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Trisports Cervelo, HED and Zipp wheels for Triathlon Bikes

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  TriGearTrade.com Terms & Conditions  

  AGREEMENT  
Before you may become a user of the website; you must read and accept all of the terms and conditions in, and linked to, this Agreement and any Privacy Policy. Using the services on the TriGear Trade.com and any other related websites where this agreement appears, you are agreeing to the following terms, including any agreements available by hyperlink.

  TERMS AND CONDITIONS  

The following Terms and Conditions govern all products and services provided by TriGear Trade Inc. dba TriGear Trade.com (“Company”), its affiliates and successors, to its customers and any users (“Customer”). By submitting information, Customer agrees to the Terms and Conditions listed below. If you do not agree with our Terms and Conditions, do not submit information to or access information from the Company. Additionally, please review Company’s Privacy Policy. Company may update and/or change these Terms and Conditions at any time and without prior notice to the Customer.

Unless otherwise stated by an agreement signed in writing by Customer and Company, these Terms and Conditions shall apply to all products and services provided by Company to Customer.


  Fees and Payment  

The TriGear Trade Inc. is a service which charges Customers to post products and equipment for sale or want. There is no fee for users simply wanting to browse listings. Company will provide, and Customer agrees to purchase and pay for, the Services specified in the Order and the applicable Service Description for the Fees specified in the Order. Company’s rates are based on a Posting Package purchased by the Customer. Customer will pay to Company the Fees in the manner set forth in the Order. Company reserves the right to increase Fees, without prior notice. All Fees are owed when Customer completes an Order. All Fees are quoted in U.S. Dollars. Fees are non-refundable even if Customer does not use the entire Posting Package. If Customer payment is returned for insufficient funds, Company will impose a processing charge of $25. If two or more Customer payments are returned for insufficient funds in any 6 month period, Company in its sole discretion may require alternative payment methods for all future Customer payments including: bank to bank transfer, credit card, money order, or cashier’s check. Company may at its discretion cease any and all business with Customer and remove Posting(s) due to non-payment or returned payments.


  Term and Termination  

Company shall have sole authority to choose the manner in which any Posting will be received, displayed and used on the site and reserves the right to remove all or any part of a Posting or refuse Services to anyone at any time in its sole discretion. Company will post Customer’s products and/or equipment for the specified period of time as listed in Customer’s Order. Posting Services will commerce on the Effective Date indicated in the Order and continue for the duration of the Order. Thereafter, Customer is responsible for renewing the Posting. If Customer’s product is sold within the time frame of the Posting, then the Customer is required to delete the Postings from the account in a timely manner.

Company reserves the right to terminate a Customer’s account upon the occurrence that the Customer: (a) fails to pay when any amounts are due per the Order, and/or (b) fails to abide by Company’s Terms and Conditions.


  Posting Policies and Rules  

TriGear Trade.com presents a marketplace on the Internet for people to transact sales of their sports related gear and equipment. Customer agrees and must comply with the posting policies and rules as stated below:

  • Items can only be bought and sold by persons aged 18 years or older.
  • Customers may only modify or add content in the designated member areas.
  • No false or misleading information. Customers must be truthful in all information presented including, but not limited to: name, contact information, product information, condition of products, etc.
  • Include as much information as necessary to purchase the product.
  • All posting must be done in good faith.
  • No excessive shipping and handling costs.
  • Sellers are solely responsible for collecting and paying any taxes, assessments, penalties and/or fees for items bought and sold.
  • We do not ship, freight, control or transfer ownership of any goods; all sales between a seller and buyer shall be in accordance with the Uniform Commercial Code.
  • When products or goods are sold, a seller is required to promptly remove the product’s posting from the account.
  • No marketing schemes of any kind are accepted.
  • No spam or email threats of any kind are accepted.
  • No profanity of any kind is accepted.
  • No alcohol, tobacco, firearms, drugs, obscenity or pornography of any kind is accepted.

The above rules do not change a seller’s obligations under any applicable state or federal law including the Federal Trade Commission Act. Internet advertising like other forms of advertising medium is subject to the FTC rules regarding offers and claims of products and services. Your ad must comply with these laws. You, not the Company, are responsible for claims made about your product. If you have a product that makes a claim or must be substantiated you must disclose material facts and all disclosures must be clear and conspicuous. The law states that a seller cannot engage in an unfair or deceptive acts or promise. (See, Federal Trade Commission Act, Section 5).

You must obtain if necessary in the sale of your goods all required permissions for the use of a copyrighted or trade marked materials.

Company retains the right to revoke the privileges of any Customer that breaches these terms. Company reserves the right to remove postings, at its sole and absolute discretion which it deems inappropriate for any reason. Each of the above rules and policies may be changed from time to time. Changes take effect when they are posted on the website or in an email to you. When using particular services on the site, you are subject to any posted policies or rules applicable to the services you use through the websites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.


  Selling  

All items offered for sale must be available for sale in accordance with state and federal law. Customer must be prepared to sell the items listed at the price and terms listed on the website. Customer must provide industry standard, complete and accurate information about the specifications and conditions of any item the Customer posts on the site, so that the information or omission thereof, is not misleading to the public. If Customer’s product is sold within the time frame of the Posting, Customer is required to remove the products from the account. Customer can access any information in the posting by going to the area of the site where you submitted the information, and follow the instructions to view, change or delete the information. Customer may accept or reject any offer they receive from potential buyers. Reasonable offers made on their listings should not be rejected.

