TERMS OF USE

Welcome to the Gear Coop. The www.gearcoop.com website (the "Site") is an E-commerce Site specializing in the sale of climbing and outdoor clothing & equipment. The Site is composed of various web pages operated by the Gear Coop ("Gear Coop"). The Site is offered to you conditioned on your acceptance without modification of these terms of use, conditions and notices contained herein (the "Terms"). Your use of www.gearcoop.com and associated online products and services (collectively, the “Services”) constitute your agreement to all such Terms. By using, viewing, browsing, shopping and/or linking to the Site and our Services, you are agreeing to these Terms. These Terms include a mandatory arbitration provision, which requires arbitration to resolve any disputes. Use of the Site and our Services constitute an agreement that you and Gear Coop voluntarily give up any rights to sue each other, either in court or in class actions. Please read these terms carefully, and keep a copy of them for your reference.

 USERS & ELIGIBILITY

Any person accessing or using the Site and engaging with our Services is considered a user (“User”) subject to these Terms and Conditions. You must be at least 13 years of age to use the Site and/or Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Site and/or Services under the guidance and supervision of a parent or legal guardian who agrees to be legally bound by these Terms. If you are the parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and consent to be entirely responsible for the behavior of said User.

TERMS OF SALE

i) Purchase and Payment

By placing an order on the Site you are agreeing to purchase a product from Gear Coop and affirming that you are of legal age to enter into this contract. Furthermore, when you place an order on the Site, you are agreeing that all information provided to Gear Coop in connection with such an order is true and correct and that you are the authorized user of the payment associated with the order. Products are offered subject to availability and Gear Coop reserves the right to cancel and/or impose quantity limits on all or part of an order without prior notice.

ii) Product availability and Accuracy

While Gear Coop makes every effort to ensure the accuracy of product availability, price, photos, typography and any other attributable product features, we make no guarantee that www.gearcoop.com is free of inaccuracies. Product prices are subject to change and Gear Coop reserves the right to modify, refuse or cancel any orders placed for products listed incorrectly. Gear Coop reserves the right to refuse or cancel such orders at any time, whether or not the order has been confirmed and whether or not the User has made payment for the order.

iii) Shipping

We offer three shipping options: standard, expedited and priority. After your order has been placed, fulfillment takes 1 business day for priority, 2 business days for expedited or 3-5 business days for standard. Orders ship within 1 business day for priority and expedited and within 2 business days for standard. Generally the delivery timeline for our various methods of fulfillment is as follows:

• Standard Shipping: delivery within 5 to 8 business days
• Expedited Shipping: delivery within 3 to 5 business days
• Priority Shipping: delivery within 1 to 3 business days

Delivery dates provided are estimates and as such are not a guarantee. We do everything in our power to get your order to you in accordance with your shipping choice, however we rely on Amazon's fulfillment resources and occasionally delays occur. Expedited and Priority shipping options vary by product, location and time for processes. Certain oversized items can not be guaranteed for 1 day turn around. Oversized items may necessitate alternative shipping methods other than those referred to above. In these cases, we will always email you a quote for specialized freight shipping and we won’t ship your order until we receive your approval.  Weekends and holidays are excluded from shipping times. Exceptions and restrictions apply.

iv) International Shipping

We are only able to ship to U.S. addresses including APO/FPO and U.S. Territories. Shipping offers are limited to the contiguous U.S. (i.e. lower 48 states) only. P.O. boxes, APO, FPO, DPO addresses are not eligible.

v) Returns & Gear Coop Guarantee

We are confident in every single product we sell.

However, we understand that sometimes you need to take a product on the trail, up the wall, or down the slopes to determine if it's the perfect fit for you. If for any reason you are unsatisfied with your purchase, you have 30 days to return it for an exchange or a refund (minus a $5 flat rate for shipping). General wear and tear and/or inappropriate use will void return policy.

To make returns easy, we offer a $5 flat-rate* UPS shipping label for eligible U.S. customers returning products. Send an email to cs@gearcoop.com with your order number, the item you’re returning and the reason for your return. Once Customer Service receives your request, a representative will respond with a prepaid shipping label. Print your label, tape it to the outside of your return package, and drop it off at a UPS store at your convenience. The $5 flat-rate for the label will be deducted from the refund for the return of your new or used items. Once we receive and inspect your returned item to make sure it meets our return policy specifications, we will process your refund and credit your original payment method.

