Terms of Service

Introduction

Welcome to HeyGears website!

These terms and conditions (“Agreement” or “Terms”) govern your use of the BusinessOnline.heygears.com website (the “Site”), any other written, electronic, and oral communications with HeyGears, or any websites, pages, features, or content owned and operated by us (collectively, including the Site the “Services”). You must be aged 18 or older to use the Services.
Services. The website is provided by HEYGEARS Inc.and its related companies. Where applicable, “HeyGears”, the “Company”, “we”, “us” and “our” shall refer to HEYGEARS Inc and its affiliates and “you” or “your” shall refer to the user of the Services.
Policy Modification: HEYGEARS may change this Policy from time to time, to reflect how we process your data, and if we make changes, we will revise the effective date or last modified date at the top of this Policy. If we make changes that materially affect your privacy rights, we will attempt to provide advanced notice (including via real- or near real-time disclosures) or otherwise via the Site, or by some other means of contact so that you have a reasonable opportunity to review the changes before you continue to use the Site or the Services.
The Services provide an online marketplace that enables users in the United States to purchase products from HeyGears. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND HEYGEARS. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Acceptance of Terms

1.1 Agreement to Terms

Before registration and using the HeyGears services, please read and thoroughly understand this service agreement and choose to accept or not accept this service agreement after confirming that you fully understand it; once you complete the registration or start using the HeyGears services in other ways, you will be regarded to read and agreed to be bound by this service agreement. If you do not agree to this service agreement or any of its terms, you should no longer register or use the HeyGears services.
By accessing or using the website, you agree to be bound by these Terms of Service.

1.2 Modification of Terms

• We reserve the right to modify or update these Terms of Service in any time. Any changes will be communicated to you.
• Based on the timeliness, complexity, efficiency and other characteristics of the Web Services and regulatory requirements, policy adjustments and other reasons, you agree that HeyGears may adjust this service agreement and HeyGears’ related service rules from time to time, and make them available through one or more of the following methods: website announcement, email notification, SMS notification, system message, intranet, etc. If you continue to use the HeyGears service after the adjustment, it means that you have fully read, understood and accepted the modified content and will follow the modified content; after the announcement of the change of the content of this service agreement, if you do not agree with the modified service agreement, you have the right to stop using the HeyGears service immediately.
• The content of this service agreement also includes HeyGears may continuously add the relevant agreements, business rules and other contents concerning the services provided. Once the above content is officially published and disclosed to you as described in article 3 of the general principle, it shall form an integral part of the service agreement and you shall also abide by it.

2. User Responsibilities

2.1 Eligibility

When registering or actually using the service in other permitted ways, you or your users shall be natural persons, legal persons or unincorporated organizations with full civil rights capacity and full civil conduct capacity.

2.2 Account Creation and Termination

You are responsible for providing accurate and up-to-date information when creating an account.
After filling in the information as prompted on the registration page, reading and agreeing to the service agreement and completing all the registration procedures, you can obtain a HeyGears account and become a user of HeyGears. (Tick to accept the terms and conditions when registering)
You shall accurately provide and timely update your account information in accordance with the requirements of laws and regulations or as prompted by the corresponding pages to make it true, timely, complete and accurate. If the information you provide is incorrect, inaccurate, outdated or incomplete, we may send you a notice of inquiry and/or request for correction, and you shall cooperate in providing or updating the relevant information as requested by us. If the information or information you fill in is not true, timely, incomplete or accurate, you shall be liable for the consequences and losses incurred during your use of HeyGears account (failing to register successfully, or the account being frozen or canceled).
You are solely responsible for protecting the confidentiality of your User Account, any order made via your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, rental, authorized, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by HeyGears due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by contacting us. To the fullest extent permitted by applicable law, HeyGears will not have any liability whatsoever to you for any suspension or termination of your User Account.

2.3 Prohibited Conduct

You agree not to engage in unauthorized use of intellectual property, spamming, or illegal activities.

2.4 Limitations on Use.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
• use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of HeyGears, or the rights of any third-party;
• to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
• use the Services in any manner that could disable, overburden, damage, or impair the website or any other party’s use of the Services;
• use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
• use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
• otherwise attempt to interfere with the proper working of the Service.

