Terms of Use

Last Updated: 10/20/20

Introduction

VayK Gear takes its relationship with its users very seriously and works within its powers to protect them from fraud, abuse, and more.  This Terms of Use Agreement (“Agreement”) sets forth the relevant legal obligations, defines our responsibilities to our users, and outlines the methods with which we handle any fraudulent or illicit activity on VayK Gear.

1. Preliminary Terms

  1. This VayK Gear User Agreement constitutes a legally binding agreement between you (the end user) and VayKGear.com (the “Site”).  The parties are further defined below.  It is essential that you read and understand these terms and conditions.  PLEASE READ AND PRINT THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS YOU MUST ABSTAIN FROM USING ANY SERVICES IN CONNECTION WITH VAYK GEAR.
  2. You may be required from time to time to indicate your acceptance of this Agreement by marking a checkbox or other method; however, by accessing VayKGear.com or using any of the Services, you are confirming your understanding and acceptance of the terms and conditions contained in this Agreement and as modified or changed from time to time in accordance with this Agreement.  This Agreement is deemed accepted and signed by virtue of the use of VayKGear.com by you, or by your use of any of the Services.
  3. Should you have any questions regarding the interpretation of this Agreement, you should seek independent legal advice.  It is important that you read these terms and conditions carefully before accepting this Agreement.  You are encouraged to print, copy, or otherwise save this Agreement in its entirety and store it along with all confirmation emails, any additional terms, transaction data, and all other policies, procedures, regulations incorporated herein by reference and any and all modifications prior to accepting its terms and conditions.  VayK Gear will not file or maintain a record of your acceptance of this Agreement.  The terms and conditions contained herein represent the complete and final Agreement between you and VayK Gear and supersede any and all prior agreements, representations, or statements made by you or VayK Gear.
  4. The obligations contained in this Agreement are those of VayK Gear and do not extend to its agents, employees, customer service representatives, merchants, vendors, contractors, managers, owner(s), attorneys, staff, affiliates, affiliated corporations, or entities.  Any, some, or all of the rights, terms and conditions contained in this Agreement are assignable by VayK Gear from time to time in its discretion.  Upon any such assignment, you agree that any, some, or all rights, liabilities, conditions and terms associated with this Agreement will be transferred to such assignee(s), thereby releasing VayK Gear of some or all obligations and liabilities associated with being a party to this Agreement.  If all rights, obligations, and responsibilities are assigned by VayK Gear, the assignee and you will continue as the only parties to this Agreement.  You agree that you shall be responsible for any and all fees and costs of collections and/or enforcement actions taken pursuant to this Agreement and with respect to any rights assigned pursuant to this Agreement.  “You” includes the individual end-user and, if applicable, your heirs, estate, issue, and spouse.  Notwithstanding the foregoing, the obligations of VayK Gear under this Agreement extend to the end-user alone and do not extend to your heirs, estate, issue, or spouse.
  5. VayK Gear reserves the right to modify and amend this Agreement at any time with or without notice to you.  Such amendments will become effective immediately upon being posted by VayK Gear.  It is your sole responsibility to review this Agreement and amendments made from time to time.  Any such amendments to this Agreement will supersede the prior Agreement(s) unless otherwise expressly indicated in such amendment(s).
  6. Although this Agreement represents the primary terms and conditions of service for the Site, additional guidelines and rules are hereby incorporated by reference.  The document(s) which can be found on the Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following: Privacy Policy and Equipment Terms and Conditions.

2. Explanation of Access to Services

  1. Subject to the terms and conditions contained herein, VayK Gear grants you a non-exclusive, personal, non-transferable, and non-sub-licensable right to access and use the Site only to access VayKGear.com and use the Services offered.
  2. All other material used in any media, correspondence, production, or demonstration by VayK Gear including but not limited to the software, images, graphics, photographs, animations, videos, music, audio, advertisements, text, and all related intellectual property rights are owned by VayK Gear and/or its affiliated companies, licensors, parent companies, and its related companies and associated groups.  You have no rights in or to any such material.  All proprietary rights are reserved.

