Terms of Use

(last updated August 1, 2017)

Welcome to Gearsy.com (also referred to as Geary). By using Gearsy.com and any of it's related websites, services, tools etc, you are agreeing to the following terms:

Using Gearsy

As a condition of your use of Gearsy.com you agree that you will not:

• violate any laws;
• violate the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false or misleading material or message of any kind;
• infringe any third-party right; • distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm Gearsy.com or the interests or property of Gearsy users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Gearsy;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access Gearsy and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• copy, modify or distribute rights or content from the Gearsy site, services, applications or tools or Gearsy's copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent
• bypass measures used to prevent or restrict access to Gearsy.com;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Gearsy and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Gearsy either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Gearsy websites, services, applications or tools, we may, at our discretion, inform other Gearsy.com users that have been in contact with you and recommend that they exercise caution.

Abusing Gearsy

Gearsy.com and the Gearsy community work together to keep the Gearsy websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Gearsy if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Gearsy employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Gearsy.com or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Gearsy.com or use of Gearsy by users.

Global Marketplace

Some of Gearsy's features may display your ad on other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. By using Gearsy, you agree that your ads can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your ad if it is reported on any our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using Gearsy is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in US Dollars. We'll notify you of changes to our fee policy by posting such changes on the Gearsy website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Gearsy fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the Gearsy sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Gearsy users for any fees paid through use of our sites, services, applications and tools in the following cases:

• If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
• If your ads went live with exposure on the Gearsy sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
• If you have removed your ads yourself;
• If you post duplicate ads as defined in our rules regarding duplicate ads;
• If we believe that your ads are in a significantly wrong category; Please note that the above list is not exhaustive.

Content

Gearsy contains content from us, you, and other users. Gearsy is protected by copyright laws and international treaties. Content displayed on or via Gearsy is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Gearsy.com without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Gearsy. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Gearsy (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Pricing

Pricing is set and posted by the seller exclusively. In the event an item is inaccurately priced, the seller reserves the right to not sell the item at the incorrect price. It is the buyer's responsiblity to confirm the price during communication with the seller.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Gearsy.com by private individuals in the US. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Gearsy.

Reporting an infringement:

In order to participate in the Notice of Infringement Program, you only need to complete a Notice of Infringement Form and email it to Gearsy. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Gearsy to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Gearsy via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Gearsy users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Gearsy Help.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Gearsy.com comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Gearsy.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability.

Release

If you have a dispute with one or more Gearsy users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using Gearsy.com, you agree to the collection, transfer, storage and use of your personal information by Gearsy on servers located in the United States and Spain as further described in our Privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between you and Gearsy, we strongly encourage you to first contact us directly to seek a resolution by going to the Gearsy contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.