By signing up for the Break Gear service (“Service”) or any of the services of Break Gear (“Break Gear”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Break Gear under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time on our site. Break Gear reserves the right to update and change the Terms of Service by posting updates and changes to the Break Gear website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Break Gear or any Break Gear services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Break Gear account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Break Gear may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Break Gear will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Break Gear cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Break Gear will result in an immediate termination of your services.
You are responsible for your Account and any Materials you upload to the Break Gear Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Break Gear Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 PayPal Express Checkout and Break Gear Payments Accounts
- Upon completion of sign up for the Service, Break Gear will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Break Gear may also create a Break Gear Payments account on your behalf.
- You acknowledge that PayPal Express Checkout and/or Break Gear Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.
2.3 Apple Pay for Safari Account
- Upon completion of sign up for the Service, Break Gear will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Break Gear may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 16 of these Terms of Service.
- If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your store using Apple Pay.
- By using Apple Pay on your store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your store.
2.4 Domain Names
- Upon purchasing a domain name through Break Gear, domain registration will be preset to automatically renew each year so long as your Break Gear Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the Break Gear Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Washington and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Washington with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Break Gear may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Break Gear’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Break Gear’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Break Gear service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the State of Washington. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Break Gear.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Break Gear or Break Gear trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Break Gear’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
The Break Gear service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the State of Washington.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Break Gear Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Break Gear customer, Break Gear employee, member, or officer will result in immediate Account termination.
- Break Gear does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Break Gear employees and contractors may also be Break Gear customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Break Gear retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Break Gear reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Break Gear account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
- You expressly understand and agree that Break Gear shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Break Gear or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Break Gear partners, officers, directors, agents, employees, and suppliers 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 of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Break Gear does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Break Gear does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Break Gear does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Break Gear to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Break Gear and govern your use of the Service, superseding any prior agreements between you and Break Gear (including, but not limited to, any prior versions of the Terms of Service).
If Break Gear chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Break Gear don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Break Gear service. All Materials you upload remains yours. You can remove your Break Gear store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Break Gear to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Break Gear can, at any time, review all the Materials submitted to its Service, although Break Gear is not obligated to do so.
- You retain ownership over all Materials that you upload to a Break Gear store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Break Gear shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
8. POS Services
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Break Gear POS software (“POS Software”), the Break Gear POS website, programs, documentation, apps, tools, internet-based services and components, Break Gear’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Break Gear.
- Access to and use of the POS Services requires that you have an active and valid Account.
- If your POS Services are enabled with Break Gear Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must the same as that used for your Online Services, if applicable.
- You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
- You agree to use the POS Services in accordance with all procedures that may be provided by Break Gear from time to time.
- While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
- POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sub-licensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy. Returns and refunds are not available for physical gift cards purchased from the Break Gear Hardware Store.
- The Fees for POS Services shall be determined based on the number of locations using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Break Gear web administrative console. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular Billing Cycle. In the event of any discrepancy between the number of locations added by you through the Break Gear web administrative console and the number of locations detected by Break Gear, the number of locations detected by Break Gear shall be deemed to be correct.
If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except physical gift cards.
9. Break Gear Shipping
If you are located in either Canada or the United States, you can purchase shipping labels from within your Break Gear administrative console (“Break Gear Shipping”) for delivery of goods purchased from your Break Gear Store. In addition to these Terms of Service, your access to and use of Break Gear Shipping is subject to the Break Gear Shipping Terms of Service.
10. Theme Store
- You may establish the appearance of your Break Gear store with a design template from Break Gear’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. To initiate a transfer of a Theme to a second one of your stores, please email email@example.com. You are not permitted to transfer or sell a Theme to any other person’s store on Break Gear or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Break Gear gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your store. Break Gear may add or modify the footer that refers to Break Gear at its discretion. Break Gear may modify the Theme where it contains, in our sole discretion, an element that violates the Break Gear AUP or the Terms of Service, even if you received the Theme in that condition. Break Gear may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Break Gear may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and Break Gear accepts no responsibility to provide such support. Break Gear may be able to help you contact the designer.
- It is the responsibility of the user, and not Break Gear, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
11. Break Gear Experts
- Break Gear Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Break Gear store. Break Gear does not employ Experts and is in no way affiliated with Experts.
- Break Gear does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Break Gear and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall Break Gear be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Break Gear experts. These limitations shall apply even if Break Gear has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of Break Gear and we are not responsible for them.
12. Product Search
- Break Gear Product Search is an online service available (the “Product Search Site”) that allows you to list goods available for wholesale purchase by third parties (“Product Search Content”).
- Break Gear does not pre-screen Product Search Content and we may refuse or remove any Product Search Content on the Product Search Site at any time and in our sole discretion. We may, but have no obligation to, review and remove Product Search Content containing Materials that we determine in our sole discretion violate the Break Gear AUP or the Terms of Service.
- You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Product Search Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
- The Terms apply to the sale or offering of sale of any Product Search Content, and you agree to comply with the Terms regardless of whether or not the transaction respecting Product Search Content is processed using the Services.
- Break Gear reserves the right, in its sole discretion, to increase the Transaction Fees applicable to the sale of any Product Search Content.
- Under no circumstances shall Break Gear be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Product Search Content or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Break Gear has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
The Product Search tool is provided by Break Gear “as is” and Break Gear is not responsible or liable for any sale arising from your use of the tool. You should have a suitable written agreement in place with any person that purchases goods wholesale from you. These Terms of Service apply to you regardless of whether your wholesale transaction occurs on the Break Gear platform. Your Transaction Fees may be higher if you sell wholesale on the Break Gear platform.
13. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Break Gear will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Break Gear will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Break Gear’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Break Gear administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Break Gear’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Break Gear’s products and services, including without limitation, your subscription to or purchase of Break Gear’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to firstname.lastname@example.org.
- Break Gear does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
14. Cancellation and Termination
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Break Gear’s response.
- Upon termination of the Services by either party for any reason:
- Break Gear will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Break Gear for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
- If you purchased a domain name through Break Gear, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Break Gear Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Break Gear may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email firstname.lastname@example.org. Break Gear will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Break Gear will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
15. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from Break Gear. Such notice may be provided at any time by posting the changes to the Break Gear Site (Break Gear.com) or the administration menu of your Break Gear store via an announcement.
- Break Gear reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Break Gear shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
16. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Break Gear’s partners or other third parties.
- Break Gear may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Break Gear App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Break Gear’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Break Gear has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Break Gear’s websites, including the Break Gear App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Break Gear. Break Gear strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Break Gear is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
- Under no circumstances shall Break Gear be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Break Gear has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Break Gear partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the Break Gear platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
17. DMCA Notice and Takedown Procedure
Break Gear supports the protection of intellectual property and asks Break Gear merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Break Gear’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Break Gear respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Break Gear a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
14751 N Kelsey St. Suite 105-618 Monroe, WA 98272