Furthermore, by using Gizmogo Services, you hereby agree to these Terms & Conditions in its entirety. Gizmogo reserves the right, in its sole discretion, to modify portions of these Terms & Conditions at any time. All modifications will take effect immediately upon their posting on this website. Your continued use of Gizmogo Services after any such modification constitutes your acceptance to such changes.
Gizmogo Services are for the use of United States residents who
are eighteen (18) years of age or older only. If you are over
thirteen (13) years of age but below eighteen (18) years of age,
please obtain your parent or legal guardian’s permission to use
Gizmogo Services. When using Gizmogo Services, you agree that:
You are the legal owner or have permission of the owner to sell the items you are attempting to sell through Gizmogo;
You have deleted or otherwise destroyed any personal and/or private data while utilizing Gizmogo Services;
You are at least eighteen (18) years of age and reside in the United States or one of its territories or possessions. If you do not meet these eligibility requirements, you must either obtain permission or not access or use the Website;
You will not violate any laws, third party rights or our Terms & Conditions or other policies;
The information you provide will be truthful and accurate;
You will not impersonate any individual or provide false registration information;
You will not transfer your account or user ID to another party without Gizmogo’s consent;
You will open and use no more than one account with Gizmogo (multiple accounts are not permitted);
You are responsible for maintaining the confidentiality of your account information including your password; and
You will not copy, modify, creative derivative works of, distribute, publicly perform or display, or otherwise exploit any content from Gizmogo Services, except as explicitly permitted by these Terms & Conditions.
We may transfer, assign, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract at our discretion.
You may not transfer, assign, or in any way dispose of this contract or any of your rights or obligations arising under it, without our express written prior consent, which may be electronically communicated by way of email.
Gizmogo reserves the absolute right to close your account, terminate this agreement, and cease doing business with you at its sole discretion and for any reason it determines.
2. Warranty Disclaimer and Limitation of Liability
You understand that we cannot and do not guarantee or warrant that
our products and/or services will be free of viruses or other
destructive code. We will not be liable for any loss or damage
caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your phones,
computer equipment, computer programs, data or other proprietary
material due to your use of the website or any services or items
obtained through the website or the gizmogo services.
You expressly agree that your use of the gizmogo services, including the website, is at your own risk, and that all gizmogo services and all information, content and other materials contained within or otherwise made available to you through the gizmogo services are being provided to you on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website or the gizmogo services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Gizmogo hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
In addition, to the full extent permitted by applicable law, gizmogo, its officers, directors, employees and agents, shall not be responsible or liable to you or any third person for any damages or losses of any kind arising from the use of any gizmogo services, or from any information, content or other materials contained within or otherwise made available to you through the gizmogo services, including, but not limited to lost profits, loss of private/personal data, loss of use, goodwill or reputation, personal injury, pain and suffering, emotional distress, or other intangible losses or, any or any direct, indirect, consequential, exemplary, incidental, special or punitive damages, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Notwithstanding anything to the contrary contained herein, gizmogo’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the valuation or offer price of the items you have offered to sell to gizmogo, but in no case will gizmogo’s liability to you exceed $100.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Any transactions, communications or other dealings you have with third parties found on or through the website are solely between you and the third party. Gizmogo makes no representations or warranties with respect to such third-party services, and shall not be responsible nor liable for or in connection with any such third-party transactions, communications or other dealings.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You agree that any and all disputes against Gizmogo with respect to these Terms & Conditions, Gizmogo Services, and/or the use of the Website shall be arbitrated under the Rules of Arbitration of the American Arbitration Association and shall not be submitted to a court of law. You hereby waive all right to a trial by jury or a court of law should you make any claims against Gizmogo. The prevailing party of such arbitration shall be entitled to recover his/her/its reasonable attorneys’ fees and costs, including but not limited to confirmation of such arbitration award in a court of law and post-judgment enforcement proceedings.
4. Governing Law
These Terms & Conditions shall be construed and enforced in accordance with and governed by the internal laws of the State of California, County of San Bernardino without giving effect to the conflict of laws rules thereof.
Whenever possible, each provision of these Terms & Conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.
6. Assignment and Binding Effect
Neither these Terms or Conditions nor any right, remedy, obligation or liability arising hereunder or by reason hereof nor any of the rights and obligations in connection herewith may be assigned by any party without the prior written consent of the other party. Except as provided in the previous sentence, these Terms & Conditions and all of the rights and obligations hereunder shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Any attempted assignment in violation of these Terms & Conditions shall be null and void.