TERMS OF USE AGREEMENT
Effective Date: March 5, 2025
Introduction
Welcome to progearguys.online (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Pro Gear Guys LLC ("Company," "us," "we," or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").
Contact Information
Pro Gear Guys LLC
Email: [email protected]
Address: 7159 Estes Dr, Arvada, CO 80004
Phone: 719-735-1526
Privacy Policy: https://progearguys.online/privacypolicy
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1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
By accessing or using the Services (or by clicking on "accept" or "agree" when prompted), you agree to be bound by this Agreement on behalf of yourself or the entity you represent. If you do not agree, do not use the Services.
1.2 Eligibility Requirements
To use the Website, you must be at least 18 years old and not a competitor of Pro Gear Guys LLC. You represent that you meet these requirements and have the authority to enter into this Agreement.
1.3 Changes to this Agreement
We may modify this Agreement at any time. We will notify you of changes via updated "Effective Date" or other reasonable means. Continued use after changes means you accept the revised Agreement.
2. Access to the Services
2.1 Changes to Services
We may modify, withdraw, or discontinue any part of the Services without notice. We are not liable for any unavailability.
2.2 Creating an Account
You may need to create an account and provide accurate, updated information. Your information will be handled in accordance with our Privacy Policy.
2.3 Account Responsibilities
You are responsible for safeguarding your login credentials and all activity on your account. Notify us immediately of unauthorized use.
2.4 Termination of Account
We may suspend or terminate your account at any time and for any reason. You may also delete your account by contacting us.
3. Policy for Using the Services
3.1 Prohibited Uses
You agree to use the Services lawfully. You may not use the Services for any activity that violates laws or harms others.
3.2 Prohibited Activities
You may not:
- Violate laws or contractual obligations
- Send spam or unauthorized messages
- Impersonate others
- Harm or exploit minors
- Interfere with the Services or other users
- Introduce viruses or attempt unauthorized access
- Reverse engineer our systems
- Collect data from other users without consent
- Attempt any prohibited activity or assist others in doing so
3.3 Geographic Restrictions
Our Services are intended for users in the United States and Canada. You are responsible for compliance with local laws if accessing from outside these regions.
4. Terms and Conditions of Sale
4.1 Purchasing Process
Users must follow all checkout steps. You must review and confirm your order, at which point you agree to pay.
4.2 Order Submission
Submitting an order creates a binding contract and payment obligation. If additional input is required by the user, they must cooperate.
4.3 Prices
All fees and taxes will be disclosed before checkout.
4.4 Methods of Payment
Payments are processed by third-party providers. We do not store payment info. If a payment fails, your order is not confirmed.
4.5 Retention of Usage Rights
You do not receive rights to the product or service until payment is complete.
5. Contract Duration
5.1 Subscriptions
Subscriptions are recurring. They begin when the initial payment is received.
5.2 Fixed-term Subscriptions
These start upon payment and end at the expiration of the period. They do not renew automatically unless specified.
5.3 Automatic Renewal
If automatic renewal applies, you’ll be notified in advance and billed automatically unless canceled.
5.4 Termination
You may cancel subscriptions at any time, and service will continue through the current billing cycle.
6. Intellectual Property Rights
6.1 Ownership
All content, trademarks, and proprietary info are owned by Pro Gear Guys LLC or its licensors.
6.2 License
You receive a limited, non-transferable license to use the Services for business use only.
6.3 Restrictions
You may not copy, modify, reverse engineer, resell, or otherwise exploit our content.
6.4 Trademark Notice
All marks remain property of their respective owners.
7. User Content
7.1 User Generated Content
You are solely responsible for your posts, messages, or uploads. These must comply with content standards.
7.2 License
You grant us the right to use, modify, and display your content in connection with the Services.
7.3 Content Standards
User content must not violate laws, be defamatory, misleading, or infringe on others' rights.
7.4 Monitoring and Enforcement
We may remove or restrict content and report violations to authorities at our discretion.
8. Copyright Infringement (DMCA)
If you believe your work has been infringed, notify us at [email protected] with your name, proof of ownership, description, and a statement under penalty of perjury.
9. Feedback
Feedback you provide may be used by us for any purpose and you waive claims related to it.
10. Assumption of Risk
Use the Services at your own risk. We make no warranties on accuracy or results.
11. Privacy
Our Privacy Policy governs your data: https://progearguys.online/privacypolicy
12. White-Labeled CRM Services
We offer CRM services via GoHighLevel. We are not responsible for their platform performance or issues.
13. AI Technologies
Our services may include AI tools. By using them, you agree to:
- Your data may be processed by AI systems
- AI outputs are not guaranteed to be accurate
- We retain IP over the AI systems
- You can request deletion of voice/text data
14. Termination
We may terminate your access to Services without notice. You may request termination.
15. No Warranty
Services are provided "as-is." We disclaim all warranties to the fullest extent allowed by law.
16. Limitation of Liability
We are not liable for indirect, incidental, or consequential damages. Our total liability is limited to $100 or the amount paid in the past 6 months.
17. Indemnification
You agree to indemnify Pro Gear Guys LLC from any third-party claims related to your use of the Services or violation of this Agreement.
18. Disputes
18.1 Governing Law
This Agreement is governed by Colorado law.
18.2 Arbitration Agreement
You agree to resolve all disputes via binding arbitration. You waive your right to trial and to participate in class actions.
18.3 Time Limitation
Claims must be filed within 1 year or are permanently barred.
19. Miscellaneous
- No waiver of rights unless in writing
- If any provision is unenforceable, others remain in force
- This is the entire agreement
- Headings are for convenience only
- You may not assign this agreement
- We are not liable for events outside our control
- You must follow all laws
20. SMS/Text Messages
You agree to receive SMS messages when you opt in. Message and data rates may apply. Text STOP to cancel.
21. Acknowledgment
By using the Services, you agree to be bound by this Agreement.
Contact
Pro Gear Guys LLC
7159 Estes Dr, Arvada, CO 80004