Terms of service

OVERVIEW
This website is operated by Get A Grip Gaming. Throughout the site, the terms “we”, “us” and “our” refer to Get A Grip Gaming. Get A Grip Gaming offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting or using any part of our site and/ or purchasing something from us, you engage our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “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.  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. 

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.

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.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of Services. 

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or our products, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:  www.getagripgaming.com/policies/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate or that any products you purchase will be the exact same shade or color as those displayed on this site.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right, but not any obligation, to limit the quantities of any products or Services that we offer in general and as to any particular customer or persons acting in concert with each other. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. 
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - LIMITED WARRANTY
We warrant that our products and workmanship are free from material defects for 3 months from the date of your purchase (the “Warranty Period”), assuming normal usage of our products for their intended purpose and excepting regular wear and tear, damage inflicted by any user of our products, or any other misuse of our products.  During the Warranty Period and beyond the 14-day return period, the exclusive remedy for any defects in our products or workmanship shall be the repair (if reasonably feasible as determined in our sole discretion) or replacement of the applicable product(s) at no cost or expense to the original purchaser, except shipping costs.  This limited warranty is only for original purchasers of our products and is not transferable or assignable to any other person or user of our products.  In the event the original purchaser of our products sells or otherwise transfers the products to a different person, this limited warranty becomes null and void. 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate personal, purchase and account information for all purchases made at our site and store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please review our Refund Policy: https://getagripgaming.com/policies/refund-policy

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service 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 of, 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.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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 may violate 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 your personal information or 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. 

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://getagripgaming.com/policies/privacy-policy

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content pr any of our products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement -- all of which are expressly disclaimed by us.
In no case shall Get A Grip Gaming, our directors, officers, members, principals, owners, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.  Your sole remedy against us, and our maximum liability to you, shall be limited to the relief described in our Refund Policy.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Get A Grip Gaming and our parent, subsidiaries, affiliates, partners, officers, directors, members, principals, owners, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, loss, or expense, including reasonable attorneys’ fees, made by or in connection with any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your misuse or mistreatment of our products or Service, or your violation of any law or the rights of a third-party. 

SECTION 16 - 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 modified only to the extent necessary to comply with the law applicable for that particular jurisdiction, and such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 17 - 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 us.  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 may terminate your use of this site or 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 future access to our Services (or any part thereof).

SECTION 18 - 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 constitute the entire agreement and understanding between you and us and govern your use of the Service and our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us concerning the same subject matter (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.

SECTION 19 - ASSIGNMENT
You may not assign this agreement or any rights herein to any other person or entity without our written consent. 

SECTION 20 - GOVERNING LAW; EXCLUSIVE VENUE
These Terms of Service and any separate agreements whereby we provide you Services or products shall be governed by and construed in accordance with the applicable laws of United States and the State of Ohio notwithstanding any conflicts of law principles.  Except for unresolved disputes that are subject to arbitration as described in these Terms of Services, all claims brought by you against us must be brought in the small claims court of Delaware County, Ohio, on an individual basis and not as a class representative or part of a class action.  You consent to personal jurisdiction in the State of Ohio, and to the jurisdiction and exclusive venue of the small claims court of Delaware County, Ohio.

SECTION 21 - MANDATORY ABITRATION / WAIVER OF RIGHT TO JURY

Except for disputes and claims brought and resolved in small claims court in Delaware County, Ohio, you and we agree to arbitrate all unresolved disputes arising out of or relating to our Services or products or your use of our site or Services (collectively, the "Claims"), and YOU WAIVE THE RIGHT TO HAVE A COURT OR JURY DECIDE ANY SUCH DISPUTES.  You also waive all rights to proceed as a member or representative of a class action, including class arbitration, regarding disputes arising out of or relating to our Services or products or your use of our site or Services.  

The party filing an arbitration must file with, and follow the rules and procedures for initiating and pursuing an arbitration of, the American Arbitration Association.  Any arbitration hearing must be held within Franklin County or Delaware County, Ohio at a specific place chosen by the arbitration forum, or at some other place to which you and we agree in writing.  You may obtain copies of the current rules of the American Arbitration Association and instructions for initiating an arbitration by contacting them at:

          American Arbitration Association
          335 Madison Avenue, Floor 10
          New York, NY 10017-4605
          Web site:  www.adr.org

At any time you or we may ask an appropriate court to compel arbitration of any disputes the we may have, or to stay any court action between us pending completion of arbitration.  Even if a party fails to exercise these rights at any particular time, that party can still require arbitration at a later time until trial commences.

A single neutral arbitrator shall resolve any and all Claims, which shall be final and binding on all parties without any right of appeal.  The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration forum.  The arbitration will follow procedures and rules of the arbitration forum in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail.  Those procedures and rules may limit the discovery available to you or us.  The arbitrator will take reasonable steps to protect financial information, confidential business information, customer account information and other confidential information if requested to do so by your or us.  The arbitrator will apply applicable substantial law consistent with the Federal Arbitration Act and applicable statues of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under this Agreement and applicable law if not waived in this Agreement.  You or we may choose to have a hearing and be represented by counsel.  The arbitrator will make any award in writing and if requested by you or us will provide a brief statement of the reasons for the award.  An award in arbitration shall determine the rights and obligations between the named parties only and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. 

Whoever files the arbitration pays the initial filing fee.  If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration forum.  Beyond the initial filing fee, all other arbitration fees and arbitrator compensation shall be paid equally by both sides. Each party will bear the expense of that party's own attorneys, experts and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (excluding attorneys' fees) from another party if the arbitrator, applying applicable law, so determines.

SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@getagripgaming.com.
Our contact information is posted below:
Get A Grip Gaming, LLC
support@getagripgaming.com
3982 Powell Rd #22, Powell, OH 43065
614-285-4198