Terms of Service

THE GEAR PROJECT LLC

Terms of Service

May 19, 2026

The Gear Project LLC, an Arizona limited liability company PO Box 4010, Sedona, AZ 86336 team@thegearproject.com (for questions and disputes)

Introduction

You are entering into this Agreement with The Gear Project LLC ("The Gear Project," "we," "us," and/or "our"). When you (individually, or the entity that you represent) access our Service, including purchasing Items from sellers on The Gear Project, you are agreeing to the Terms of Service (the "Agreement") below. As used in this Agreement, "Service" refers collectively to The Gear Project website located at www.thegearproject.com, The Gear Project mobile application, and all related features, tools, and platforms made available by The Gear Project. By accessing the Service, you agree to be bound by this Agreement, and any additional terms referenced herein.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to this Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Agreement. If you do not agree with this Agreement or any terms referenced herein, do not use or access (or continue to use or access) the Service.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE GEAR PROJECT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY THE GEAR PROJECT. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND THE GEAR PROJECT. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.

The Terms include, and incorporate by reference, the following policies: The Gear Project Privacy Policy (available at www.thegearproject.com/privacy), the Fee Policy (available in the Help Center at www.thegearproject.com/help), and the Prohibited Items Policy (available at www.thegearproject.com/prohibited-items). Users are encouraged to review each of these policies before using the Service. In the event of a conflict between these Terms and any incorporated policy, these Terms shall control.

Purchase and Sale Transactions

Fees; Transactions

Registering for the Service is free; however, The Gear Project charges Sellers certain fees for various transactions effected through the Service. Our Fee Policy is available in the Help Center at www.thegearproject.com/help and is incorporated herein by reference. Sellers are encouraged to review the Fee Policy before listing any Item. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Taxes; Shipping Costs; Buyer Responsibility

Each transaction on The Gear Project is for a single Item. An Item purchased by and shipped to a Buyer in the Continental U.S., Hawaii, or Alaska may be subject to applicable state or local sales or use tax, privilege tax, or similar transaction-based taxes ("Taxes"). The amount of Taxes is based on a number of factors, including but not limited to the type of Item purchased, the Buyer's designated delivery address, and/or the location of the Seller.

Buyers are responsible for paying the listed purchase price for the Item as well as any shipping costs and applicable Taxes and/or duties associated with the transaction. For Buyers in the U.S., the rate of Tax applied to a taxable Item is a combined rate based on the state and local rates of the address where the Item is delivered.

Buyers may use certain The Gear Project promotions or credits towards the purchase of an Item. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to the transaction. The application of any promotion or credit will be reflected at the time of checkout and on the receipt of purchase.

Tax and shipping costs are not included in the listed price of an Item but will be displayed to the Buyer before confirmation of purchase.

Estimated Taxes

When a Buyer proceeds to checkout, an estimated amount of Tax will be displayed. The estimated amount of Taxes is based on several factors, including the listed purchase price, the Buyer's designated delivery address, and the applicable tax rates in effect at that time. The amount a Buyer is charged will include the estimated Taxes displayed at checkout. The amount of Taxes may change and be updated when the order is finalized and completed through the Service.

Marketplace Collection; Taxes; Commissions; Seller Responsibility

The Gear Project will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so, including those states that have enacted legislation requiring marketplaces like The Gear Project to collect Taxes on behalf of sellers. In these states, the amount of Taxes collected will be submitted by The Gear Project to the appropriate taxing authority. In those states where The Gear Project does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local laws.

Sellers are responsible for paying The Gear Project's commission as well as all taxes imposed or measured by Seller's net income, profits, and/or revenues associated with the sale of any Items through the Service.

Payments

Buyers may pay for an Item using credit cards or other payment methods accepted by Stripe, our third-party payment processor.

Financial Data and Payment Processing

The Gear Project does not collect, store, or have access to any financial information you provide during a transaction, including credit card numbers, bank account details, or other payment credentials. All payment processing is handled exclusively by Stripe, Inc., our third-party payment processor. Any financial information you enter while using the Service is collected directly by Stripe through its integrated payment technology and is governed by Stripe's Privacy Policy and Stripe Services Agreement, available at stripe.com/legal. By completing a purchase or listing on the Service, you acknowledge that your payment data is subject to Stripe's terms and not The Gear Project's. The Gear Project receives only transaction confirmation data necessary to fulfill orders.

Data Security and Breach Notification

Although The Gear Project does not collect or store payment card or bank account information (which is handled exclusively by Stripe, Inc. as described above), The Gear Project does collect and maintain certain categories of personal information in connection with your account and use of the Service, including your name, email address, mailing address, account credentials, and transaction history. The Gear Project maintains reasonable administrative, technical, and physical safeguards designed to protect this information from unauthorized access, disclosure, or acquisition. In the event The Gear Project determines that a security system breach has occurred involving your personal information, as defined under A.R.S. § 18-551, The Gear Project will notify affected individuals in accordance with applicable law, including within forty-five (45) days after determining that a breach has occurred, as required by A.R.S. § 18-552. If the breach affects more than one thousand (1,000) Arizona residents, The Gear Project will notify the Arizona Attorney General and the Director of the Arizona Department of Homeland Security in writing as required by law. Notification will be provided by written notice, email, or such other method permitted under A.R.S. § 18-552. If you receive a breach notification involving your account credentials, you should promptly change your password and security question or answer for your account and for any other accounts for which you use the same username, email address, and password combination. Nothing in these Terms limits The Gear Project's obligations under A.R.S. §§ 18-551 and 18-552.

