Information about WayToGear Camera Marketplace

PREAMBLE

PLEASE READ THESE TERMS OF USE AND THE DOCUMENTS THAT WE REFERENCE BELOW (COLLECTIVELY THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY ATTRACTION GROUP, INC. ("WAYTOGEAR"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF WAYTOGEAR.COM OR ANY AFFILIATED WEBSITES (COLLECTIVELY, “WEBSITE” OR “SITE”), WAYTOGEAR’S MOBILE APPLICATIONS AND DESKTOP APPLICATIONS (THE “APPS”), AS WELL AS WAYTOGEAR’S APPLICATION PROGRAMMING INTERFACES (“APIs”). WE’LL REFER TO THE WEBSITE, THE APPS, THE API, AND OTHER SERVICES AS THE “SERVICES.” THESE TERMS OF USE APPLY TO OUR REGISTERED BUYERS (“BUYERS”), SELLERS (“SELLERS” AND TOGETHER WITH OUR BUYERS OUR “MEMBERS”), THOSE WHO PURCHASE ITEMS WITHOUT AN ACCOUNT, AND ANYONE ELSE WHO VISITS OR USES THE SERVICES, WHETHER AN INDIVIDUAL OR AN ENTITY (TOGETHER WITH “MEMBERS,” “YOU,” “YOUR,” “USER” AND “USERS”). YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE. BY USING THE SITE AND SERVICES OFFERED BY WAYTOGEAR YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

THESE TERMS OF USE INCLUDE THE FOLLOWING WHICH ARE INCORPORATED BY REFERENCE:

• Privacy Policy

• Cookies Policy

Please note that Section 6 of the Terms of Use below contains a binding arbitration agreement and class action waiver. This means you and WayToGear are agreeing to submit any disputes between us exclusively to individual arbitration and not to sue in court, with only limited exceptions. Please read this Section carefully, as it affects your rights.

1. WayToGear is a Marketplace/Venue

WayToGear acts as a marketplace to allow users who comply with WayToGear's Terms of Use to offer, sell, advertise, and buy camera gear and related merchandise. WayToGear cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. WayToGear also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. WayToGear encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, WayToGear is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on WayToGear. YOU USE THE WAYTOGEAR SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 17 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 12), LIMITATION ON LIABILITIES (SECTION 12) AND INDEMNITIES (SECTION 16) BELOW.

2. Membership

(A) Age: WayToGear's services are available only to individuals who are 18 years of age and older. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. WayToGear may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under 18 are only permitted to use WayToGear's Services only with the supervision of a parent or legal guardian, and in all such cases, the adult is the user and is responsible for any and all activities.

(B) Compliance: You agree to comply with all applicable laws regarding online conduct and acceptable content. In addition, you must abide by WayToGear's policies as stated in the Termsof Use. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, Services may be subject to additional terms and conditions promulgated by WayToGear from time to time; your use of such Services is subject to those additional terms, conditions and policies, which are incorporated into these Terms of Use by this reference.

(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify WayToGear of any unauthorized use of your password or any breach of security. You also agree that WayToGear cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to anyone.

(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address, and phone number. To sell items on WayToGear you must provide and maintain valid payment information such as valid credit card information, contact information, and bank account information.

(E) Account Transfer: You may not transfer or sell your WayToGear account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these Terms of Use.

(F) Right to Refuse Service: ACCESS TO WAYTOGEAR’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT WAYTOGEAR’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS WAYTOGEAR’S SITE. WayToGear will terminate any user who it determines is providing services competitive to WayToGear through the Site. Additionally, WayToGear reserves the right, in WayToGear's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use or Community Rules. WayToGear may notify you that your account has been disabled, deactivated, or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. 

3. Fees and Services

Joining and listing items for sale on WayToGear is free.  WayToGear does charge a percentage of the sale price when the item sells. This policy which is subject to change, is listed below. Changes to the  Policy and the fees for WayToGear's services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. WayToGear may also choose to temporarily change the Policy and the fees for WayToGear's services for promotional events (for example, free selling days); such changes are effective when WayToGear posts the temporary promotional event on the Site or otherwise notifies you of the change.

Fee Details:

WayToGear charges a 7% selling fee.  Our payment processor Stripe charges a non-refundable 3% processing fee for a total of 10% fees on each item sold as detailed below.

Fee Details 1) Selling Fees

The WayToGear marketplace was built to provide a safe and secure place for people of all types to buy and sell gear. Our 7% selling fee helps us not only invest in the advertising and people needed to sustain our community but also the technology necessary to keep your experience world-class and hiccup-free.

b. Payment Processing Fees

Fees and Termination: If WayToGear terminates a listing or your account, if you close your account, or if the payment of your WayToGear fees cannot be completed for any reason, you remain obligated to pay WayToGear for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT WAYTOGEAR MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST WAYTOGEAR FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact WayToGear.