3. Special Considerations Regarding Account Access

  1. VayK Gear reserves the right to request that you produce proper documentation as proof of your age, identity, and place of residence.  Proper documentation may include, but is not limited to, a valid government-issued identification card, passport, utility bill(s), copy of credit card (both sides), copy of credit card statement, and any other documentation deemed necessary to verify information provided to VayK Gear by you.  In addition, the name on your account must match your true and legal name and identity and the name that is provided on your account registration must match the name that is found on any payment.  Without limitation, failure to timely provide full and true information regarding your identity or failure to timely provide documentation as evidence of your identity may result in your account being closed, this Agreement being terminated, and/or VayK Gear taking  other actions or remedies set forth in this Agreement.
  2. VayK Gear may engage third-party electronic payment processors and/or financial institutions to process transactions related to your account.  You hereby authorize VayK Gear to instruct such payment processors to handle deposits and withdrawals from your account in accordance with requests made by you using the Services.  You shall be bound by the terms and conditions of the payment processors.  VayK Gear shall not be liable for unlawful behavior or misconduct of any payment processor.
  3. You agree to use all of the Services provided to you by VayK Gear in accordance with this Agreement and all of the rules and procedures associated with the Services as they are made available to you.  All such rules and procedures are incorporated by reference into this Agreement.  Such rules and procedures include but are not limited to, security rules and policies, privacy rules and policies, and any other rule or policy that is communicated to you by VayK Gear on its website or associated websites.  You agree not to participate in any Services where prohibited by law.

4. Restrictions and Regulations Governing Use of the Services

  1. Under no circumstance shall you modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the VayK Gear website or any part thereof or to create, publish, or distribute derivative works based upon the website.  You may not attempt to gain access to the VayK Gear website in any unauthorized or malicious manner.  Without limitation, if VayK Gear deems you to be in breach of this provision or conceiving and conspiring to breach this provision, this Agreement may be terminated and/or VayK Gear may take any of the other actions or remedies set forth in this Agreement.
  2. If VayK Gear deems that you have engaged in fraudulent, unlawful, dishonest, or improper activity while using the VayK Gear website or Services, including but not limited to any of the activities described above or any other fraudulent activity including but not limited to, the use of a stolen credit card or the chargeback of money, any type of money laundering or related activity, any type of perceived suspicious or criminal activity or any activity that gives reason to suspect suspicious or criminal activity, this Agreement may be terminated and/or VayK Gear may take any of the other actions or remedies set forth in this Agreement.  Without limitation, VayK Gear reserves the right to disclose recorded data or communications related to your account to the relevant authorities if and when required by applicable law.

5. Warranty Disclaimer

THE SERVICES ARE PROVIDED TO YOU BY VAYK GEAR “AS IS” WITHOUT ANY WARRANTY OF ANY NATURE.  IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED.  The risk arising out of the use of the Services remains with you.  VayK Gear disclaims all warranties of any kind including but not limited to, express or implied, and warranties for completeness or accuracy.  You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Site and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Site.  Nor do we guarantee that you will be able to access or use all parts of this Site.  You understand that we will have no liability to you for any inaccessibility, including liability to issue a refund or any other transaction reversal because of inaccessibility.  We may suspend access to this Site temporarily and without notice for system failure, maintenance, repair, or reasons beyond our control.  We reserve the right to modify or discontinue this Site with or without notice to you.  We will not be liable to you or any third-party if we exercise our right to modify or discontinue the Site.  We may immediately suspend, terminate, or block your access to this Site if we reasonably believe that you have violated this Agreement.

6. Limitation of Liability

  1. In no event shall VayK Gear, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services; unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; interruption or cessation of transmission to or from our Services; bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Services by any third-party; errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not VayK Gear is advised of the possibility of such damages.
  2. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  VayK Gear makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  3. You further acknowledge that under no circumstances shall VayK Gear be liable for any use or misuse of its Services, including but not limited to claims related to breach of contract, tort, intentional interference with contractual or advantageous business relationships, data breach, identity or password theft, fraud, misrepresentation, deceptive trade practices, libel, slander, harassment, cyber-bullying, spam, false advertising, cheating, or any other claim regardless of legal theory or label.

7. Customer Support

In an effort to keep users fully informed, VayK Gear may send out communications by way of email and text message.  By utilizing the VayK Gear Services you agree to receive such communications from the staff of VayK Gear.  You also agree to maintain accurate account information and an up-to-date email address and telephone number for receiving such communications, and acknowledge your responsibility to frequently review such communications and remain up to date on all correspondence from VayK Gear.  Communications may include, but are not limited to, information relevant to any updates or changes that may occur, information about new features and security, promotional communications, and any other communications relevant to you as a member of the VayK Gear community.  You should assume that all correspondence between yourself and the staff of VayK Gear will be recorded and may be used to improve customer service or as evidence in a dispute.

8. You are Responsible for Your Connection to VayK Gear

You are solely responsible for your telecommunications networks, hardware, and Internet access services that allow you to connect to and use the Services.  VayK Gear will not be liable or accept any responsibility for damages resulting from a connectivity issue, including but not limited to issues, errors, failures related to computer hardware insufficiencies, or failures, network connectivity issues whether they be incidental or intentional.  VayK Gear shall not be a party to any dispute between you the user and a telecommunications provider, and in no way do the relationships between any telecommunications provider and you have any effect on your obligations under this Agreement.

