Terms of service

Gripsta Terms of Service

Last updated: August 24, 2024

This website and all associated  websites, materials, links, programs, applications and systems (collectively, the “Site”) is operated by Gripsta Gear to advertise and sell our products (the “Products”). 

Throughout the site, the terms “we”, “us” and “our” refer to Gripsta Gear. Gripsta Gear offers this website, including all information, tools and Services available from this site to you (“you” and “Buyer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Changes to Terms. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

SHOPIFY. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.  We are not affiliated with Shopify and do not control any aspects of your transaction with them. This Agreement applies solely to our Site and does not apply to any other websites to which we may provide links.  We are not responsible for the content, accuracy, or opinions expressed in such linked websites and the inclusion of such links on our Site does not imply our approval or endorsement of such websites.  Please be aware that Gripsta Gear is not responsible for and cannot control the terms of use, privacy policies and conditions of these other websites.  Please consult Shopify’s terms of service https://gripsta.com/policies/terms-of-service and privacy policy https://gripsta.com/policies/privacy-policy.

Certification of Buyer.  By placing an order, you certify to and agree to the following:

 

(i) You have confirmed independently that it is legal to possess and use the items being purchased in your location.

(ii) You are at least 18 years of age and of legal age to own and possess the items being ordered.

(iii) Any Products received will be used for their intended purposes only, and only in accordance with Product instructions and manuals.

All Sales Final.  You may return and Products within thirty (30) days of receipt if those Products are damaged, non-working or malfunctioning (“Damaged Goods”) at the time you receive them.  Upon return of the Damaged Goods to Gripsta Gear, Gripsta Gear will, at its discretion, provide you with either a full refund (not including shipping and taxes) or exchange items for a replacement item of the same model.  See our Refund Policy: https://gripsta.com/policies/refund-policy for details.

Payment.  Prices quoted are cash prices.  All orders must be prepaid by credit card.  Except where otherwise noted, all prices contained for Products represent the price in United States Dollars and may or may not represent the prevailing price in every area on a particular day.  Gripsta Gear cannot confirm the price of an item until ordered.  

Purchases for United States Only.  All of our Products are only available for sale and use in the United States.  We do not sell any of our Products for resale or export.  These commodities, technology or software are subject to the United States Export Administration Regulations. Diversion contrary to U.S. law is prohibited.

Sales Tax.  We do not collect sales tax on orders shipped from us outside the State of Texas.  We are required to collect sales tax on all orders shipped or delivered within the State of Texas, unless we have a valid Texas Sales Tax Exemption Certificate on file prior to shipment.  We may be required to collect sales tax on direct or drop shipments from our suppliers to some states.  

Order Cancellations.  All orders that are cancelled prior to or during shipment will be charged a 25% cancellation fee, plus the shipping, handling, and any other charges incurred processing the order and the return shipping costs and fees if the order is cancelled while in transit or refused at delivery.  All items refused at delivery or cancelled while in transit and accepted for return by Gripsta Gear will be charged a 25% restocking fee, plus all return shipping fees and costs.  Outbound shipping and handling charges are not refundable.  In the case of items sold with shipping and handling included or as part of a promotion, those fees will be assessed and deducted from any allowed credit or refund.

Shipping and Freight.  Unless otherwise specified, the Products will be shipped per the specifications of Gripsta Gear.  All Products are shipped FOB origin, meaning prices quoted are exclusive of all shipping, handling, and insurance charges, which must be paid by you. You must immediately notify the freight carrier if you receive a damaged shipment. 

Acceptance.  Your acceptance of the Products shall occur when the Products have been delivered to your shipping address as listed in your order (your signature is not required to effect such delivery or acceptance), unless you refuse to accept the Products from the shipper at the time of delivery.

Excusable Delays.  Gripsta Gear will make reasonable efforts to ensure prompt delivery of all Products.  However, Gripsta Gear is not liable or responsible for delay or failure to perform any of Gripsta Gear’s obligations under these Terms to make delivery of Products occasioned by: (1) any cause beyond its reasonable control, including, but not limited to, a labor dispute, industry disturbance, fires, unusually severe weather conditions, earthquakes, floods, declared or undeclared war, epidemics, computer malfunctions, civil unrest, acts of terror or piracy, riots, lack of supplies and backorders, delays in transportation, shipping or carrier delays, governmental, regulatory or legal action, acts of God, or other delays or failures caused by third parties; or (2) by your acts or omissions, including, but not limited to, your failure to promptly comply with the terms of payment under these Terms (“Excusable  Delays”).  The date of delivery must be extended for a period equal to the time lost by reason of any of the Excusable Delays.