4. Content License

(A) Your Content: WayToGear does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You grant WayToGear a license solely to enable WayToGear to use any information or Content you supply WayToGear with, so that WayToGear is not violating any rights you might have in that Content. By posting Your Content through our Services, You grant WayToGear, and as authorized by WayToGear in its sole discretion, other users/third parties, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide and improve the Services and to promote WayToGear, your WayToGear shop, or the Services in general, in any formats and through any channels, including across any WayToGear Services, our partners, or third-party website or advertising medium. For example, you acknowledge and agree that WayToGear may offer you or WayToGear buyers promotions on the Site, from time to time, that relate to your listings or other listings on WayToGear. You agree to allow WayToGear to store or re-format your Content on WayToGear and display your Content on WayToGear in any way as WayToGear chooses. WayToGear can also use any transactional information including sale date and final price for sales completed on WayToGear as it sees fit.

(B) Personal Information: WayToGear will only use personal information in accordance with WayToGear's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another WayToGear user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for transaction-related communications. WayToGear has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any WayToGear user to your email or physical mail list. For more information, see WayToGear's Privacy Policy.

(C) Re-Posting Content: By posting Content on WayToGear, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold WayToGear harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own WayToGear-hosted image on another website, the image must provide a link back to its listing page on WayToGear.

(D) Idea Submissions: WayToGear considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and WayToGear shall not be liable for the disclosure or use of such Material. If, at WayToGear's request, any member sends Material to improve the site (for example through the Forums or to customer support), WayToGear will also consider that Material to be non-confidential and non-proprietary and WayToGear will not be liable for use or disclosure of the Material. Any communication by you to WayToGear is subject to these Terms of Use. You hereby grant and agree to grant WayToGear, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

5. Information Control

WayToGear does not control the Content provided by users that is made available on WayToGear. You may find some Content to be offensive, harmful, inaccurate, or deceptive. WayToGear users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using WayToGear, you agree to accept such risks and expressly agree that WayToGear (and WayToGear's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on WayToGear. Please use caution, common sense, and practice safe buying and selling when using WayToGear.

Other Resources: WayToGear is not responsible for the availability of outside websites or resources linked to or referenced on the Site. WayToGear does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that WayToGear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

6. Arbitration and Dispute Resolution Agreement

If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and WayToGear (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in limited circumstances. We’ll refer to this section as the “Arbitration Agreement,” and it applies wherever legally enforceable.

A. Disputes We’ll Arbitrate.You and WayToGear agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms of Use, any products, data, or content bought or sold, offered, accessed, displayed, transmitted or listed through the Services, and any actions or statements by WayToGear or its users, in each case including any disputes that arose before the effective date of these Terms of Use (each, a “Dispute”). The exception is that we each may (1) bring individual claims in “small claims” court, and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights.

B. Class and Representative Action Waiver. You and WayToGear agree that we each may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis. Except as provided in Section 6.E, disputes between us can’t be consolidated with those of any other person or entity. If a court decides that any part of this Section 6.B can’t be enforced for a particular claim or request for relief (e.g., public injunctive relief), then that particular claim or request shall be severed from the arbitration and may be litigated in court.

C. Informal Dispute Resolution. Before either side files an arbitration, you and WayToGear will try in good faith to resolve our differences. To start the process, you must send an individualized written notice (“Notice of Dispute”) to WayToGear Support with your name and the email address registered to your WayToGear account, and (2) a description of the Dispute and how you’d like it resolved. If WayToGear has a Dispute with you, we will send that same information to the email address for your account. The parties then have 30 days to investigate claims and try to resolve the Dispute, and neither side can file an arbitration during that time.

D. Arbitration Rules and Procedures. The next step, if we can’t resolve our Dispute, is for either side to submit an arbitration demand with the American Arbitration Association (“AAA”). You may serve WayToGear with any arbitration demand by contacting support. If WayToGear has a Dispute with you, we’ll send an arbitration demand to your email address. If for any reason the AAA can’t or won’t administer the arbitration, we’ll work together to select another provider (and if we can’t agree, a court will decide).

The arbitration will be held in English by a single arbitrator, and the arbitration hearing (if any) will be held by video conference, unless the arbitrator decides otherwise. Any in-person hearing will be held in the Palm Beach County, FL, except in a Batch Arbitration (discussed below).

The arbitration will be decided, as applicable, under the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules, in each case as modified by this Arbitration Agreement. As in court, the arbitrator will apply governing law (including fee-shifting rules, time-based defenses, and offers of judgment), and has authority to impose sanctions pursuant to the AAA Rules, Rule 11, or other applicable law. The AAA Rules will govern the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to (1) the arbitrability of any claim or dispute, and (2) the enforceability of any part of this Arbitration Agreement. Except as provided in Section 6.E, the arbitrator can award relief only in favor of the individual claimant, and only as warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and WayToGear.

