Privacy Policy

The GizmoGrind Inc Privacy Policy explains how personal information about you is collected, used and disclosed by GizmoGrind Inc, (doing business as GizmoGrind Inc) ("GizmoGrind Inc", "we" or "us") when you access and use GizmoGrind Inc's websites, applications and services that link to this Privacy Policy (collectively, the "Services"). This Privacy Policy applies to any other kiosks, websites or other online or mobile services or applications of GizmoGrind Inc, or its subsidiaries.

Personal Information Collection

Information You Provide to Us.

We collect information you provide directly to us. For example, when you transact with us (e.g., offer to sell, donate, ship, or purchase a device) or register to open an account with GizmoGrind Inc, we ask for information about yourself, such as your name, email address, and zip code, which we collect and use as disclosed in this Privacy Policy. We may also collect additional information directly from you when you engage in certain activities on the Services, such as: (a) when you sign up for special offers; (b) when you contact us for help or customer support; (c) when you complete a survey; (d) when you post content or provide us with feedback; or (e) when you enter promotions or sweepstakes.

Providing information is purely optional on your part; however, not all features and services (such as, responding to your inquiries) would be available to you if you elect not to provide information. If you choose to provide us with personal information, you consent to the transfer and storage of that information by us.

Information We Collect Automatically.

We automatically collect information about you when you use our Services. For example, we may collect:

• Transactional Data: When you sell, donate, ship, purchase, or otherwise transact using the Services, we collect information about the transaction including device specifications, purchase price, and date and location of the transaction.

• Device Information: We collect information about the device you use to access our Services, including the hardware model, operating system and version, and unique device identifiers.

• Location Information: We may derive the approximate location of your device from your IP address.

• Log and Usage Information: We automatically receive and collect information on our server logs from your browser, including your IP address, the Uniform Resource Locator ("URL") that you just came from, which URL you next go to, browser type, browser language, date and time of your query, GizmoGrind Inc cookie information, and the pages you request.

• Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and web beacons. For more information about cookies and how to disable them, see “Cookies and Other Tracking Technologies” below.

Information We Collect From Other Sources. For example, we may collect information about you from third parties, including but not limited to credit bureaus and publicly available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.

Information We Derive. We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address.

Use of Personal Information

We primarily will use your personal information to provide the Services to you. We also use your personal information to: (a) send you marketing messages and to customize, measure, and analyze the advertising and content you see; (b) fulfill any transactions, including your requests for products and services; (c) improve our Services and offerings to you; (d) conduct research (for example, we may contact you for feedback about our products); (e) provide you with support; (f) provide you with updates and notices about the Services, our Privacy Policy and terms and conditions; (g) communicate with you regarding the Services; (h) provide you with offers from us, our affiliates and from third parties that may be of interest to you; (i) facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; (j) investigate fraud and for security purposes, and where necessary to protect ourselves and third parties; (k) comply with our legal and regulatory obligations; (l) diagnose problems with our servers and software; and (m) with your consent or at your direction.

Cookies and Other Tracking Technologies

We use various technologies to collect information, and this may include placing cookies on your computer. A "cookie" is a small file containing a string of characters that is sent to your computer and stored on your hard drive when you visit a website; many major Web services use them to provide useful features for their users. Each web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services. GizmoGrind Inc uses cookies for the following general purposes: (a) to provide you with your personalized content; (b) to display the most appropriate advertisements, based on your interests and activity on our web site; and (c) and to help us analyze and estimate our traffic and use of features on the Services.

We may also use "pixel tags," which are small graphic files that can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer. We may use pixel tags, either provided by us or by our third party advertisers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you.

We also may allow certain analytic services and providers of applications used on the Services (e.g. sharing buttons) to collect information by placing cookies on the Services that will track certain performance of our Services, such as, web traffic, click-throughs, etc., in order to assist us and our service providers in better understanding the interests of our users and to better serve those interests.

Third-Party Advertising and Analytics

We may use other companies under agreements with us to serve advertisements on our behalf and to provide analytics services. These companies may collect and use information about your visits to the Services and other Web sites (including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information) in order to, among other things, provide advertisements about goods and services likely to be of greater interest to you and to better understand your online activities. These companies typically use a cookie, a third party web beacon and/or pixel tags to collect this information. To learn more about this behavioral advertising practice in general and the options that you have, including your option or to opt-out of this type of advertising, you can visit www.aboutads.info/choices.

