Legal

Terms and Conditions of Use

Permitted Uses

Access to the Site

Transmission of Information

Your Conduct on our Site

Creating an Account on our Site

Terms of Sale

Modification of this Agreement

Ownership of the Site

End User Communications

Disclaimer of Warranty

Limitation of Liability

Indemnification/Release

Termination

Terms and Conditions of Use [Top]

By using Gear Hero HQ (Site) our services services through the Site, you ("you" or, "End User") agree to these Terms of Use, our Privacy Statement, and any additional terms applicable. The term "using" includes any person or entity who accesses or uses the site with crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY PURCHASE ANY PRODUCT OFFERED THROUGH THE SITE.

Permitted Uses [Top]

The Site provides an interactive online service operated by Gear Hero HQ, consisting primarily of direct sales of products to End Users.As a condition of your use of this Site, you agree that:

You are an individual person at least 18 years of age;

You are able to create a binding legal obligation;

You are not barred from receiving products or services under US law;

Your use of this Site will at all times comply with the terms of this Agreement;

If you elect to create an account:

  • You may create only one account for your personal use;
  • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
  • You must safeguard your password and supervise the use of your account, and you understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it; and
  • You are responsible for updating and correcting information you have submitted to the Site.

You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

Access to the Site [Top]

Gear Hero HQ retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.

Transmission of Information [Top]

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with the Site while it is being transmitted. In addition, Gear Hero HQ is not responsible for any data lost during transmission.

Your Conduct on our Site [Top]

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Gear Hero HQ account or in order to create multiple Gear Hero HQ accounts;
  • Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Gear Hero HQ;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Gear Hero HQ to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Gear Hero HQ, including without limitation, aggregating current or previously offered deals;
  • Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
  • Collecting the Personal Information, Statements, data or content of any Site End Users;
  • Using any End User information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Exceeding or attempting to exceed quantity limits when purchasing products, or otherwise using any Gear Hero HQ account to purchase products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
  • Accessing, monitoring or copying any content or information from this Site using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Acting illegally or maliciously against the business interests or reputation of JustInBin
    Creating an Account on our Site [Top]

    If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Gear Hero HQ account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

    Terms of Sale [Top]

    Orders

    When you purchase an item sold by Gear Hero HQ, clicking the "Buy" button constitutes an offer to buy the products. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.

    If you wish to cancel your order before delivery or change the quantity of items purchased or the delivery address, please contact us within 2 hours of your purchase. Once that window closes, we cannot make changes to your order, although you are still eligible to make returns as outlined in these Terms of Sale, the return policy.

    Shipping and Delivery

    Shipment and tracking options and applicable charges will be stated in the fine print and will vary by offer. Shipment may be limited to specific geographic locations.

    Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

    We may have to cancel an order before your products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.

    Pricing

    Items sold by Gear Hero HQ and shipped within the U.S. are subject to applicable sales taxes, which will be added at checkout.

    Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be disclosed in the fine print and added at checkout.

    Advertised "list prices" may be based on a survey of other online merchants, tied to a particular merchant's current or former price or suggested by either the manufacturer or our supplier; they are not necessarily representative of current prices of other online merchants or the prevailing retail price in every area.

    Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.

    Warranties and Other Information

    All products are sold AS IS.

    We are not the manufacturer of the products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.

    While we work to ensure that the product information on the Site is correct, we cannot guarantee that product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions which accompany the items before use.

    We have taken reasonable steps to display as accurately as possible the colors and other details of products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items.

    For healthcare products, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Please contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

    Modification of ths Agreement [Top]

    We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the Site. If you have an account on the Site, any changes to these Terms of Use will be effective upon the earlier of our dispatch of an email notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to goods purchased prior to the effective date of such changes. These changes will be effective immediately for new and existing users of our Site and for all goods purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

    We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

    Ownership of the Site [Top]

    The content and information on the Site as well as the infrastructure used to provide both, is proprietary to us, our users, and partners. Gear Hero HQ grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and any Microsite pursuant to this Agreement and to any additional terms and policies set forth by Gear Hero HQ. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site or any Microsite without the express permission of Gear Hero HQ. In addition, you may not make any use that exceeds or violates these Terms of Use.

    End User Communications [Top]

    Gear Hero HQ in some instances allows you and other End Users to use the Site to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and other materials and content (collectively, "Statements") through forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, "Communities"). In most instances, you will be required to have a Gear Hero HQ user account in order to make Statements.

    In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Statements, you have been assured that the creator represents and warrants) that the sharing of Statements for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available Statements if they are unlawful, harmful, tortuous, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third party rights; or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

    Gear Hero HQ shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Statements and content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Gear Hero HQ, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Gear Hero HQ shall have the right, but not the obligation, to remove any material from the Communities that Gear Hero HQ, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Gear Hero HQ assumes no liability for any Statements or other information removed from the Communities. Gear Hero HQ is under no obligation to use your Statements and may not use or post them at all.

    In some instances and from time to time, you may modify or remove the Statements you submit or post in Communities through your user account. Gear Hero HQ makes no representations or warranties that the Statements you modify or remove will be modified or removed in the Communities, or that the Statements will cease to appear on the Internet, in search engines, or in any other form, media or technology.

    Disclaimer of Warranty [Top]

    YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Gear Hero HQ, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION OR STATEMENTS (AS DEFINED ABOVE) PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gear Hero HQ HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE.

    Limitation of Liability [Top]

    IN NO EVENT SHALL Gear Hero HQ, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL Gear Hero HQ'S LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

    Indemnification/Release [Top]

    You agree to defend, indemnify and hold harmless Gear Hero HQ, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.

    Termination [Top]

    Gear Hero HQ may terminate these Terms of Use at any time. Without limiting the foregoing, Gear Hero HQ shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Gear Hero HQ considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.