Tax Calculation

The Gear Project uses Avalara, Inc., a third-party tax automation service, to calculate applicable sales and use taxes on transactions. While we strive for accuracy, tax regulations are complex and vary by jurisdiction, and we do not guarantee that tax calculations are perfectly accurate in all circumstances. The Gear Project is not liable for any discrepancies, overcharges, or undercharges in tax calculations resulting from Avalara's system. Avalara's services are provided on an "as-is" basis and do not constitute professional tax or legal advice. You, the customer, are responsible for paying the total tax amount shown at checkout. If you believe that taxes were incorrectly calculated on your transaction, please contact The Gear Project at team@thegearproject.com within thirty (30) days of the transaction date so that we may review the calculation. If tax was under-collected due to a system error, we reserve the right to correct this as required by law. Information regarding tax rates and taxability displayed on this Service is for informational purposes only and does not constitute professional tax or legal advice.

Fee Modifications

We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

Marketplace Risk

The Gear Project is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that users buy or sell through the Service: The Gear Project is a marketplace and technology platform and is not involved in any transaction between Buyers and Sellers and does not obtain title to any purchased items. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not The Gear Project. We encourage you to use the various functionalities of the Service (e.g., our direct messaging platform) to help evaluate the user with whom you are dealing. To the fullest extent permitted by applicable law, including the Arizona Products Liability Act, A.R.S. 12-681 et seq., The Gear Project expressly disclaims any liability as a manufacturer, seller, or distributor of any items listed or sold through the Service. All items available through the Service are listed and sold exclusively by independent third-party Sellers. The Gear Project's role is limited to providing a technology platform that facilitates transactions between Buyers and Sellers, and The Gear Project shall not be deemed a seller, distributor, or supplier of any item for purposes of any product liability claim under Arizona law or the law of any other jurisdiction.

The Gear Project does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, The Gear Project does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot ensure that all transactions will be completed. Additionally, The Gear Project does not guarantee the ability or intent of users to fulfill their obligations in any transactions. The Gear Project reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting The Gear Project and its users from illegal or wrongful activities or other violations of these Terms.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.

Prohibited Items

The Gear Project prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the Items listed in our Prohibited Items Policy, available at www.thegearproject.com/prohibited-items. Sellers are responsible for reviewing the Prohibited Items Policy before listing any Item. Violations of the Prohibited Items Policy may result in listing removal, account suspension, or permanent removal from the platform.

Counterfeit Items

Counterfeit items are not allowed to be listed and sold on The Gear Project. Items that bear a company's official brand name or logo can be listed if the products were lawfully made by that company. Counterfeit items may include items that are fakes, copies, or replicas of brand name items (Example: a jacket bearing the Patagonia name or logo that was not made by Patagonia).

Sellers are responsible for ensuring the authenticity of an item. If a buyer believes that the item they purchased is counterfeit, the buyer should contact The Gear Project Customer Service immediately at team@thegearproject.com. We may ask the buyer to send a description or pictures of the item so we can conduct a review.

If after reviewing an item we cannot confirm its authenticity, we reserve the right to cancel the order. If we reasonably believe an item to be counterfeit, we will provide a refund for the full cost of the item and any accompanying shipping costs to the buyer and the seller will not receive earnings from the transaction. Sellers acknowledge and agree that if an item in question is deemed counterfeit, we shall ensure disposal of the item at our discretion.

If we are unable to reasonably determine that an item under dispute is counterfeit, we may have it sent back to the seller and we will provide the buyer a refund for the full cost of the item and any accompanying shipping costs. The seller will not receive any earnings from the transaction.

Sellers

You must have the legal right to sell any Item you list through the Service. You must describe your item (including the original retail price) and all terms of sale truthfully, accurately, and completely. All listings are subject to the following requirements:

A minimum of four clear photos are required, including at least one photo of the item's brand label showing the size. This label photo is mandatory and helps prevent listing errors and size disputes.
Photos must include multiple angles, close-ups of any wear or cosmetic imperfections, and working features such as zippers and buckles. Well-lit images with neutral backgrounds are preferred. Do not use manufacturer marketing or advertising photos.
Listings must include brand, model, size, condition rating (Like New, Excellent, Very Good, or Good), honest disclosure of any cosmetic wear, and approximate age and usage history.
By submitting a listing, Seller confirms via a required checkbox acknowledgment that the item meets The Gear Project's quality standards and that the listing description and photos are accurate and complete.

Sellers who are temporarily unable to fulfill orders may activate Vacation Mode through their account settings. While Vacation Mode is active, the Seller's listings remain visible but are not available for purchase. Sellers are responsible for activating Vacation Mode when they cannot ship and for deactivating it promptly upon their return. The Gear Project encourages Sellers to ship within 3 business days of a completed sale; however, The Gear Project does not guarantee seller shipping timelines and is not liable for delays caused by Sellers. Orders that remain unshipped after 14 days are automatically cancelled, the Buyer is fully refunded, and the Seller forfeits any earnings from that transaction. Repeated failure to ship may result in account suspension or permanent removal from the platform.

