLAIM TO HAVE NOTIFIED MIGHTIER PEN ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF MIGHTIER PEN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF GEARBEYOND, THE SERVICE, AND THE CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR CONTENT TO YOU WITHOUT THIS LIMITATION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH GEARBEYOND AND/OR GEARBEYOND-RELATED SERVICES IS TO STOP USING GEARBEYOND AND/OR THOSE SERVICES.

Indemnification

Each user shall, and hereby agrees to, indemnify and hold harmless, Mightier Pen, and its officers, directors, employees and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to such user’s (i) failure to comply with these Terms and Conditions, (ii) submission or posting of content using GearBeyond, or (iii) any use of, access to or other activity engaged in, on or through GearBeyond.

Revisions and Errata

GearBeyond could include technical, typographical, or photographic errors. Mightier Pen does not warrant that any of the materials on GearBeyond are accurate, complete, or current. Mightier Pen may make changes to GearBeyond at any time without notice. Mighiter Pen does not, however, make any commitment to update GearBeyond.

Mightier Pen has not reviewed all of the sites linked to GearBeyond and is not responsible for the content of any such linked website. The inclusion of any link does not imply endorsement by Mightier Pen of the site or application. Use of any such linked website is at the user’s own risk.

Modifications

Mightier Pen reserves the right to revise these Terms and Conditions at any time without notice. By using GearBeyond, you are agreeing to be bound by the then current version of these Terms and Conditions.

Governing Law

Any claim under these Terms and Conditions or otherwise related to GearBeyond or Mightier Pen shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona, for the purpose of litigating all such claims. Notwithstanding the above, you agree that Mightier Pen shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Severability

The determination that any provision of these Terms of Use is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.

Entire Agreement

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding GearBeyond, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions.

Waivers

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

Value Added Tax (“VAT”)

Mightier Pen is a non-European Union (“EU”) company with no VAT registration. Mightier Pen and GearBeyond are not registered with the EU, and no VAT or other taxes imposed by the EU are applied to any payments.

Questions?

Any questions about these Terms and Conditions should be addressed here or via email to [email protected].

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