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Policies / Membership Agreement

Please read this agreement carefully

Acceptance of Terms and Conditions

Gear By Owner, Inc. provides a collection of online resources, including a Classified Ad Service and various Email Services, (referred to hereafter as the “Service”) subject to the following Terms of Use (“Terms”).

The following describes the terms and conditions on which Gear By Owner, Inc. offers you access to our services. By using our services in any way, you acknowledge and understand the terms and conditions of this agreement. You agree to comply and abide with all posted guidelines, should you object to any terms, guidelines or conditions of this agreement your only recourse is to discontinue use of the Service of Gear by Owner, Inc.

Classified Ad Service

  1. Gear By Owner, Inc.’s Classified Ad Service is a shopping service that brings buyers and sellers together. Information about a particular item is supplied by the seller, not by Gear By Owner, Inc. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to GEARBYOWNER.COM will act honorably and treat each other fairly, we can't verify the information they supply or guarantee the items they offer. When using this Classified Ad Service to find a buyer for your item or an item you can buy, we urge you to use the same common sense and good judgment you would in selling an item through, or responding to, a classified ad in the newspaper.
  2. Our Classified Ad Service acts as a venue for individual sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on and purchase certain items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
  3. The material that appears on the gearbyowner.com Classified Ad Service is for informational purposes only. Prior to purchasing goods or services you've read about on the GEARBYOWNER.COM Classified Ad Service, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Gear By Owner, Inc. is not responsible for, and does not guarantee the performance of, any goods or services.
  4. Those who offer goods or services for sale over GEARBYOWNER.COM should be prepared to sell the items they advertise at the prices at which, and the terms on which, they advertise them. Gear By Owner, Inc. reserves the right to deny use of this Classified Ad Service in a manner we consider inappropriate.

Registration of Account

Membership. Since we are a free private site you will need to register as a member before you can browse, buy, sell or trade on our site. Our Classified Ad Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Classified Ad Service is not available to minors. If you do not qualify, please do not use our Classified Ad Service.

User names. During registration you will be asked to create an account to obtain a Member ID and password in order to be identified as a legitimate member. You will be asked to provide information such as your name, address, city, state, zip code, telephone number, email address. You agree that the information you supply during that registration process will be accurate and complete and that you will not: (i) register under the name of, or attempt to enter the service under the name of, another person; or (ii) adopt a user name that Gear By Owner, Inc. in its sole discretion, deems offensive. You will be responsible for preserving the confidentiality of your password and you will notify Gear By Owner, Inc.’s customer Service Manager at service@gearbyowner.com of any known or suspected unauthorized use of your account. You are hereby prohibited from selling or transferring your account to any third party.

Privacy. All information that you provide during registration is personal, private and confidential. Gear By Owner, Inc. will not willfully disclose, rent, or sell your personal information to third parties. All credit card data that you provide is collected and protected according to the Privacy Policy of PayPal, which may be viewed at www.paypal.com. It is YOUR responsibility to maintain the confidentiality of your Member ID and Password and you agree to accept responsibility for all activities that occur under Your Account.

Gear By Owner, Inc. will only disclose your personal information under the following circumstances: (1) you provide new consent, (2) in response to a criminal investigation, subpoena, court order or legal process, (3) your actions on GEARBYOWNER.COM constitute a fraud or a scam which we believe, in our sole discretion, creates a liability for Gear By Owner, Inc.

Nothing in this policy shall limit, prohibit, or otherwise deny the ability of Gear By Owner, Inc. to (1) transfer, assign, or sell its assets to a third party without limitation, or (2) dispose of assets in any manner, through bankruptcy or similar proceeding.

Classified Ad Guidelines:

All classified ads and transactions on GEARBYOWNER.COM must comply with these Classified Ad Guidelines. Sellers and buyers are responsible for all aspects of transactions in which they participate. Furthermore, sellers and buyers are responsible for reviewing and complying with any applicable laws, regulations, or restrictions for the city, county, state, region, and country in which both the buyer and seller reside. This includes laws, regulations, or restrictions on items and services, and the method of sale or exchange in which buyers and sellers participate on GEARBYOWNER.COM.
Rules for Buying and Selling on GEARBYOWNER.COM

  • You must list your items or services in the most appropriate category. GEARBYOWNER.COM only permits the sale of musical equipment, pro-audio, consumer audio, audio-visual, and related gear.
  • If your item does not fit within a category, it is most likely inappropriate for or prohibited on this site. If you feel that we need to add a new category, from time to time as new equipment is developed for the commercial marketplace, please email us at suggestions@gearbyowner.com and we will make every effort to accommodate your request. Prohibited items include:

    1. Home / living room / kitchen appliances
    2. General office supplies & equipment (e.g. fax machines)
    3. Hacking and surveillance equipment
    4. Illegal counterfeit goods, recalled goods, or stolen goods
    5. Copyright or Trademark-Sensitive Goods
    6. Fireworks, Explosives, & hazardous Materials
    7. Gambling Items
    8. Goods Made for Protected Animal / Plant Species
    9. Academic, Beta, or OEM Software
    10. Government IDS
    11. Human Parts, Bodily Fluids & Human remains
    12. Illegal Drugs, Drug Paraphernalia, Steroids, &Other Controlled Substances
    13. Individual Contracts or Non-Transferable Items
    14. Items Subject to Embargo
    15. Offensive Material (Items that promote hatred, violence, racism, or intolerance)
    16. Police-Related Items
    17. Prescription / OTC Drugs & Medical Devices
    18. Stock, Bonds & Securities
    19. Weapons & Ammunition
    20. The Sale of alcohol products
    21. The Sale of tobacco products

    Gear by Owner, Inc. expressly prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content.

  • You may not include any content or images in your classified ad that are obscene, offensive, harmful to minors, an invasion of privacy, or otherwise inappropriate.
  • You are not permitted to link to, display, or advertise (through the use of email addresses, URLs, images, or any other contact information) goods or services for which you are not posting on GEARBYOWNER.COM.
  • You may not offer any item for sale that is not in your possession, you do not have the right to sell, or that does not exist at the time of the classified ad.
  • You are not permitted to send unsolicited email or messages to GEARBYOWNER.COM or any of its members.
  • You may not use or manipulate this service for any fraudulent activity or purpose.
  • You may not disrupt GEARBYOWNER.COM operations or service. This includes the use of any automated routines used to gather or generate information via our web site, or any other repetitive action that may degrade the performance of our systems.
  • You may not charge any credit card "surcharges" or any other charges not revealed to the buyer prior to the close of transaction.
  • Circumventing GEARBYOWNER.COM fees and payments is prohibited.
  • Sellers must complete any transaction upon which final terms have been agreed. Likewise, buyers should not make offers or accept an asking price on classifieds for which they do not intend to complete a transaction.
  • Feedback left for another GEARBYOWNER.COM member with whom a transaction has been completed may not be profane or threatening in nature, nor should it pertain to any other matter other than the other member's participation and actions in a transaction.
  • Your classified ad must be in English, however it may contain words in another language, if necessary, in order to describe the item or service for sale.
  • Classifieds that promote hatred, violence, racism, or intolerance are not permitted on GEARBYOWNER.COM. Under this policy, we may at our discretion, remove classifieds and optionally refund any appropriate fees when the item, description, or service graphically portrays violence or victims of violence, and lacks social or artistic value.
  • GEARBYOWNER.COM does not permit sellers to reference URLs (or links) in any manner whatsoever. Member ID names that contain URLs (or links) whose primary purpose is to direct buyers to another website, store, or business are not allowed and will be disabled.
  • GEARBYOWNER.COM does not tolerate spamming. This includes solicitation of members by any means via our website. In addition, GEARBYOWNER.COM URLs and email addresses are not permitted in any mass marketing or unsolicited commercial email campaigns. GEARBYOWNER.COM will take action if a member has participated in spamming. Where state and/or federal laws have been violated, we reserve the right to pursue legal action.
  • GEARBYOWNER.COM does not allow the superfluous use of keywords or phrases in classifieds (i.e. bait & switch schemes). Keywords that do not add substantive value to the description of the classified ad, or those that are repeated multiple times, are considered superfluous. This includes referencing brand names which have no relation to the classified ad. (E.g. Do not advertise a rare Gibson Les Paul, which you don’t have, just to drive traffic to your ad.)
  • Your ad photos should accurately represent the item you are selling. In addition, you should use your own images, not someone else's. We recommend that you take digital photos of what you are selling and use these in your ad. DO NOT use stock photos from manufacturers, as this could constitute a copyright violation. Should GEARBYOWNER.COM receive an official and lawful notification from a copyright or trademark holder that your ad infringes intellectual property rights, GEARBYOWNER.COM will remove your ad and will not refund the listing fee. If you succeed in a court action against the copyright holder, you will be given a refund for your listing fee and will be allowed to re-post your ad. Failure to follow GEARBYOWNER.COM’s classified ad guidelines may result in modification or removal of your listing at our discretion, or suspension or termination of your account.

Reporting Bad Activity

GEARBYOWNER.COM provides an open marketplace in which sellers and buyers are responsible for all activity related to transactions, including the sale and exchange of goods and payment. GEARBYOWNER.COM will not intervene in general disagreements between members. However, the following activity should be reported by email to: report@gearbyowner.com

Reporting Bad Buyers

The following circumstances are conflicts that can be reported:

  • Non-paying buyers: the buyer failed to make payment.
  • Item returned: the item was returned, even though the item shipped was exactly as described in the Classified Ad.