Buyers

You are responsible for reading the full Item listing before completing a purchase. When you complete checkout and purchase an Item at the Seller's listed price, you enter into a binding contract with the Seller.

Buyers who wish to inquire about a different price may contact the Seller directly through the Service's messaging feature. Any price adjustment is entirely at the Seller's discretion. If a Seller chooses to lower the listed price, the updated price becomes available to all Buyers on a first-come, first-served basis.

Buyers may save Items to a Wishlist for future reference. Saving an Item to a Wishlist does not reserve the Item or guarantee its availability at any price.

Adding an Item to your cart does not reserve it or guarantee availability. Items are available for purchase by any Buyer until a transaction is completed and confirmed. The Gear Project is not responsible for Items that become unavailable after being added to your cart but before checkout is completed.

Purchases

Buyers may purchase Items from Sellers at the Seller's listed price. Completing checkout constitutes a binding sale transaction for both Seller and Buyer, and no returns, refunds, cancellations, or retractions are allowed, except as permitted by these Terms. Buyer must pay the listed purchase price, state sales taxes, and shipping costs for the Item through the website at the time of purchase. After doing so, Buyer's obligations are complete, unless Buyer requests a disputed return based on the Item being substantially different than what was represented in the listing description and photos. After Buyer pays those amounts with respect to a sale by a Seller, The Gear Project will provide Seller with a prepaid shipping label ("Label"), generated to the sale page on the Seller's account. Shipping costs are paid by the Buyer at checkout and are reflected in the Label provided to the Seller. The Seller is responsible for printing the Label and affixing it to the package before tendering the shipment to the carrier. Once the Label is provided to the Seller, The Gear Project's obligations for that sale are complete.

The Gear Project automatically cancels and fully refunds the Buyer on all unshipped orders after 14 days. The Seller forfeits any earnings from a cancelled transaction. Repeated non-shipment may result in account suspension or permanent removal from the platform.

Shipping labels and carrier services are generated through Shippo, Inc. ("Shippo"), our third-party shipping platform. By using a Label provided by The Gear Project: (i) Seller may only use the Label to ship the applicable Item; (ii) Labels may not be transferred or sold to a third party; (iii) Seller is fully responsible for the contents of any parcels shipped using the Label; (iv) Seller must comply with the terms, conditions, and policies imposed by the carrier used to ship the Items, as well as Shippo's Terms of Service available at goshippo.com/terms; and (v) Seller acknowledges that shipping labels are provided without additional third-party insurance beyond standard carrier coverage. Shipping loss and damage assistance is provided directly by The Gear Project as described below.

Carriers measure and weigh every package. If a package exceeds the dimensions or weight associated with the box size the Seller selected when creating the listing — even by a small amount — the carrier may assess an adjustment fee. These fees can be significant, sometimes adding $10–$40 or more to the shipping cost. Sellers are solely responsible for any carrier adjustment fees resulting from inaccurate package dimensions or weight. The Gear Project reserves the right to pass these charges through to the Seller by issuing a separate invoice. Carriers may report adjustment fees up to 60 days after the completion of a sale, and Sellers remain liable for any such fees assessed within that window regardless of when the original transaction settled. Invoices are due within fifteen (15) days of the invoice date. If a Seller disputes a carrier adjustment fee invoice, the Seller must notify The Gear Project in writing at team@thegearproject.com within ten (10) days of the invoice date, describing the basis for the dispute and providing any supporting documentation (such as photos of the package dimensions or carrier receipts). The Gear Project will review valid disputes and respond within five (5) business days. Undisputed invoices are due upon expiration of the ten (10) day dispute window. By listing on The Gear Project, Sellers agree to pay any valid carrier adjustment fee invoices issued under this provision. Sellers are strongly encouraged to select the correct box size when listing and, when uncertain, to select the next size up — it is always less expensive than an adjustment fee. If a Seller realizes an Item does not fit the box size selected after a listing is published but before a sale is made, the Seller may update the listing at any time. If the listing has already sold and the Seller believes the selected box size is incorrect, the Seller must contact The Gear Project at team@thegearproject.com before shipping so that The Gear Project can assist in identifying the appropriate shipping option.

Shipping Loss and Damage Assistance. In the event that an Item is lost or damaged during shipping, The Gear Project will assist the affected party in filing a claim with the applicable carrier. For shipments made via UPS or USPS, The Gear Project will help Buyers and Sellers navigate the carrier's claims process for losses or damage up to $100, which is the standard carrier-provided coverage level for most insured parcels. For losses or damage to Items with a declared value exceeding the applicable carrier insurance limit, The Gear Project will cover the difference between the carrier's reimbursement and the Item's actual transaction value, subject to a maximum aggregate reimbursement of eight hundred dollars ($900.00) per transaction. For clarity, this $900.00 limit is a per-transaction cap and represents the total amount The Gear Project will pay across all claims arising from a single shipment, inclusive of any carrier reimbursement already received. Coverage under this provision applies only to Items shipped using a Label generated through The Gear Project's platform and does not apply to shipments arranged independently by Buyers or Sellers outside of the platform. Claims must be reported to The Gear Project within 7 days of the carrier's confirmed delivery date or, in the case of a lost shipment, within 7 days of the date the order is deemed lost by the carrier. The Gear Project reserves the right to require documentation, including photographs, carrier claim confirmations, and proof of Item value, before issuing any reimbursement under this provision.

Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify The Gear Project of any issues with the Item within 72 hours of delivery of the Item, as determined by the tracking information on the Label), then The Gear Project will credit Seller's account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus The Gear Project's commission, as set forth in the Fee Policy. The Gear Project reserves the right to reprocess the original payment on incorrectly refunded orders or refunded orders that were subsequently delivered. Seller payouts are processed through Stripe, Inc., and the timing of fund disbursement to Sellers is subject to Stripe's standard payout schedule, which may vary based on the Seller's account type, location, and Stripe's processing requirements. Sellers should consult Stripe's documentation at stripe.com/docs/payouts for information on expected payout timelines. The Gear Project does not control and is not responsible for delays in fund disbursement caused by Stripe's processing systems or policies. Funds credited to Seller's account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from The Gear Project's chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service.

Returns

General Policy

The Gear Project is a peer-to-peer marketplace. Sellers are not obligated to accept returns for items that are accurately represented in their listing. However, if an item you receive is materially different from its description, you are protected under the dispute process below.

What Qualifies as "Materially Different"

An item is considered materially different if it has a condition, defect, or characteristic that was not disclosed in the listing photos or description and that a reasonable buyer would consider significant. Examples include but are not limited to:

A jacket listed as "like new" that arrives with tears, stains, or broken zippers not shown in photos
Shoes or boots listed as a specific size that are a different size upon arrival
A tent listed as complete that is missing poles or other items needed for assembly
A sleeping bag listed as functional that has a broken zipper or unevenly distributed insulation that cannot be fixed
A backpack with undisclosed broken frames, straps, or buckles
An item that is a different brand, model, or specification than listed

Aesthetic differences that were disclosed or are consistent with the stated condition (e.g., normal wear on a used item listed as "good condition") and lack of cleanliness of item do not qualify.

Dispute Window

All disputes must be initiated within 72 hours of confirmed delivery of the item, as recorded by the carrier's tracking information. After 72 hours — or upon the buyer's approval of the sale, whichever comes first — the transaction becomes non-refundable and funds are released to the seller per the Purchases section of these Terms. In cases where no delivery scan has been recorded by the carrier, the Buyer must contact The Gear Project at team@thegearproject.com within 21 days of the original purchase date to prevent funds from being released to the Seller.

Once payment has been released to the Seller, all sales are final and no refunds will be provided. The 72-hour dispute window set forth in this section governs The Gear Project's internal dispute resolution process only. Nothing in this section is intended to waive, limit, or affect any rights a Buyer may have under the Arizona Consumer Fraud Act, A.R.S. 44-1521 to 44-1534, or any other applicable federal or state consumer protection law. A Buyer who believes that a Seller engaged in deceptive, fraudulent, or unlawful conduct in connection with a transaction may contact the Arizona Attorney General's Consumer Protection Division at azag.gov/consumer regardless of whether the 72-hour internal dispute window has expired.

The Gear Project offers no shipping speed guarantees and is not obligated to grant refunds or returns based solely on delivery timing.

How to Open a Dispute

To open a dispute, the buyer must, within the 72-hour window:

Email team@thegearproject.com with the subject line: Dispute – [Order Number]
Include clear photos of the item as received, showing the issue(s)
Provide a written description of how the item differs from the listing

Disputes submitted without photos or after the 72-hour window will not be eligible for review.

Dispute Resolution Process

Upon receiving a valid dispute, The Gear Project will:

Notify the seller within 2 business days
Review submitted photos and listing documentation
Issue a determination within 5 business days of opening the dispute

What Sellers Can Expect. When a buyer files a dispute, The Gear Project will notify you within 2 business days. We will review the buyer's submitted photos alongside your original listing photos and description. If the item is found to be materially different from what you represented in your listing, you will be required to provide a prepaid return shipping label at your cost so the buyer can return the item to you. If your listing is found to be accurate and the item matches your description, the dispute will be closed in your favor and funds will be released to you as normal. The Gear Project's review is based solely on the photos and description provided at the time of listing — accurate, detailed listings are your best protection. If you disagree with The Gear Project's initial determination, you may submit a written escalation request to team@thegearproject.com within three (3) business days of receiving notice of the determination. Your escalation request must include a written explanation of your disagreement and any supporting evidence not previously submitted, such as additional photographs or communications with the Buyer. The Gear Project will conduct a secondary review and issue a final determination within five (5) business days of receiving the escalation request. The Gear Project's determination following the secondary review is final with respect to The Gear Project's internal dispute resolution process.