Warranty. EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRIPSTA GEAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  GRIPSTA GEAR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.  

Trademarks.  Gripsta Gear is the owner or licensee of the marks and logos on the Site.  All other marks and logos appearing on the Site are owned by their respective owners.  Gripsta Gear is the owner of the Site, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery.    All rights are reserved.

Copyrights.  Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics.  The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties.  You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part.  No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Gripsta Gear and the copyright owner, if applicable.  All rights are reserved.

Third-Party Links. Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Limitation of Liability.  Buyer’s purchase of the Products is subject of the following limitations of liability:

(A) Gripsta Gear’s cumulative liability to Buyer or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to these Terms will not exceed the purchase price paid to Gripsta Gear for the Products. 

(B) In no event will Gripsta Gear be liable to Buyer or any third party for any loss or injuries to earnings, profits, or goodwill, or for any incidental, special, punitive, or consequential damages of any person or entity whether arising in contract, tort, or otherwise.

(C) The limitations set forth in this section will apply even if any other remedies fail of their essential purpose.  Buyer agrees and acknowledges that the limitations on liability provided in this Section are an essential part of the agreement between Buyer and Gripsta Gear and are factored into the pricing for the Products.

(D) Any products purchased from Gripsta Gear is done so on the understanding that Buyer and all subsequent users of the Products are fully trained in the use of the equipment, hold the relevant qualifications, and will only use the Products in accordance with all applicable laws and Product guidelines and specifications.  Always follow Gripsta Gear’s recommendations as to the safe use and maintenance of the equipment.  Prior to the use of any Products purchased from Gripsta Gear, Buyer should determine the safety, suitability, and fitness of the Product for its intended use.

(E) By making a purchase from Gripsta Gear, you acknowledge that under no circumstances shall Gripsta Gear be liable for any damages, including, without limitation, injury or death, that result from the use, misuse, or inability to use, or the failure, malfunction or warrantable issue of, any products purchased from this Site. 

(F) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.  

(G) STATEMENTS IN CLAIMS MADE BY GRIPSTA GEAR WITHIN ANY OF THE LITERATURE, ADVERTISEMENTS OR MADE VERBALLY (SUCH AS IMPROVED, INCREASE SUCCESS, BETTER, CONSISTENT) ARE STATEMENTS MADE AS ADVERTISING CLAIMS AND ANY RELIANCE MADE BY THE PRACTITIONERS OR USERS OF THESE STATEMENTS MUST TAKE INTO CONSIDERATION THAT RESULTS THAT REPORTED SUCCESSES WERE RELATED TO CONTROLLED SCIENTIFIC EXPERIMENTS AND MAY NOT BE REPEATABLE IN ALL ENVIRONMENTS, SITUATIONS, OR BY ALL PRACTITIONERS. THE INDIVIDUAL PROCEDURES, PROTOCOLS STEPS UTILIZED BY EACH PRACTITIONER MAY CHANGE THE RESULTS AND MAY NOT HAVE THE SAME SUCCESS RATES, PREGNANCY RATES OR OVERALL RESULTS.

Indemnity. You agree to indemnify, defend and hold harmless Gripsta Gear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

User Submissions. If, whether with our without our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.   We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

Personal Information. Your data and personal information is governed by our Privacy Policy, which can be viewed here: https://gripsta.com/policies/privacy-policy 

Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

Governing Law/Forum Selection.  These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction.  By agreeing to these Terms, all parties irrevocably submit themselves to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute related to these Terms and their enforcement.  The parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties as to any of these Terms. 

Costs of Litigation.  If either party to these Terms brings any action against the other party regarding the subject matter hereof, the party bringing the action against Gripsta Gear will be responsible for paying Gripsta Gear’s attorney fees and court costs.

Your Representations.  By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Gripsta Gear.  You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site.  You also represent and warrant that any information you provide us is true and accurate.

Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

Contact. Questions about the Terms of Service should be sent to us at contact@gripsta.com.  
Our mailing information is: P.O. BOX 1850, Prosper, Texas 75078.