We may also work with third parties to serve ads to you as part of a customized campaign on third-party platforms (such as Facebook or Instagram). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.

Personal Information Sharing and Disclosure

GizmoGrind Inc does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

• To vendors, service providers, and consultants who work on behalf of GizmoGrind Inc and perform services for us under confidentiality agreements, including payment processing, assisting with promotions, and providing technical services;

• In response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

• When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of GizmoGrind Inc's terms of use, or as otherwise required by law; and

• We may transfer information about you if GizmoGrind Inc is acquired by or merged with another company. In this event, GizmoGrind Inc will post a notice on its website before information about you is transferred and becomes subject to a different privacy policy.

We may also share aggregated or de-identified information that cannot reasonably be used by third parties to identify you.

Links to Third Party Sites

The sites displayed as search results or linked to by the Services are developed by people over whom GizmoGrind Inc exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. GizmoGrind Inc may present links in a format that enables us to understand whether they have been followed. We use this information to understand and improve the quality of GizmoGrind Inc's search technology. For instance, this data helps us determine how often users are satisfied with the first result of a query and how often they proceed to later results.

Social Media Plug-ins

Social media plug-ins of social networks such as Facebook, Twitter, LinkedIn, Yahoo, Windows and Google plus (among others) are integrated on GizmoGrind Inc's website. Where GizmoGrind Inc sites contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook "Like" feature, the Twitter "Tweet this" feature and Google plus "1+" button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit GizmoGrind Inc's website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc. then you may be permitting us to have on-going access to some limited information from your social network profile (such as name, email address, photo, gender, location, the people/sites you follow etc.). If you do not want the social network to collect the information about you described above, or to share it with GizmoGrind Inc and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit GizmoGrind Inc's site. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser.

Your Ability to Edit and Delete Your Account Information and Preferences

Registered users can edit their GizmoGrind Inc account information, including contact preferences, at any time from their "My Account" account management page which you can find at www.GizmoGrind.com. We may, from time to time, send you e-mails regarding our products and services and third party products and services that may be of interest to you. You will have the opportunity to opt out of any further mailings at any time; provided, however, that we reserve the right to send you certain communications relating to the Services, such as (a) communications related to fulfilling a transaction, (b) service announcements, (c) notices regarding GizmoGrind Inc's legal terms and this Privacy Policy; and (d) administrative messages, which are considered part of your GizmoGrind Inc account. You will not have the opportunity to opt-out of receiving such notices. You can delete your GizmoGrind Inc registered account by requesting an account deletion via email to info@GizmoGrind.com. You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.

Confidentiality and Security

We limit access to personal information about you to our employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.

Third Parties

This Privacy Policy only addresses the use and disclosure of information we collect from you. This policy does not apply to the practices of companies that GizmoGrind Inc does not own or control or to people that GizmoGrind Inc does not employ or manage. The Services may include applications, content and/or ads from third parties that may perform user activity tracking in addition to that described herein; GizmoGrind Inc accepts no responsibility for said activities. GizmoGrind Inc does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others. For more information about each such third party, please refer to the third party's privacy policy.

Changes to this Privacy Policy

We may amend this Privacy Policy at any time by posting the amended terms on this site. In addition, we will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your GizmoGrind Inc account or by placing a prominent notice on our site.

Children

GizmoGrind Inc is intended for general audiences. GizmoGrind Inc does not knowingly collect or maintain information from users under 13, and no part of the GizmoGrind Inc Services are targeted to attract anyone under 13.

Your California Privacy Rights

Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act (California Civil Code Section 1798.100 et seq. (“CCPA”). If you are a California resident, this section applies to you.

Collection of Personal Information. In the last 12 months, we collected the following categories of personal information: identifiers (such as name, contact information, and government-issued identification number), commercial information (such as time, date and location of a transaction), location information, internet or other electronic network activity information (such as browsing behavior), demographic information (such as data gathered from credit bureaus), audio, electronic, visual or similar information (such as customer support calls), and inferences we make. For more details about the personal information we collect, including the categories of sources, please see “Personal Information Collection” above. Use and Disclosure of Personal Information. We collect the categories of personal information listed above for the business and commercial purposes described in “Use of Personal Information.” We share this information with the categories of third parties described in “Personal Information Sharing and Disclosure” above.