If The Gear Project determines the item is materially different from its listing and the issue cannot be resolved between buyer and seller, the following applies:

The seller is responsible for providing a prepaid return shipping label or reimbursing the buyer directly for return shipping costs before the item is shipped back
Once the item is confirmed shipped by the buyer, the transaction will be refunded to the buyer
Refund timing is subject to Stripe's standard processing schedule, which is generally three (3) to ten (10) business days from the date the refund is initiated, depending on the Buyer's payment method and financial institution. Buyers should consult Stripe's documentation at stripe.com for additional information. The Gear Project is not responsible for delays in refund processing caused by Stripe's systems or the Buyer's financial institution.

Funds and Payment Hold

All buyer funds are held by Stripe and are not released to the seller until the transaction is complete — either upon buyer approval or expiration of the 72-hour dispute window, whichever comes first. The Gear Project does not control the timing of Stripe's release process beyond these parameters.

Arizona Consumer Protection

The Gear Project conducts business in the State of Arizona and is subject to the Arizona Consumer Fraud Act, A.R.S. §§ 44-1521 to 44-1534, which prohibits deceptive or unfair acts or practices in connection with the sale or advertisement of merchandise. Nothing in these Terms of Service is intended to waive, limit, or disclaim any rights a consumer may have under the Arizona Consumer Fraud Act or any other applicable state or federal consumer protection law. Arizona users who believe they have experienced consumer fraud or deceptive business practices may file a complaint with the Arizona Attorney General's Consumer Protection Division at azag.gov/consumer or by calling (800) 352-8431, in addition to contacting The Gear Project directly at team@thegearproject.com.

Final Internal Administrative Determinations

The Gear Project's dispute determinations are final with respect to The Gear Project's internal dispute resolution process. By using the Service, both buyers and sellers agree that this process constitutes the exclusive internal administrative remedy for item condition disputes. Any disputes not resolved through this internal process are subject to the Arbitration and Dispute Resolution clause in these Terms. Nothing in this section shall be construed to waive, limit, or affect any rights a Buyer or Seller may have under the Arizona Consumer Fraud Act, A.R.S. 44-1521 to 44-1534, or any other applicable federal or state law.

Access and Use of the Service

Services Description

This Agreement applies to all The Gear Project services, including The Gear Project mobile app (on any and all formats or devices) and the website located at www.thegearproject.com (collectively, the "Service"). The Service is a technology platform that provides an online marketplace for outdoor recreation gear in which consumers can list and sell their items, and buyers can browse and purchase such items. The Gear Project facilitates transactions between Buyers and Sellers but does not itself buy, sell, or take title to any items listed on the Service. Users who purchase Items through the Service are "Buyers," and users who list and sell Items through the Service are "Sellers." A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller. The Service includes pricing and listing assistance and shipping facilitation. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but The Gear Project has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; (b) the truth or accuracy of Sellers' content or listings on the Service; (c) the ability of Sellers to sell Items through the Service or ship Items in a timely manner; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service.

Your Registration Obligations

You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Please refer to the Age Requirements section below for eligibility based on age. Additionally, The Gear Project reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. By completing registration, you will be required to affirmatively confirm via checkbox that you have read and agree to these Terms of Service. This confirmation constitutes your electronic acceptance of this Agreement.

Age Requirements

You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years of age are not permitted to use The Gear Project or the Services. You are responsible for all account activity conducted by a minor on your account. Where a minor uses the Service through a parent's or legal guardian's account, the parent or legal guardian — and not the minor — is the contracting party with respect to any transaction or agreement entered into through that account. By permitting a minor to use your account, you, as the parent or legal guardian, assume full legal responsibility for all transactions and obligations arising from such use, and you agree that you waive any right to disaffirm such transactions on the minor's behalf that might otherwise exist under A.R.S. 44-131 or any other applicable law. The Gear Project does not knowingly permit minors to create their own independent accounts or enter into binding contracts in their own name.

Username

When registering you may select any username available so long as the name is appropriate. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone's intellectual property rights, or otherwise violates these Terms and Conditions of Use.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. To help protect your account, you should select a strong, unique password that is not used for any other online account, and update it regularly. You should not share your password with any third party. If The Gear Project makes multi-factor authentication or other enhanced security features available, you are encouraged to enable them. You agree to (a) immediately notify The Gear Project of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Gear Project will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service

The Gear Project reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Gear Project shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that The Gear Project may establish general practices and limits concerning use of the Service. You agree that The Gear Project has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that The Gear Project reserves the right to terminate accounts that have been inactive for a period of twenty-four (24) consecutive months or more. Prior to terminating an inactive account, The Gear Project will provide the account holder with at least thirty (30) days' advance written notice to the email address associated with the account. If the account holds any unredeemed seller credits at the time of termination, The Gear Project will make reasonable efforts to disburse those funds to the Seller through a permitted payment method before the account is closed. You further acknowledge that The Gear Project reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services

When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

Android-Enabled Software Applications

The Gear Project offers Software applications available through the Google Play Store. With respect to Software made available for your use in connection with an Android device (such Software, "Android-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