9. Breach

You agree to compensate VayK Gear in full for any costs or losses including but not limited to, reasonable legal fees incurred by VayK Gear in association with any breach by you of this Agreement.  Without limitation, you agree that if you fail to comply with any of the terms, provisions, or conditions set out in this Agreement, that action or inaction will result in a material breach and VayK Gear may take any action that it deems to be appropriate including but not limited to closing your account, terminating this Agreement, and/or taking any of the other actions or remedies set forth in this Agreement.

10. Scope of Disclaimers

The disclaimers, exclusions, and limitations contained in this Agreement apply to the maximum extent permitted by applicable law, but no more.  They are not intended to deprive you of any mandatory protections provided to you under applicable law.  Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.  It is your responsibility to determine the extent to which the disclaimers, exclusions, and limitations contained in this Agreement may be applied to you.  Please note that nothing in this Agreement is intended to benefit any particular third-party, and only the parties hereto shall have standing to enforce any term of this Agreement.

11. Data

All user data is considered the property of VayK Gear.  You agree, understand and warrant that the records recorded by VayK Gear shall govern and constitute the final authority in determining all of your activity and use connected with the VayK Gear Services.  VayK Gear may maintain and record all data associated with the Services for a reasonable amount of time in accordance with VayK Gear’s internal policy and procedures.  You agree to hold VayK Gear harmless for any loss of data that may occur during the course of business.

12. Indemnification

  1. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless VayK Gear, its parent, subsidiary and affiliated corporation(s), their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any part of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive this Agreement and your use of the Services. 
  2. The provision of any services which are in violation of any laws is strictly prohibited.  If we determine that you or any user has provided or intends to provide any services or material in violation of any law, your ability to use the Services will be terminated immediately without any reimbursement of any payment you may have made to us.  We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that we may be legally compelled to do so.  We do hereby disclaim any liability for damages that may arise from any user providing any material or services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may be imposed on us arising from your violation of any law – whether online or offline.
  3. You also agree to defend and indemnify us should any third-party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party.
  4. You agree to defend, indemnify, and hold harmless VayK Gear, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the website, Services, or any of the materials contained therein, or your breach of any of this Agreement.  We shall promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit.  We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but are not obligated to do so.

13. No Waiver

Any waiver of any breach of this Agreement by VayK Gear does not constitute a waiver of a breach of any other provision of this Agreement nor will it constitute a subsequent waiver of any breached term of the Agreement.

14. Third Party Links

  1. This Website may contain links to other websites operated by other entities that are completely independent from us.  These linked websites are not under our control and we are not responsible for their contents or links.  Including a link on this Site does not imply our endorsement of any linked website or its contents.  You assume the risk of accessing any third-party site that might be linked to the Site.
  2. If you access any of these linked websites, you will leave this Site.  If you decide to visit any linked website, you do so at your own risk and are subject to any user agreements or policies posted on or governing the use or access of such websites.  We encourage you to review the user agreements and policies posted on all linked websites.  Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
  3. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content or services available on or through any linked website.  You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.

15. No Resulting Third-Party Rights

You acknowledge that this Agreement represents the full, true, and complete understanding and agreement between you and VayK Gear.  In addition, you acknowledge that this Agreement supersedes any prior agreement, understanding or arrangement between you and VayK Gear, and there is nothing in this Agreement that creates or confers any other benefits or rights in favor of any third parties not party to this Agreement.

16. Termination of this Agreement

VayK Gear may terminate this Agreement upon providing notice to you or as otherwise permitted by this Agreement.  You may also terminate this Agreement at any time by notifying VayK Gear in writing, provided that you do not have any outstanding liabilities to VayK Gear for any reason.  This Agreement shall remain in force and effect for an additional one hundred and eighty (180) days following the receipt of a written termination notice from you.  For the purpose of clarity and avoidance of any doubt, this Agreement is applicable to all events that have arisen out of or associated with your use of the Services regardless of whether the Agreement has terminated or not.  Termination may result in termination from all websites (and associated sites from time to time), that share the network.  The rights and remedies located elsewhere in this Agreement shall not be limited by this section.

