Terms of service

OVERVIEW

These Terms of Service ("Terms") govern your access to and use of the SmartGearPros website and related services (collectively, the "Services"), operated by GB Commerce LLC, doing business as SmartGearPros ("we," "us," "our"). The Services are hosted and powered by Shopify.

Our principal place of business is:
4843 Hannover Ave, Saint Louis, Missouri 63123, United States

By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms and all policies referenced herein. If you do not agree, you must discontinue use of the Services immediately.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you confirm that you are at least the age of majority in your jurisdiction or have permission from a parent or legal guardian. You agree to provide accurate, complete, and current information and to maintain the security of your account credentials. You are responsible for all activity conducted under your account and may not transfer or share your account with others.

SECTION 2 – PRODUCTS

We make reasonable efforts to display product descriptions and images accurately. However, variations may occur due to device or screen settings. We do not guarantee that products will meet individual expectations. We reserve the right to modify, discontinue, or limit quantities of any product at any time without notice.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. Orders are accepted only after confirmation and processing. We reserve the right to refuse, limit, or cancel orders at our discretion, including due to availability, pricing errors, or suspected fraud. All purchases are subject to our Return and Refund Policy.

SECTION 4 – PRICES AND BILLING

Prices are subject to change without notice. Additional charges such as taxes, shipping, or handling may apply at checkout. You agree to provide accurate billing and payment information and represent that you are authorized to use the payment method submitted.

SECTION 5 – SHIPPING AND DELIVERY

Shipping times are estimates only and are not guaranteed. Once an order is transferred to the carrier, we are not responsible for delays, loss, or damage. Risk of loss passes to you upon shipment.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through the Services, including text, graphics, images, logos, and software, is owned or licensed by us and protected under applicable intellectual property laws. Use of the Services does not grant you any ownership rights. Unauthorized use, copying, or distribution is prohibited.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools provided "as is" without warranties or guarantees. Use of these tools is entirely at your own risk and subject to the terms of the applicable third-party provider.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third parties. Accessing third-party resources is at your own risk.

SECTION 9 – PRIVACY

Your personal information is handled in accordance with our Privacy Policy and Shopify’s privacy practices. By using the Services, you consent to the collection and processing of information, including transfers to jurisdictions outside your country of residence.

SECTION 10 – FEEDBACK

Any feedback, suggestions, or submissions you provide may be used by us without restriction or compensation. You represent that your submissions are lawful and do not infringe upon third-party rights.

SECTION 11 – ERRORS AND INACCURACIES

We reserve the right to correct errors, inaccuracies, or omissions at any time and to cancel or modify orders affected by such issues, even after an order has been submitted.

SECTION 12 – PROHIBITED USES

You agree not to use the Services for unlawful, abusive, fraudulent, or harmful activities. Any attempt to interfere with the security or functionality of the Services may result in termination and legal action.

SECTION 13 – TERMINATION

We may suspend or terminate your access to the Services at any time for violation of these Terms. Obligations that should survive termination will remain in effect.

SECTION 14 – DISCLAIMER OF WARRANTIES

The Services and all products are provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted, secure, or error-free operation. Some jurisdictions may not allow certain disclaimers, so portions of this section may not apply to you.

SECTION 15 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, GB Commerce LLC shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of the Services or products, including loss of profits or data.

SECTION 16 – INDEMNIFICATION

You agree to indemnify and hold harmless GB Commerce LLC, Shopify, and their affiliates, officers, and employees from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

SECTION 17 – SEVERABILITY

If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in full force and effect.

SECTION 18 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements or communications.

SECTION 19 – ASSIGNMENT

You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations at any time without notice.

SECTION 20 – GOVERNING LAW

These Terms are governed by and interpreted in accordance with the laws of the State of Missouri, United States. Any disputes shall be resolved in the courts located within Missouri.

SECTION 21 – HEADINGS

Headings are included for convenience only and do not affect interpretation.

SECTION 22 – CHANGES TO TERMS

We reserve the right to update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

CONTACT INFORMATION

GB Commerce LLC (SmartGearPros)
Address: 4843 Hannover Ave, Saint Louis, MO 63123, United States
Phone: +1 314-356-4372
Email: support@smartgearpros.com
Alternate Email: gbcommercellc@smartgearpros.com