E. Batch Arbitration.To ensure efficient resolution, if within a 90-day period, 15 or more claimants submit Notices of Dispute or file arbitrations with similar claims (i.e., with the same or similar facts and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the demands into : (1) a single Batch (if there are 15-50 claimants) or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenge to the administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 6.E is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

F. Opt out.If you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms of Use. If you are an existing user of our Services, you can opt out within 30 days after this version of the Terms of Use becomes effective. To opt out, you must send a timely notice to support with your name, the email address registered to your WayToGear account, the subject matter line “Arbitration Agreement Opt-Out,” and a clear statement that you want to opt out of arbitration. If you validly opt out, the balance of the Terms of Use (and any other agreements between us) will otherwise apply to you. If we update the Terms of Use in the future, please note that won’t give you a new chance to opt out of arbitration.

If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If WayToGear needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If a dispute arises between you and WayToGear, we encourage you to contact WayToGear customer support here to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined in Section 6.C above. For EU sellers, you may view information about the Platform-to-Business (“P2B”) Regulation here, and you may raise a concern related to P2B here. For EU sellers, if any dispute arises in connection with these Terms of Use, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.

7. Intra User Disputes

In the event that you have a dispute with another WayToGear user or third party, we encourage you to contact the other party and try to resolve the dispute directly. Should you have a dispute with one or more users, or an outside party, YOU RELEASE WAYTOGEAR (AND WAYTOGEAR’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WayToGear encourages users to report any unlawful activity to your local law enforcement, and to use a certified mediation or arbitration entity, as applicable.

For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located

Order Disputes: Issues related to transactions on WayToGear can usually be resolved via direct communication between the buyer and the seller. If a buyer and seller are unable to resolve a dispute, WayToGear may be able to help. 

WayToGear does so in WayToGear's sole discretion, and WayToGear has no obligation to resolve disputes between users or between users and outside parties. To the extent that WayToGear attempts to resolve a dispute, WayToGear will do so in good faith based solely on WayToGear's policies. IN THE EVENT WayToGear INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE WayToGear (AND WayToGear's OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.

If you are a party to a dispute, WayToGear may contact you while attempting to resolve the dispute. If you do not respond to WayToGear's inquiry regarding a dispute within forty-eight (48) hours, WayToGear reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.

(H) Feedback: WAYTOGEAR WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF WAYTOGEAR POLICIES AS DETERMINED BY WAYTOGEAR IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK. PRODUCT FEEDBACK MAY BE REMOVED FOR FAILURE TO ABIDE BY THESE GUIDELINES.

(I) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE WAYTOGEAR (AND WAYTOGEAR’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.

8. Financing Vendors/Layaway

From time to time WayToGear may make financing options and alternatives available through Affirm, Inc. or other similar third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of WayToGear and WayToGear is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against WayToGear that arise out of your use of, or the services of, any Financing Vendors. You are also bound by the terms and conditions imposed by the Financing Vendors including, but not limited to, the following terms Affirm.

WayToGear does not support layaway transactions. If you engage in an offsite layaway plan, WayToGear will mark the item as paid and the seller will be solely responsible for tracking and enforcing the order.

9. Email, Text, and Fax Communications

By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with WayToGear and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from WayToGear. You hereby expressly consent to communications of any kind from WayToGear to the fullest extent permissible by law.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to WayToGear. Please note that some changes to your account settings may take a few days to take effect.

10. WayToGear's Intellectual Property

WayToGear, and other WayToGear graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, trade dress or copyrights of WayToGear or its parent or affiliated companies in the U.S. and/or other countries. WayToGear's trademarks, trade dress, copyrights, patents, and all other WayToGear intellectual property (including WayToGear Integrations) may not be used, in any manner, without the prior express written consent of a duly authorized representative of WayToGear or in violation of or inconsistently with these Terms of Use.

11. Access and Interference

WayToGear may contain robot exclusion headers which contain internal rules for software usage. Much of the information on WayToGear is updated on a real-time basis and is proprietary or is licensed to WayToGear by WayToGear's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access WayToGear for any purpose whatsoever, except to the extent expressly permitted by WayToGear's with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in WayToGear's sole discretion, an unreasonable or disproportionately large load on WayToGear's infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass WayToGear's robot exclusion headers or other measures WayToGear may use to prevent or restrict access to WayToGear.

12. Breach of WayToGear Terms of Use and Policies

Without limiting its legal recourse or any other remedies, WayToGear may, without notice, and without refunding any fees, delay or immediately remove Content, warn WayToGear's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) WayToGear suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms of Use; (b) WayToGear is unable to verify or authenticate any of your personal information or Content; (c) WayToGear believes that a user is acting inconsistently with the letter or spirit of WayToGear's Community Rules or policies; or (d) WayToGear believes a user has engaged in improper or fraudulent activity in connection with WayToGear or the actions may cause legal liability or financial loss to WayToGear's users or to WayToGear. Notwithstanding the foregoing, WayToGear retains the right to suspend or terminate a user should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use.  Use of the Site is a privilege, not a right.

