Gear Guru_T&C

Gear Guru Membership Agreement

Last updated on December 22, 2024

Sunset Technologies, Inc. d/b/a Gear Guru (“Gear Guru”) provides independent automotive repair advisory services and provides references of automotive repair providers (collectively, “Service Providers”) to allow you, the user, the opportunity to evaluate them to assist you with your automotive repair needs. Gear Guru also operates certain products whereby Gear Guru facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Gear Guru at any time shall be defined herein as “Service” or “Services.”

To use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Gear Guru from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Gear Guru-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. GEAR GURU SERVICE

Gear Guru provides independent automotive repair advisory services and provides referrals to Service Providers to allow you to evaluate them to assist you with your automotive repair needs. In doing so, Gear Guru’s independent service advisors (“Advisors”) may provide a preliminary evaluation and cost estimate (“Preliminary Evaluation”) to repair your vehicle.

Gear Guru earns revenue from Gear Guru Service Providers who meet certain eligibility requirements and pay Gear Guru to advertise their services to you (“Advertisers”). For example, Advertisers can pay Gear Guru to offer Promotions on the website, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Gear Guru’s members.

Gear Guru reserves the right to modify the Service at any time and in its sole discretion.

2. REGISTRATION INFORMATION

As a condition of your use of the Service, you agree to: (a) provide Gear Guru with true, accurate, current and complete information as prompted by the Gear Guru’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

3. MINIMUM AGE AND OWNERSHIP

You must be 18 years of age or older to use or register for Services. If a Gear Guru’s Advisor provides a diagnostic analysis on your vehicle, you must be the legal owner of the vehicle.

4. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

5. PRIVACY POLICY

Gear Guru has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.

6. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, Gear Guru grants you a limited license to access and use the referrals offered by the Service for your personal purchase decisions. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose any content, without the express written consent of Gear Guru.

7. PRELININARY EVALUATION AND ADVISORS

Gear Guru does not guarantee the accuracy, integrity, quality or appropriateness of any Preliminary Evaluation as a result of the Service. You agree that you must evaluate and make your own judgment and bear all risks associated with any repair of your vehicle.

By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Preliminary Evaluation that you receive, access, transmit or otherwise convey through the Service. Under no circumstances will Gear Guru be liable in any way for any Preliminary Evaluation, including, but not limited to, any Preliminary Evaluation that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Preliminary Evaluation submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Gear Guru relating to Preliminary Evaluation, and release Gear Guru from any and all liability for or relating to any Preliminary Evaluation.

You agree that Gear Guru is not responsible for the accessibility or unavailability of any Advisor for your interactions and dealings with them, waive the right to bring or assert any claim against Gear Guru relating to any interactions or dealings with any Advisor, and release Gear Guru from any and all liability for or relating to any interactions or dealings with Advisors.

Gear Guru may, in its sole discretion, have criminal background checks conducted on certain Advisors. By having such background checks conducted, GEAR GURU DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 14 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).

8. SERVICE PROVIDERS

Gear Guru does not endorse and is not responsible or liable for any Service Provider, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should you use or rely on Service Provider for promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, Gear Guru is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance, your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Gear Guru. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

You agree that Gear Guru is not responsible for the accessibility or unavailability of any Service Provider for your interactions and dealings with them, waive the right to bring or assert any claim against Gear Guru relating to any interactions or dealings with any Service Provider, and release Gear Guru from any and all liability for or relating to any interactions or dealings with Service Providers. In addition, you agree that Gear Guru may exclude Service Providers from displaying in search results on the Gear Guru Website for failing to meet particular Gear Guru standards regarding Service Provider conduct. In addition, you understand that Gear Guru may exclude Service Providers from displaying in search results on the Gear Guru Website for failing to meet particular Gear Guru standards regarding Service Provider conduct and performance.

Gear Guru may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, GEAR GURU DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).

9. YOUR CONDUCT

In connection with your use of the Service, you represent and warrant that you:

are above the age of eighteen (18);
are the legal owner of the vehicle that related to any request for a Preliminary Analysis
will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
will not take any action that would undermine Preliminary Evaluation under the service
will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
will not use the Service in any way that could interfere with the rights of Gear Guru or the rights of other users of the Service;
agree not to re-sell or assign your rights or obligations under this Agreement;
will not reproduce, duplicate, copy, sell, re-sell or exploit any Preliminary Evaluation or other content;
will not access any Preliminary Evaluation content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Gear Guru, which consent may be withheld by Gear Guru in our discretion;
grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Preliminary Analysis and to prepare derivative works of, or to incorporate such Preliminary Analysis into other works, and to grant and to authorize sublicenses of the foregoing;
agree not to use Gear Guru Services if you previously have been banned from using the services; and
agree not to:(i)access Gear Guru on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Gear Guru personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

Gear Guru may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Gear Guru may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

10. DISCLOSURE OF INFORMATION

As Gear Guru continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

11. TERM AND TERMINATION

The term of this Agreement (“Term”) will be in effect for one (1) year and shall automatically renew for additional one-year terms each time you access our Service.

Gear Guru may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service.

Termination of your account will include removal of your access to all offerings of the Service, deletion of all related information and files, may include the deletion of the Preliminary Evaluations associated with your account (or any part thereof), and barring your further use of the Service.

12. MODIFICATION OF TERMS AND CONDITIONS

Gear Guru will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our website. You will receive notice if modifications to the Agreement are made. Gear Guru will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied because of such modification(s), your only recourse is to immediately discontinue use of the Service.

13. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

Gear Guru reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. You agree that Gear Guru will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Gear Guru may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You agree that Gear Guru has no responsibility or liability for the deletion or failure to store any Preliminary Analyses and other communications maintained or transmitted by or through the Service. You agree that Gear Guru has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

14. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Gear Guru is not responsible for any delays, failures or other damage resulting from such problems.

15. COPYRIGHT MATERIALS

Aside from Service Provider content, all other materials and other information on the Website including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Gear Guru and/or its licensors and are protected by all United States and international copyright laws.

16. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT GEAR GURU ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. GEAR GURU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR GEAR GURU COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEAR GURU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GEAR GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY GEAR GURU OR THE FAILURE OF GEAR GURU TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT GEAR GURU IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, GEAR GURU’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO GEAR GURU.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gear Guru, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful information provided by you to Gear Guru or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Gear Guru will have sole control of the defense of any such damage or claim.

19. NOTICE

You agree that Gear Guru may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Gear Guru will be provided by sending a letter, first class certified mail, to Gear Guru’s List, d/b/a Gear Guru, 8577 Sudley Road, Ste D, Manassas, VA 20110, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Gear Guru will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Sunset Technologies, Inc. d/b/a Gear Guru
8577 Sudley Rd, Ste D
Manassas, VA 20110

20. ENTIRE AGREEMENT

This Agreement governs your use of the Service and constitutes the entire agreement between you and Gear Guru. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Gear Guru regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Gear Guru under this Agreement.

21. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Gear Guru, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Gear Guru may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Gear Guru. Gear Guru's address for such notices is: Sunset Technologies, Inc., d/b/a Gear Guru, Attn: Legal Department, 8577 Sudley Road, Ste D, Manassas, VA 20110.

Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Gear Guru agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Gear Guru will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. You and Gear Guru agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Gear Guru agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability. You and Gear Guru agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

22. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Virginia.

23. PROVISIONS REMAINING IN EFFECT

In the event your Plan with Gear Guru is terminated or lapses or you are no longer a user of Gear Guru, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 8, 10 and 15 through 21.

24. MISCELLANEOUS

This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Gear Guru’s rights if Gear Guru fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Gear Guru agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Gear Guru as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.