Sales of Personal Information. California law requires that we provide transparency about personal information we “sell,” which for purposes of the CCPA broadly means scenarios in which we have shared personal information with third parties in exchange for valuable consideration. We do not, and will not, sell your identifying information (such as your name, email address, phone number, or postal address); however, as described above in “Cookies and Other Tracking Technologies” and “Third-Party Advertising and Analytics,” we do allow our advertising partners to use cookies and other technologies to collect personal information about you in order to show you advertisements that are targeted to your interests. In order to opt out of disclosures to these third parties for targeted advertising, please follow the opt out instructions in the “Third-Party Advertising and Analytics” section above.

Your Consumer Rights: Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information we collect, to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. California consumers may make a rights request by calling 1-800-897-1859 or emailing info@gizmogrind.com. We will verify your request by asking you to provide identifying information and information related to your recent interactions with us. If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.

Notice to Nevada Residents

We do not currently sell your covered information as those terms are defined under applicable Nevada law. You may still submit an opt-out request and we will honor that request as required by Nevada law if we were to engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request by calling 1-800-897-1859 or visiting this page info@gizmogrind.com. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request.

Request for Information

If you have questions, concerns or suggestions, please feel free to send an email to info@GizmoGrind.com. Last Update: February/1/2021

Terms of Sale Agreement

GizmoGrind offers services (the "GizmoGrind Services") through which you can sell certain consumer electronic products (the "Products") after receiving an "offer" from GizmoGrind by identifying your Product and completing check-out on the GizmoGrind Websites. You must agree to abide by the following terms in order to use the GizmoGrind Services and/or the GizmoGrind Websites.
BY SETTING UP AN ACCOUNT, OR BY USING GIZMOGRIND'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE GIZMOGRIND WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. GizmoGrind reserves the right to terminate or suspend your use of the GizmoGrind Websites and/or the GizmoGrind Services if you do not comply with this Agreement or any other GizmoGrind policy or procedure, or for any other reason we determine, in our sole discretion.