The Gear Project and you acknowledge that these Terms are concluded between The Gear Project and you only, and not with Google LLC ("Google"), and that as between The Gear Project and Google, The Gear Project, not Google, is solely responsible for the Android-Enabled Software and the content thereof.
You may not use the Android-Enabled Software in any manner that is in violation of or inconsistent with the Google Play Terms of Service.
Your license to use the Android-Enabled Software is limited to a non-transferable license to use the Android-Enabled Software on an Android device that you own or control.
Google has no obligation whatsoever to furnish any maintenance or support services with respect to the Android-Enabled Software.
Google is not responsible for any product warranties, whether express or implied by law. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Android-Enabled Software to conform to any applicable warranty will be The Gear Project's sole responsibility, to the extent not disclaimed under applicable law.
The Gear Project, not Google, is responsible for addressing any claims of you or any third party relating to the Android-Enabled Software or your possession and/or use of that Android-Enabled Software, including: (i) product liability claims; (ii) any claim that the Android-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Android-Enabled Software infringes that third party's intellectual property rights, The Gear Project, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
If you have any questions, complaints or claims with respect to the Android-Enabled Software, please contact us at team@thegearproject.com.

Conditions of Use

User Conduct

You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by The Gear Project. The Gear Project reserves the right to investigate and take appropriate legal action against anyone who, in The Gear Project's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree not to use the Service to:

sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of The Gear Project, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Gear Project or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
take any transaction or communications off-site;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law, or any regulations having the force of law;
engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection anti-spam, data protection, or privacy legislation in any jurisdiction;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content filtering techniques, or code of the Services you are not authorized to access;
use or attempt to use another user's account without authorization from The Gear Project or that user;
engage in any harassing, intimidating, predatory, spamming, or stalking conduct;
take any action that may undermine the seller rating or review system; or
develop or use any applications that interact with User Content or our Services without our prior written consent.

Disclaimer of Warranties and Used Items

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GEAR PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE ITEMS SOLD BY THE SELLERS. CONDITION RATINGS ASSIGNED TO ITEMS (INCLUDING "LIKE NEW," "EXCELLENT," "VERY GOOD," AND "GOOD") ARE SELF-REPORTED BY SELLERS AND ARE NOT INDEPENDENTLY VERIFIED, INSPECTED, OR WARRANTED BY THE GEAR PROJECT. THE GEAR PROJECT MAKES NO REPRESENTATION OR WARRANTY THAT ANY ITEM'S ACTUAL CONDITION CORRESPONDS TO THE CONDITION RATING ASSIGNED BY THE SELLER.

THE GEAR PROJECT MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

All products available for purchase on the Service are classified as used. By purchasing such products, you acknowledge and agree that the product(s) are provided on an "as is" basis and that The Gear Project, to the fullest extent permitted by applicable law, makes no representations, covenants or warranties and disclaims all warranties, express or implied, including but not limited to warranties of quality, merchantability, fitness for a particular purpose, non-infringement, and warranties that the product(s) are free from defects. You further acknowledge and agree that you assume full responsibility and risk for the purchase and use of the product(s) and any defects therein (whether known or latent), and that The Gear Project will not be liable for any losses or damages of any kind arising from use of the product(s), including but not limited to direct, indirect, incidental, punitive and consequential damages or any loss of profit, revenue, opportunity or data.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Pricing Guidance

All pricing guidance displayed on the Service (including guidance displayed to Sellers while listing items and also guidance shown as part of the "How Much Is Your Gear Worth" tool or "Value Guide") is designed for The Gear Project users that bases its information on recent transactions on the Site or relevant external market data. The Gear Project does not warrant its accuracy nor guarantee that items will sell within any stated parameters.

Retail prices on items offered by sellers are provided by such sellers at their sole discretion and must be truthful and accurate.

Intellectual Property Rights

Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain images and descriptions of outdoor recreation gear items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Gear Project, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service is the property of The Gear Project, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service. Any rights not expressly granted herein are reserved by The Gear Project.

The Gear Project name and logos are trademarks and service marks of The Gear Project (collectively the "The Gear Project Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Gear Project. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Gear Project Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Gear Project Trademarks will inure to our exclusive benefit.

Apple-Enabled Software Applications

The Gear Project offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

The Gear Project and you acknowledge that these Terms are concluded between The Gear Project and you only, and not with Apple, and that as between The Gear Project and Apple, The Gear Project, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be The Gear Project's sole responsibility, to the extent it cannot be disclaimed under applicable law.
The Gear Project and you acknowledge that The Gear Project, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between The Gear Project and Apple, The Gear Project, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact us at team@thegearproject.com.
The Gear Project and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Electronic Communications

When you use the Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content. By registering for or using the Service, you agree to conduct transactions by electronic means, and you acknowledge that this Agreement and all related records and communications are governed by the Arizona Electronic Transactions Act, A.R.S. 44-7001 to 44-7051. Your affirmative checkbox confirmation at registration constitutes a valid electronic signature within the meaning of A.R.S. 44-7002(8) and creates a legally binding agreement between you and The Gear Project to the same extent as a handwritten signature. Electronic records related to your account and transactions will be retained by The Gear Project in accordance with applicable law and these Terms.

Third Party Material

Under no circumstances will The Gear Project be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that The Gear Project does not pre-screen items or content, but that The Gear Project and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. DO NOT POST MANUFACTURERS MARKETING AND ADVERTISING PHOTOS as part of your listing — THEY WILL BE REMOVED as you do not have permission to use their photography.