13. No Warranty

WAYTOGEAR IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.

WAYTOGEAR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE WAYTOGEAR'S SITE AND SERVICES "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. WAYTOGEAR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM WAYTOGEAR SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAYTOGEAR, AND (AS APPLICABLE) WAYTOGEAR'S PARENT AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS,. WAYTOGEAR'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF WAYTOGEAR'S SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO WAYTOGEAR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnity

WE HOPE THIS NEVER HAPPENS, BUT IF WAYTOGEAR GETS SUED OR RECEIVES A CLAIM BECAUSE OF SOMETHING THAT YOU DID (OR FAILED TO DO), YOU AGREE TO INDEMNIFY AND HOLD WAYTOGEAR INCLUDING ITS PARENT AND AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE , OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

17. No Guarantee of Continuous Service

WayToGear does not guarantee continuous, uninterrupted access to the Site and no service level agreement representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside WayToGear's control. WayToGear does not provide any representation, guarantee, or service level agreement related to its third party partners, including shipping partners.

18. Intellectual Property Policy

WayToGear takes intellectual property infringement very seriously. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if content that you own or have rights to has been posted to the Services without your permission and you want it removed, please let us know.

In accordance with the Digital Millennium Copyright Act (DMCA), WayToGear accepts counter notices for US-based copyright infringement reports only. When WayToGear receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order restraining the allegedly infringing party from relisting the items or a qualifying action with the Copyright Claims Board (CCB), and informs WayToGear of this action. Read more about DMCA notices, counter notices, and requirements here.

19. Trademarks for Modified Gear

Users of the Site who engage in modifications of gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but WayToGear will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).

23. Your Responsibility for Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any WayToGear service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on WayToGear's net income). This includes sales and/or use taxes applicable in each jurisdiction, depending on the threshold required for collection. This responsibility may include applicable customs and fees for import and export sales; WayToGear assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through WayToGear.

Depending on your business status and location, WayToGear may be required to apply VAT on seller fees and remit it to the relevant tax authority (some countries may refer to VAT as Goods and Services Tax (“GST”) or Harmonized Sales Tax (“HST”); VAT, GST, HST, and any local sales tax are collectively referred to as VAT). VAT is collected on all WayToGear fees for sellers located in countries where VAT should be applied.

Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for sellers located in the United States or being paid in USD in certain circumstances.To comply with these regulations, sellers will be required to provide taxpayer-identification information to WayToGear. WayToGear is not responsible, in any manner, for paying taxes on your earnings or your use of the Site. WayToGear cannot provide tax advice. Please contact your tax professional to determine whether or not you have a tax liability.

24. Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products.  Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

We encourage all WayToGear users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents.  You can include warnings in your item descriptions on WayToGear. You agree to indemnify and hold WayToGear harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65. 

25. Severability; Waiver; Assignment

Except as provided in Section 6, if any part of these Terms of Use are found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms of Use will otherwise remain in full force and effect. Our failure to enforce any part of the Terms of Use is not a waiver of our right to later enforce that or any other part of the Terms of Use. We may assign any of our rights and obligations under the Terms of Use.

26. No Agency

You and WayToGear are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

27. Modification of Service or Terms and Policies

WayToGear may update all Terms of Use, from time to time, without notice, including by adding entirely new terms and deleting existing terms, to the maximum extent permitted by law. If the changes are material and notice is required by law, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms of Use. If you do not agree with the changes, you may close your account. Please review the Terms of Use frequently.

28. Choice of Law and Forum

WayToGear is based in Florida, so if there are claims between you and WayToGear that aren’t subject to arbitration, you and WayToGear each agree to litigate those claims exclusively in state or federal court in Palm Beach County, Florida and to submit to the personal jurisdiction of those courts. This includes small claims court. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by Florida law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this Section 6.1 will continue to apply even if you validly opt out of arbitration under Section 6.G.

29. WayToGear's Shipping Policy

30. Survival

All Sections which are intended by their terms to survive the expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use.

31. Notices

If you have any questions about these Terms of Use, please contact us. Notice to WayToGear shall be provided as set forth in these Terms of Use. In your case, notice shall be given to the email address you provide to WayToGear (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, WayToGear may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to WayToGear. In such a case, notice shall be deemed given three days after the date of mailing.

32. Disclosures

The services hereunder are offered by Attraction Group, Inc., located in Palm Beach, FL. If you are an Florida resident, you may have this same information emailed to you by contacting us here with your email address and a request for this information.

Effective date: September 6, 2023

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