The Company does not participate in the sale; it is not a broker, jobber, distributor consignor, assignee or bailee; and it does not claim any ownership interest in any good or product; Company is not advertising the Customer’s products and it does not approve or control any part of a Customer’s information.


  Buying  

Customer is responsible for confirming product information, condition, and availability before entering or purchasing any items on the site. If a Customer’s offer is accepted by seller, Customer is obligated to complete the transaction. Offers are not retractable except insofar as such terms are made part of the offer or exceptional circumstances recognized under applicable law. Company does not take any responsibility for the failure of a Customer to perform under an offer or purchase & sale agreement. The buyer and seller hold Company harmless in this respect.

The material that appears on TriGear Trade.com is for informational purposes only. Despite Company’s efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services, Customer should confirm with the seller any information. Company is not responsible for, and does not guarantee the performance of, any such goods or services.


  Use of Information  

Customer agrees to treat all information obtained from the Service, including product listings, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Company. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.


  Privacy  

Please refer to our Privacy Policy.


  Links to Other Websites  

Company provides links to third-party websites, including associates and advertisers on the site. Company does not assume responsibility for the accuracy or appropriateness of the information contained on those sites.


  Liability and Indemnification  

You will not hold the Company responsible for other any users’ actions or inactions, including any things they post on the website. In no event shall the Company or its employees or agents be liable for any indirect, special, or incidental damages, not limited to loss of business or profits, arising out of this Agreement. Company, its officers, directors, employees and agents, shall not be liable for any damages whatsoever arising from Customer's use of the Service. Customer shall indemnify Company, and Company's officers, directors, employees and agents, and hold each of them harmless from and against, and defend, any and all costs, damages or losses by any of them, including, without limitation, reasonable attorneys' fees, as a result of a claim asserted by any person other than Customer arising from Customer's use or application of the Service or the sale of any product, goods or equipment by Customer. Customer agrees that the liability of Company and its affiliate, agents and licensors, if any, arising out of any king of legal claim arising out of or otherwise related to this website not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you. However, you nevertheless agree to indemnify and hold harmless Company, its employees, and its agents against any and all claims, of whatever nature, that arise out of any listing you place through the Service.

Company is not involved in the actual transactions between Customers and has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of postings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

Regardless of the type or nature of the claim, if the Company is found to be liable, then any such liability to Customer or to any third party is expressly limited to the greater of (a) the total fees you paid in the one month prior to the action giving rise to the proven liability or (b) One Hundred Dollars ($100).


  Warranty  

The postings and service provided by Company are provided “as-is” without any warranty or condition. Company makes no promises, representation or, warranties, either express, implied, statutory or otherwise, with respect to the postings or service, including their accuracy, operation, conformity to any representation or description, or the existence of any latent or patent defects and Company specifically disclaims all implied warranties of merchantability, non-infringement and fitness of a particular purpose.

Company does not guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components or subject to shutdown, power outages, interruption or delays.

Company cannot and does not try to control the information provided by Customers made available through this system. Company recommends Customer to use caution and take whatever steps necessary to protect Customer when using this service or site, or entering into a transaction with another Customer.


  Release  

Company is not and cannot be involved in any seller and buyer transactions. In the event that a Customer has a dispute with one or more of its customers or for any product/good/equipment sold, Customer hereby releases Company and its employees, associates, owners, successors, assigns, partners, agents, directors, officers and representatives, and all persons acting by, through, under, or in concert with them, or any of them, from any and all claims, demands, actions, proceedings, or causes of action, obligations, liabilities, indebtedness, breaches of contract, breaches of duty, contract rights, suits, liens, losses and all damages (actual, direct, indirect and/or consequential)of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, including but not limited to subrogation, indemnity and/or contribution rights and remedies, costs or expenses (attorney’s fees) of any nature whatsoever, known or unknown, fixed or contingent, tangible or intangible arising out of or in any way connected with such disputes and the use of the Service. Customer is expressly agreeing to waive all liability against the Company. In California, you agree that you have waived the benefits of California Civil Code Section 1542, which section reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR."


  Relationship  

The relationship between TriGear Trade.com and Customer is a between commercial merchants: Customer is buying a limited Service. There is no other relationship created by Customer’s use of the Service. Customer is not a partner, joint venturer, fiduciary, trustee, owner, associate, affiliated or related entity. No third party beneficiary rights are created. Company collects and holds no funds for the benefit of Customer or Customer’s customers. If Customer sells a product, the Company is not in the chain of any sale, custody, control, distribution or dissemination, and Company expressly disclaims any such relationship.


  Governing Law and Consent to Jurisdiction  

This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas. You expressly consent to the exclusive jurisdiction and venue of the state courts in Dallas County, Texas and in the judicial district where Company holds its principal place of business in all disputes arising out of or relating to this Agreement or use of this website. Company does not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of Company’s control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Company’s failure to act with respect to a breach by others does not waive Company’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Company and Customers with respect to the subject matter hereof. These Terms and Conditions along with the Privacy Policy supersede any discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.


  Additional Terms  

Headings are for reference purposes only and do not limit the scope or extent of such section. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to any breach. Company does not guarantee we will take action against all breaches of this Agreement.
Company may amend this Agreement at any time by posting the amended terms on its website. Except as stated elsewhere, all amended terms shall automatically be effective 15 days after they are initially posted. Additionally, we will notify you through the email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for Company Services), Release, Warranty, Liability, Indemnity and Governing Law and Consent to Jurisdiction.
Effective Date: May 15, 2008 (as last modified).

 

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