Without limiting the foregoing, The Gear Project and its designees shall have the right to remove any item or content that violates this Agreement or is deemed by The Gear Project, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site

You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to The Gear Project and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of The Gear Project, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as social media platforms, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that your User Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

The Gear Project does not control the User Content provided by users that is made available on the Service and is not under any obligation to review any Content posted by our users, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content and may remove or delete all or any portion of the Content at any time.

You understand that The Gear Project is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against The Gear Project with respect to such Content. Any and all Content you upload is not considered confidential by The Gear Project, will be treated as public information, and is intended to be shared with other users of our Services as well as third parties, all in The Gear Project's sole discretion. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to The Gear Project are non-confidential and The Gear Project shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that The Gear Project may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Gear Project, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

Infringement Policy

The Gear Project respects the intellectual property of others, and we ask our users to do the same. The Gear Project will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
your name, address, telephone number, and email address;
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Federal District Court for the District of Arizona, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

If a counter-notice is received, The Gear Project will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to The Gear Project by email at team@thegearproject.com or by mail at:

The Gear Project LLC PO Box 4010 Sedona, AZ 86336

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Gear Project has no control over such sites and resources and The Gear Project is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Gear Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Gear Project is not liable for any loss or claim that you may have against any such third party.

Affiliate and Referral Relationships

The Gear Project may enter into affiliate, referral, or promotional partnerships with third-party businesses and organizations ("Affiliate Partners") who direct users to the Service. These relationships are governed by separate agreements between The Gear Project and each Affiliate Partner. The existence of an affiliate or referral relationship does not affect the price you pay for any Item, the commission charged to Sellers, or any other terms under which you transact on the platform. The Gear Project may pay or receive compensation in connection with these referral arrangements without any obligation to disclose the specific terms of such arrangements to users.

Regardless of how you arrive at the Service — whether through an Affiliate Partner, a referral link, a promotional code, or directly — your use of the Service is governed solely by these Terms of Service. Affiliate Partners have no authority to modify these Terms, create obligations on behalf of The Gear Project, or make representations about the Service beyond what is published at www.thegearproject.com. The Gear Project is not responsible for the content, claims, or promotions made by Affiliate Partners in their own communications to their audiences, and requires all Affiliate Partners to comply with applicable FTC disclosure requirements when promoting the Service.

Indemnity and Release

YOU AGREE TO INDEMNIFY AND HOLD THE GEAR PROJECT AND (AS APPLICABLE), AFFILIATES, OFFICERS, DIRECTORS, AGENTS, MEMBERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS, THE PRIVACY POLICY, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES. THIS INDEMNIFICATION OBLIGATION DOES NOT APPLY TO ANY CLAIM OR DEMAND ARISING FROM THE GEAR PROJECT'S OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT.

Seller Indemnification

As a Seller on The Gear Project, you agree to defend, indemnify, and hold harmless The Gear Project, and (as applicable) its subsidiaries, officers, directors, members, employees, agents, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Misrepresentation. Any claim by a buyer or third party arising from your inaccurate, incomplete, or misleading listing description, photos, or representations about an item you sold through the Service;
(b) Counterfeit or Inauthentic Goods. Any claim arising from your sale of counterfeit, replica, or inauthentic goods, including but not limited to items falsely represented as a particular brand, model, or specification;
(c) Title and Ownership. Any claim arising from your sale of an item you did not have full legal right to sell, including stolen goods or items subject to a lien or encumbrance;
(d) Condition. Any claim arising from undisclosed defects, damage, or wear in items you listed or sold through the Service;
(e) Violation of Law. Any claim arising from your violation of any applicable federal, state, or local law, regulation, or third-party right in connection with your use of the Service or sale of any item.

This indemnification obligation will survive termination of your account and these Terms of Service. The Gear Project reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with The Gear Project in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL THE GEAR PROJECT, AND (AS APPLICABLE) THE GEAR PROJECT'S SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE GEAR PROJECT'S SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL BE CONSTRUED TO LIMIT THE GEAR PROJECT'S OBLIGATIONS UNDER APPLICABLE DATA BREACH NOTIFICATION LAW, INCLUDING A.R.S. 18-551 AND 18-552, OR TO LIMIT ANY REMEDIES AVAILABLE TO AFFECTED INDIVIDUALS UNDER APPLICABLE STATE OR FEDERAL LAW IN CONNECTION WITH A SECURITY SYSTEM BREACH INVOLVING THEIR PERSONAL INFORMATION.

THE GEAR PROJECT'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE GEAR PROJECT'S SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE GREATER OF: (A) THE TOTAL VALUE OF THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, AS DOCUMENTED IN THE GEAR PROJECT'S RECORDS, OR (B) ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION IS AN AGGREGATE LIMIT AND SHALL NOT BE EXPANDED ON ACCOUNT OF MULTIPLE CLAIMS, REGARDLESS OF THEIR NATURE OR EXTENT.