1. About These Terms. These terms govern any offer that you receive to sell your Product to or through GizmoGrind. These terms, the terms that govern your use of GizmoGrind's web sites ("GizmoGrind Websites"), the GizmoGrind Services and any and all applications included therein, which terms are located at https://www.GizmoGrind.com/legal, the terms of GizmoGrind's privacy disclosures located at https://www.GizmoGrind.com/privacy-policy and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and GizmoGrind (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "GizmoGrind," "we" or "us" means GizmoGrind and its affiliates and subsidiaries.
2. Requirements. In order to complete the sale of your Product to or through GizmoGrind or to complete any other transaction with GizmoGrind, you must: (i) Create an account with us; (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us. In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. GizmoGrind shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from GizmoGrind and GizmoGrind is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
3. Product Eligibility. GizmoGrind determines, in its sole discretion, which Products are eligible for purchase by or through the GizmoGrind Services and for which eligible Products GizmoGrind will provide an offer. GizmoGrind may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days pursuant to Section 9 below.
4. Condition Defined. GizmoGrind uses three (3) basic Product conditions to grade Products, ranging from "Flawless" or "No Noticeable Flaws" to "Broken" or "Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, GizmoGrind's Product definitions are as follows:Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good or Normal wear and tear: the item has visible signs of use, but is otherwise 100% functional. Broken or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the GizmoGrind Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at GizmoGrind's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting GizmoGrind's customer care.
5. Product Valuation. All offers will be based on GizmoGrind's own determination of the Product value in reliance on the accuracy of the information you supply us. GizmoGrind will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to GizmoGrind at the offered price. If you do not accept GizmoGrind's offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
6. Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to GizmoGrind and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). The Products and the sale and shipment of such items to GizmoGrind: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the GizmoGrind Services, you agree to indemnify GizmoGrind from all claims or losses sustained by GizmoGrind as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to GizmoGrind. GizmoGrind is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
7. Sending GizmoGrind Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your offer. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a revised offer.
8. Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. GizmoGrind's standard practice is to remove all such data from your Product; however, GizmoGrind makes no guarantee that it will do so. By sending GizmoGrind your Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to GizmoGrind, or for such data's security, integrity, confidentiality, disclosure or use. GizmoGrind is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
9. Product Inspection; Offer Recalculation. Your Product must be received by GizmoGrind within thirty (30) days after you accept the original offer provided by GizmoGrind and complete the check- out process on the GizmoGrind Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by GizmoGrind should be followed in order to avoid possible damage to or loss of the Product in transit. GizmoGrind will inspect all Products that are received. GizmoGrind has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If GizmoGrind rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. GizmoGrind reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by GizmoGrind after the Delivery Period, and/or (c) GizmoGrind receives Product(s) that are different from those identified when your offer was calculated.
10. Recalculated Product Offers after Inspection. In the event GizmoGrind recalculates the offer it provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, GizmoGrind will return the Product to you at the address from which it was originally sent. GizmoGrind will give you a period of five (5) days after GizmoGrind presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). GizmoGrind will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
11. Releasing Rights to Product. Once you send GizmoGrind your Product, GizmoGrind cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if GizmoGrind rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
12. Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products until delivery of the same to GizmoGrind. You are responsible for any damages that may occur to your Product while in transit. GizmoGrind is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event GizmoGrind returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once GizmoGrind delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
13. Passing of Title. Title to the applicable Product passes to GizmoGrind upon GizmoGrind's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
14. Non-Transferable. Any offer by GizmoGrind for your Product is non- transferable and not redeemable for any other consideration other than what is offered by GizmoGrind.
15. Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of Canada, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the Canadian Government. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey your Product to GizmoGrind, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: Canadian And US trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into Canada, either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to GizmoGrind for sale, any Products that would violate the provisions of this Section 15 or any provisions under Canadian Law.
16. Promotions. From time to time, and at GizmoGrind's sole discretion, GizmoGrind may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. GizmoGrind reserves the right, in its sole discretion, to cancel or refuse promotions.
17. Accuracy of all Information. GizmoGrind makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, GizmoGrind reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer. In the event the Product has already been sent to GizmoGrind, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to GizmoGrind, GizmoGrind will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
18. Privacy. We view protection of users' privacy as a very important community principle. When you use the GizmoGrind Web Sites and the GizmoGrind Services, we collect information about you. You agree that we may collect and use your information in accordance with the GizmoGrind Privacy Policy, which you can review by going to https://www.GizmoGrind.com/privacy-policy, as the same may be updated from time to time. If you object to your information being transferred or used in this way please do not use our Web sites or services.
19. Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize GizmoGrind to provide you with terms and important notices about GizmoGrind and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.GizmoGrind.com. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the GizmoGrind Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.GizmoGrind.com.
20. Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the GizmoGrind Websites and the GizmoGrind Services, including all devices, Internet browsers and Internet access. If you access the GizmoGrind Website and the GizmoGrind Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
21. Use of Services. By using GizmoGrind Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by GizmoGrind; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the GizmoGrind Websites.
22. No Warranties. WE PROVIDE THE GIZMOGRIND SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH GIZMOGRIND WILL MEET YOUR REQUIREMENTS.
23. Limited Liability. IN NO EVENT SHALL GIZMOGRIND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH GIZMOGRIND UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
24. Indemnity. You agree to indemnify, defend, and hold harmless GizmoGrind, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
25. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by GizmoGrind of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
26. Correction of Errors and Inaccuracies. The GizmoGrind Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. GizmoGrind therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. GizmoGrind does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
27. Modification. GizmoGrind reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the GizmoGrind Websites and/or the GizmoGrind Services. Your continued use of any GizmoGrind Website and/or GizmoGrind Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to GizmoGrind, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the GizmoGrind Websites and/or the GizmoGrind Websites. The Agreement is and will be located at https://www.GizmoGrind.com/ main/service_terms. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
28. Applicable Law and Venue.

THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CANADIAN LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF ONTARIO. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN TORONTO, ONTARIO, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email info@GizmoGrind.com.