If you have experienced any of the above situations:

  1. First, you should make an attempt to contact the buyer. There could be a reasonable justification (family emergency, technical problems, etc.) for a member's delay in responding to messages.
  2. If you have attempted to contact the buyer and you have not been able to resolve the issue, you may file a report. Reports can be initiated within 90 days from when you accept the buyer's offer.
  3. Upon reviewing your report, GEARBYOWNER.COM will send an email to the buyer requesting they fulfill the terms of agreement.
  4. After filing your report, you may receive a final transaction fee credit. Credits will be issued at the sole discretion of GEARBYOWNER.COM. If members commit repeated offenses, GEARBYOWNER.COM may choose to suspend or terminate the offenders account.

Note that once you have completed a transaction, you also have the ability to rate the other party via your Member Rating page as well as respond to any feedback left for you. You can revise your rating up to 90 days after the sale date.

Reporting Bad Sellers

The following circumstances are conflicts that can be reported:

  • Non-selling sellers: the seller accepted payment but failed to deliver the item(s) or service(s).
  • Materially different: the item received was not as described in the classified ad.

If you have experienced any of the above situations:

  1. First, you should make an attempt to contact the seller. There could be a reasonable justification (family emergency, technical problems, etc.) for a member's delay in responding to messages.
  2. If you have attempted to contact the seller and you have not been able to resolve the issue, you may file a report. Reports must be initiated within 90 days from when the seller accepts your offer.
  3. Upon reviewing your report, GEARBYOWNER.COM will send an email to the seller requesting they fulfill the terms of agreement.
  4. If members commit repeated offenses, GEARBYOWNER.COM may choose to suspend or terminate the offenders account.

Note that once you have completed a transaction, you also have the ability to rate the other party via your Member Rating page as well as respond to any feedback left for you. You can revise your rating up to 90 days after the sale date.
Reporting General Misconduct

If you need to report any of the following, please send an email to: report@gearbyowner.com

  • Offensive classifieds
  • Classifieds in the wrong category
  • Prohibited items or services, as defined by our Classified Ad Guidelines
  • Harassment or offensive language
  • Privacy violations
  • Spamming

Reporting Fraud & Scams

If you suspect that an item posted for sale on GEARBYOWNER.COM may be a scam, please email the details to report@gearbyowner.com

Use caution and common sense when dealing with any financial transaction; especially deals that sounds too good to be true.

  1. NEVER wire funds to a foreign buyer via Western Union
  2. Be wary if the other party wants to use an escrow service such as BidPay or Squaretrade. Most online escrow sites are FRAUDULENT, operated by scammers.
    For more info, do a google search on "fake escrow" or "escrow fraud". If you must do business with a distant seller, insist on a legitimate service, such as www.escrow.com
  3. NEVER give out personal financial information (bank account, SSN, eBay/PayPal info, etc.) to anyone.

If you think you have been scammed, contact the non-emergency number for your local police department -- they may be able to offer advice about your options.

Who should I notify about fraud?

  • FTC toll free hotline: 877-FTC-HELP (877-382-4357)
  • FTC online complaint form (www.ftc.gov)
  • Internet Fraud Complaint Center (www.ifccfbi.gov/)

General Provisions

Disclaimer of Warranties and Limitation of Liability

If you rely on this Classified Ad Service or any material available through this Classified Ad Service, you do so at your own risk. You understand that there may be omissions, interruptions, inaccuracies, or other problems with the information, products, and services published over this site.

This Classified Ad Service is provided to you "as is." Gear By Owner, Inc. and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, merchantability, or fitness for a particular purpose of the information available through this Classified Ad Service or any information, goods or services that are referred to, advertised on, or sold through this Classified Ad Service. Nor do we guarantee that the Classified Ad Service will be error free, or continuously available, or that the Classified Ad Service will be free of viruses or other harmful components.

Under no circumstances shall Gear By Owner, Inc. or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, including, without limitation, any liability for consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data) even if we are advised beforehand of the possibility of such damages. You agree that the liability of Gear By Owner, Inc. and its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way arising out of or otherwise related to the Classified Ad Service shall not exceed the amount you paid, if any, to Gear By Owner, Inc. for use of the Classified Ad Service. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Gear By Owner, Inc. and our subsidiaries, affiliates, officers, directors, agents, and employees from 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.

Indemnity: You agree to indemnify and hold Gear By Owner, Inc. and our subsidiaries, affiliates, 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 this Classified Ad User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency: You and Gear By Owner, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Classified Ad User Agreement.

Modifications to this Agreement: Gear by Owner, Inc. reserves the right at its sole discretion, to modify, change or otherwise alter these terms, guidelines and conditions at any time. Any modifications shall become effective immediately. You are required to review this agreement and any modifications on a regular basis before using our services.

Maintenance and Downtime: From time to time, GEARBYOWNER.COM will conduct scheduled maintenance. As a result, you may experience temporary downtime that may prevent you from being able to use our site and/or some of our services on gearbyowner.com. Occasionally, these delays are necessary in order for us to update our database and improve our services. We will do our best to keep these periods brief, providing advance notice whenever possible on our home page.

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