THE GEAR PROJECT WILL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES (EVEN IF THE GEAR PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FROM YOUR MISUSE OF THE WEBSITE, YOUR INABILITY TO ACCESS AND USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. THIS LIMITATION WILL ALSO APPLY TO DAMAGES INCURRED BY YOUR INABILITY TO ACCESS THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and The Gear Project, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any Items purchased from Sellers, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and The Gear Project are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act (9 U.S.C. 1 et seq.) governs the interpretation and enforcement of this Arbitration Agreement and, to the extent not preempted by the Federal Arbitration Act, the Arizona Uniform Arbitration Act, A.R.S. 12-3001 to 12-3029, shall apply. Notwithstanding any provision of this Arbitration Agreement, nothing herein shall be construed to waive, limit, or restrict any rights a consumer may have under the Arizona Consumer Fraud Act, A.R.S. 44-1521 to 44-1534, or any other applicable federal or state consumer protection statute that, by its terms, may not be waived by contract. An arbitrator hearing a claim under this Arbitration Agreement shall have authority to award all relief available under applicable Arizona and federal consumer protection law.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND THE GEAR PROJECT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE GEAR PROJECT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT BE CONSTRUED TO PROHIBIT PUBLIC INJUNCTIVE RELIEF IN THE STATE OF CALIFORNIA.

c. Pre-Arbitration Dispute Resolution

The Gear Project is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us at team@thegearproject.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, a Notice of Dispute ("Notice"). The Notice to The Gear Project should be sent by email to team@thegearproject.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If The Gear Project and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or The Gear Project may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Gear Project or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Gear Project is entitled. If you fail to participate in the pre-dispute resolution procedure outlined in this section prior to filing an arbitration demand, the arbitrator shall administratively dismiss the demand and The Gear Project shall not be responsible for any fees associated with that arbitration. Notwithstanding this general arbitration agreement, a party may file a court action to enjoin an improperly filed arbitration.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless The Gear Project and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, The Gear Project agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, The Gear Project will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Agreement to the contrary, The Gear Project agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending The Gear Project written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

Termination

You agree that The Gear Project, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if The Gear Project believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Gear Project may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that The Gear Project may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. If your account is suspended or terminated and you believe the action was taken in error, you may submit a written appeal to team@thegearproject.com within fifteen (15) days of the date of the suspension or termination notice. The Gear Project will review timely appeals and respond within ten (10) business days, though The Gear Project's decision following review is final. In the event of account termination, any unredeemed seller credits held in your account at the time of termination will be disbursed to you through a permitted payment method within thirty (30) days of termination, except where the termination results from fraudulent activity, violation of these Terms, or as otherwise required by law. Further, you agree that The Gear Project shall not be liable to you or any third-party for any termination of your access to the Service, except as expressly provided in this section.

User Disputes

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and The Gear Project will have no liability or responsibility with respect thereto. The Gear Project reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

This Agreement constitutes the entire agreement between you and The Gear Project and governs your use of the Service, superseding any prior agreements between you and The Gear Project with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Agreement shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. With respect to any disputes or claims, you and The Gear Project agree to submit any and all such disputes to binding arbitration as outlined in the "Dispute Resolution by Binding Arbitration" section, above, which is governed by the Federal Arbitration Act (9 U.S.C. 1 et seq.) and, to the extent not preempted, by the Arizona Uniform Arbitration Act, A.R.S. 12-3001 to 12-3029. In the event that any such dispute is deemed not arbitrable by any adjudicatory body with authority to make such a finding, you and The Gear Project agree to submit to the personal jurisdiction of the state and federal courts located within Arizona to resolve the dispute. The failure of The Gear Project to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred; provided, however, that this contractual limitation period shall not apply to: (a) claims arising under the Arizona Consumer Fraud Act, A.R.S. 44-1521 to 44-1534, which carry a one-year statutory limitation period from the date the claim arises; (b) claims on written contracts under A.R.S. 12-548, which carry a six-year statutory limitation period; or (c) any other claim for which applicable Arizona or federal law mandates a longer limitation period that may not be shortened by contract. This electronic document and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing" and to comply with all statutory, contractual, and other legal requirements for a writing under the Arizona Electronic Transactions Act, A.R.S. 44-7001 to 44-7051, and any other applicable law; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings or arbitration 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. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail except as otherwise provided. The Gear Project may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service, except as otherwise provided.

Your Privacy

At The Gear Project, we respect the privacy of our users. For full details, please see our Privacy Policy at www.thegearproject.com/privacy. By using the Service, you consent to our collection and use of personal data as outlined therein. In connection with your use of the Service, The Gear Project collects certain categories of personal information, including your name, email address, mailing address, account credentials, and transaction history. The Gear Project does not collect or store payment card or bank account information, which is handled exclusively by Stripe, Inc. as described in the Financial Data and Payment Processing section of these Terms. Personal information collected by The Gear Project is used to operate the Service, facilitate transactions, communicate with you, and comply with applicable legal obligations, including Arizona's data breach notification law, A.R.S. 18-551 and 18-552.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Proposition 65 — California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 ("Prop 65") requires manufacturers, producers, packagers, importers, suppliers or distributors (the "Notice Parties") of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. We encourage all The Gear Project users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on The Gear Project. You agree to indemnify and hold The Gear Project harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

Questions? Concerns? Suggestions?

Please contact us at team@thegearproject.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.

The Gear Project LLC PO Box 4010 Sedona, AZ 86336 team@thegearproject.com