 

PRIVACY

Your use of www.gearcoop.com is subject to Gear Coop's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

THE SITE & ELECTRONIC COMMUNICATIONS

You are granted a non-exclusive, non-transferable, revocable license to access and use www.gearcoop.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Gear Coop that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Visiting www.gearcoop.com or sending emails to Gear Coop constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are responsible for providing accurate account information and updating your account promptly should any of your information change. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gear Coop is not responsible for third party access to your account that results from theft or misappropriation of your account. Gear Coop and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Gear Coop does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.gearcoop.com only with permission of a parent or guardian.

 

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Gear Coop and Gear Coop is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gear Coop is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gear Coop of the site or any association with its operators.

Certain services made available via www.gearcoop.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gearcoop.com domain, you hereby acknowledge and consent that Gear Coop may share such information and data with any third party with whom Gear Coop has a contractual relationship to provide the requested product, service or functionality on behalf of www.gearcoop.com users and customers.

 

INTELLECTUAL PROPERTY

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gear Coop or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gear Coop content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gear Coop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gear Coop or our licensors except as expressly authorized by these Terms.

 

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication services designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Gear Coop has no obligation to monitor the Communication Services. However, Gear Coop reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gear Coop reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Gear Coop reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gear Coop's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gear Coop does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gear Coop specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gear Coop spokespersons, and their views do not necessarily reflect those of Gear Coop.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

USER CONTENT

Gear Coop does not claim ownership of the materials you provide to www.gearcoop.com (including feedback and suggestions) or post, upload, input or submit to any Gear Coop Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gear Coop, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Gear Coop is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Gear Coop's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by Gear Coop from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gear Coop Content accessed through www.gearcoop.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gear Coop, its officers, directors, employees, agents and third parties (individually and collectively, the Gear Coop Parties”), from and against any losses, costs, liabilities, demands, damages or expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, your user content, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gear Coop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gear Coop in asserting any available defenses.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE GEAR COOP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE GEAR COOP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE GEAR COOP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GEAR COOP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GEAR COOP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

BINDING ARBITRATION and ACCESS RESTRICTION

Gear Coop reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California.

Please read this section closely as it requires you to commit to binding arbitration to settle any  disputes and/or claims with Gear Coop.

This binding arbitration clause outlines the requirement that both you and Gear Coop waive your rights to a jury trial, waive any right to file a lawsuit or participate in a class action lawsuit and stipulates that any such disputes arising out of or related to these Terms of Use or our Services will not be resolved in court but rather through final and binding arbitration before a neutral arbitrator. Arbitration will only occur on an individual basis (class arbitration and class actions are not permitted) and will be administered by the Judicial Arbitration and Mediation Services (“JAMS”) More information can be found on the JAMS website and arbitration will be administered pursuant to the JAMS Streamlined Arbitration Rules and Procedures. If hearings are required they will be conducted remotely via either video conferencing or teleconferencing unless an arbitrator determines that an in-person hearing is appropriate. Arbitration will follow these Terms of Service and the arbitrator’s decision will be final, binding and enforceable by any court having jurisdiction thereof.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gear Coop as a result of this agreement or use of the Site. Gear Coop's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gear Coop's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gear Coop with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gear Coop with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gear Coop with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

MISCELLANEOUS

If any portion of these terms are deemed invalid, illegal or unenforceable in any respect, the provision in question will not affect the validity and enforceability of the remaining provisions contained within the Terms. The failure of Gear Coop to exercise any provision of these Terms will in no way limit Gear Coop’s right at another time to enforce such a provision. No delay or failure by Gear Coop to exercise any rights conferred by these Terms will constitute a waiver of such rights in the future. Except as otherwise stated herein, these Terms only apply to the parties and do not confer third party rights to any other person not a party to this agreement.

 

CHANGES TO TERMS

Gear Coop reserves the right, in its sole discretion and at any time, to modify or amend the Terms under which www.gearcoop.com is offered; this includes any other documents referenced herein. Such changes and/or modifications will take effect at the time of posting the amended or modified Terms on the Site. The most current version of the Terms will supersede all previous versions. Gear Coop encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

Gear Coop welcomes your questions or comments regarding the Terms or anything else. Just reach out.

Gear Coop

1420 Village Way

Santa Ana, California 92705

 

Email Address: cs@gearcoop.com

Telephone number: 714-478-8802

Effective as of March, 2022