2.5 Accurate Information; Customs.

You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, neither HeyGears nor any Third-Party Seller will be responsible or be obligated to offer any compensation to you whatsoever. You hereby authorize HeyGears to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account. This includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Services. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.

3.Privacy Policy

HeyGears’ Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference.

4.Intellectual Property

4.1 Content.

The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content”), as well as the design of any products offered on the Services, may be the property of HeyGears or others and protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.

4.2 Marks.

The trademark HeyGears and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by HeyGears in connection with the Services, are trademarks, service marks, and trade dress of HeyGears (collectively, the “Marks” ) in the United States and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of HeyGears. All other trademarks not owned by HeyGears that appear in connection with products offered on the Services are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by HeyGears. Use of the Marks on any portion of the Services, is not a representation that HeyGears is the owner of any copyright or other intellectual property rights in the products offered for sale on the Services.

4.3 Rights Reserved.

You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to HeyGears (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and is subject to the Company’s review and monitoring. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. We reserve all rights not expressly granted in and to the Content.

4.4 Reviews, Comments and Submissions.

Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or App, including, without limitation, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to the Company on a non-exclusive basis without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to HeyGears (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable non-exclusive license to duplicate, use, or incorporate all your Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. You shall 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 Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.

5. Confidential Information

As a customer, HeyGears is committed to maintaining the confidentiality of information you submit or become aware of when registering for an account or using the HeyGears service, and not to disclose your information to third parties unless:
5.1 Available pursuant to this service agreement or other service agreements, contracts, online terms and other provisions between you and HeyGears;
5.2 Should be provided according to the provisions of laws and regulations or the requirements of administrative and judicial authorities;
5.3 Non-confidential information that HeyGears obtained through proper means and that is generally known in the industry;
5.4 Information known to HeyGears prior to its disclosure and under no obligation to keep confidential;
5.5 Information disclosed by a third party which in HeyGears's most prudent judgment does not require confidentiality;
5.6 You agree in writing to the confidential information disclosed by HeyGears;
5.7 To share your data with third parties to a reasonable and necessary extent in order to provide the services requested by you;
5.8 Subject to the agreed responsibilities of this service agreement, the confidential information has been made public or is available from the public domain.
5.9 As a user, you understand and agree that it is your customer's responsibility to provide confidentiality measures for information that you submit or become aware of when you register for an account or when you use HeyGears service.

6.Product Information and Pricing

6.1 Product Descriptions

While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted..

6.2 Pricing and Payment

All product prices listed on the Services are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. Any other regulatory fees that may be required by the state where your order is to be delivered will be charged to you separately, if applicable.
Prices may change at any time. All amounts are in U.S. dollars unless otherwise noted on the website.
Credit cards are subject to verification and authorization by the card issuer. If you made a purchase through your User Account, your purchase and order history are available in the “My Orders” section of your User Account. By clicking “Add to Cart” and “Confirm Order” in connection with an order on the Services, you are offering to purchase the applicable products available on the Services, the acceptance of such offer is in our sole discretion.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.

7. Order and Delivery

7.1 Order Placement

You are required to place your order in accordance with the contract signed in advance by both parties. if your order information does not correspond to the content of the contract signed in advance, HeyGears reserves the right to perform in accordance with the contract signed by both parties and has the final right of interpretation.

7.2 Delivery and Shipping

Although some of the products sold on the Services may be available to be shipped from a location within the United States, other products may be shipped from outside of the United States. We may include a “Quickship” tag on the product page of certain products. A “Quickship” tag will let you know that the item may be available to be shipped from a location in the United States. However, if such item is no longer available to be shipped from within the United States by the time your order is placed, it will be shipped from outside the United States.

8. Return and Refund Policy

8.1 Returns and Exchanges

We accept returns or exchanges under specified conditions and within specified time limits agreed by both parties.

8.2 Refunds

Refunds will be processed according to our refund policy, including any applicable fees or deductions.

9. Limitation of Liability

9.1 Disclaimer of Warranties

The website and its content are provided “as is” without any warranties.

9.2 Limitation of Liability

Our liability for any damages arising from the use of the website or products/services is limited to the extent permitted by law.