17. Severability

In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

18. Services

  1. Any user accessing our website and/or Services in an effort to engage in or facilitate illegal or tortious activities may be reported to the appropriate law enforcement agency.
  2. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement. 
  3. You hereby discharge, acquit, and otherwise release VayK Gear, its parent company, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the website and Services including, but not limited to claims relating to the following: sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of VayK Gear, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, data breach, identity or password theft, spam, purchases or functionality of VayK Gear, unavailability of the Services, and any other technical failure that may result in inaccessibility to the Services, or any claim based on vicarious liability for torts committed by individuals met on or through VayK Gear or the Services.
  4. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you.  This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims.   This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

19. Trademark Information

  1. The brand name (“VAYK GEAR”) is our brand name and/or trademark owned exclusively by us.  All rights are reserved.  We aggressively defend our intellectual property rights.
  2. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. 
  3. All of the marks, logos, domains, and trademarks that you find during use of the Services may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

20. Copyright Information

  1. The materials accessible from the website, Services, and any other site owned, operated, licensed, or controlled by us are our proprietary information and valuable intellectual property and we retain all right, title, and interest in the materials.
  2. The materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent, except that you may access a copy of the materials solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the materials.
  3. Modification or use of the materials except as expressly provided in this Agreement violates our intellectual property rights.
  4. Neither title nor intellectual property rights are transferred to you by access to the Services. 
  5. All materials included on the website, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of VayK Gear or its content suppliers and is protected by United States and international copyright laws.  The compilation of all materials on the website is the exclusive property of VayK Gear or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

21. Export Control

  1. You understand and acknowledge that the software elements of the materials on the website may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties.  Diversion of such materials contrary to United States’ or international law is prohibited.
  2. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. 
  3. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations.
  4. You agree that none of the materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 

22. No Agency Relationship

Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

23. Notice

  1. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the website by us, or personal delivery by commercial carrier such as Federal Express.  Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
  2. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
  3. Notices shall be deemed effective upon delivery.  Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing.  Notices delivered by any other method shall be deemed given upon receipt.  Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, shall be deemed received on the next business day.  Either party may, by giving the other party appropriate written notice, change the designated address, and/or recipient for any notice or courtesy copy, hereunder.
  4. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.

24. Force Majeure

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; epidemics or pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, data security breach, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the website’s or Services’ performance.  

25. Jurisdiction/Disputes

  1. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Florida.  The sum of this paragraph is that any and all litigation permitted under this Agreement must be, without exception, initiated in Florida.
  2. All Parties to this Agreement agree that all litigation permitted under this Agreement shall be tried and/or litigated exclusively in the courts located in Franklin County, Florida.
  3. The parties agree to exclusive jurisdiction in, and only in, Florida.
  4. The parties agree to exclusive venue in, and only in, Franklin County, Florida.
  5. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
  6. All parties hereby waive any right to assert objections to venue with respect to any litigation permitted under this Agreement.
  7. All parties stipulate that the courts located in Florida shall have personal jurisdiction over them for the purpose of any litigation permitted under this Agreement that is not otherwise subject to the arbitration provisions, infra.
  8. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
  9. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
  10. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that in any litigation permitted under this Agreement, an aggrieved party shall therefore be entitled to seek injunctive relief, in addition to seeking all other remedies available at law or in equity.
  11. A party to this Agreement must bring any claim that party may have against the other party that arises out of these terms of this Agreement or the Site within one (1) year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one (1) year period, the claim is permanently barred.

26. Arbitration Provisions

  1. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall negotiate in good faith to attempt to resolve the dispute.  If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association.  Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property violations, actions for injunctions, attachment, garnishment, and other equitable relief.  The arbitration shall be confidential.  The arbitration shall be conducted in Franklin County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes.  The Arbitrator shall be willing to execute an oath of neutrality.
  2. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law.  The Arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding.  THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
  3. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party.  There shall be no implied waiver of this right to arbitration.  No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

27. Miscellaneous Provisions

  1. These Terms of Use, together with the Privacy Policy and any other legal notices published by us shall constitute the entire agreement between you and us concerning the Services.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  VayK Gear reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.  If we change anything in this Agreement, we will modify the “Last Updated” date at the top of this document.  Your use of the Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.  YOU AND VAYK GEAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  2. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
  3. If for any reason a court of competent jurisdiction or an Arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
  4. No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement.  If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
  5. We have written this Agreement and our associated Site policies in the English language.  You are representing your understanding and assent to the English language version of this Agreement as it is published.  We are not liable to you or any third-party for any costs or expenses incurred in translating this Agreement.  In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.
  6. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
  7. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the website, Services and the materials contained therein, and your use of the website and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
  8. We make no representation that the website, Services or any of the materials contained therein are appropriate or available for use in any particular location, and access to them from territories where their content may be illegal or is otherwise prohibited.  Those who choose to access the website and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.  Nothing contained in this Agreement shall be interpreted as an admission that VayK Gear is subject to the laws of any nation besides the United States.
  9. All questions and concerns regarding this Agreement should be sent to legal@rox360.com.

This document prepared by: Braslow Legal, www.BraslowLegal.com.  All Rights Reserved. © (2020).

Nothing more follows.