10. Indemnification

You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services, including any Third-Party Sellers; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. This provision does not require you to indemnify HeyGears' for any unconscionable commercial practice by HeyGears or for HeyGears’ fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.

11. Governing Law and Dispute Resolution

The Agreement shall be governed by the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Los Angeles, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12. Termination

12.1 Termination Rights

We reserve the right to terminate or suspend user accounts or access to the website under certain circumstances.

12.2 Effect of Termination

Upon termination, user content may be removed, and access to certain features may be lost.

13. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, it will be severed, and the remaining provisions will remain in effect.

14. Entire Agreement

These Terms of Service, contract signed before constitute the entire agreement between you and our company.

15. Events Beyond Our Control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
• Strike, lockout, or other forms of protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
• cInability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.

16. Export Control.

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed jurisdiction (currently, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic), or (b) to anyone designated on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties (including, but not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or Foreign Sanctions Evaders List or the U.S. Department of Commerce’s Denied Person’s List or Entity List). By using the Service, you represent and warrant that (i) you are not located in a country or territory that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “state sponsor of terrorism” and (ii) you are not listed on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons proliferation. You acknowledge and agree that products, services or technology provided by HeyGears' are subject to the export control laws and regulations of the United States and other applicable jurisdictions. You shall comply with these laws and regulations and shall not, without prior U.S. or other relevant government authorization, export, re-export, or transfer HeyGears' products, services or technology, either directly or indirectly, to any jurisdiction in violation of such laws and regulations.

Terms of Service

Services. The website is provided by HEYGEARS Inc.and its related companies. Where applicable, “HeyGears”, the “Company”, “we”, “us” and “our” shall refer to HEYGEARS Inc and its affiliates and “you” or “your” shall refer to the user of the Services.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1.1 Agreement to Terms

By accessing or using the website, you agree to be bound by these Terms of Service.

1.2 Modification of Terms

• We reserve the right to modify or update these Terms of Service in any time. Any changes will be communicated to you.

2.1 Eligibility

When registering or actually using the service in other permitted ways, you or your users shall be natural persons, legal persons or unincorporated organizations with full civil rights capacity and full civil conduct capacity.

2.2 Account Creation and Termination

You are responsible for providing accurate and up-to-date information when creating an account.

After filling in the information as prompted on the registration page, reading and agreeing to the service agreement and completing all the registration procedures, you can obtain a HeyGears account and become a user of HeyGears. (Tick to accept the terms and conditions when registering)

If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.

2.3 Prohibited Conduct

You agree not to engage in unauthorized use of intellectual property, spamming, or illegal activities.

2.4 Limitations on Use.

Additionally, you agree not to:

• use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of HeyGears, or the rights of any third-party;

• to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;

• use the Services in any manner that could disable, overburden, damage, or impair the website or any other party’s use of the Services;

• use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;

• use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or

• otherwise attempt to interfere with the proper working of the Service.

2.5 Accurate Information; Customs.

3.Privacy Policy

HeyGears’ Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference.

4.1 Content.

4.2 Marks.

4.3 Rights Reserved.

4.4 Reviews, Comments and Submissions.

Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.

5. Confidential Information

As a customer, HeyGears is committed to maintaining the confidentiality of information you submit or become aware of when registering for an account or using the HeyGears service, and not to disclose your information to third parties unless:

5.1 Available pursuant to this service agreement or other service agreements, contracts, online terms and other provisions between you and HeyGears;

5.2 Should be provided according to the provisions of laws and regulations or the requirements of administrative and judicial authorities;

5.3 Non-confidential information that HeyGears obtained through proper means and that is generally known in the industry;

5.4 Information known to HeyGears prior to its disclosure and under no obligation to keep confidential;

5.5 Information disclosed by a third party which in HeyGears's most prudent judgment does not require confidentiality;

5.6 You agree in writing to the confidential information disclosed by HeyGears;

5.7 To share your data with third parties to a reasonable and necessary extent in order to provide the services requested by you;

5.8 Subject to the agreed responsibilities of this service agreement, the confidential information has been made public or is available from the public domain.

5.9 As a user, you understand and agree that it is your customer's responsibility to provide confidentiality measures for information that you submit or become aware of when you register for an account or when you use HeyGears service.