TERMS AND CONDITIONS
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GAK OFFERS YOU ACCESS TO THE GAK PORTAL (GaK).
This document describes the terms and conditions applicable to your use of GaK. If you do not agree to be bound by these Terms and Conditions, do not use or access the GaK Portal.
You must read, agree with and accept all of the provisions contained in these Terms and Conditions and those incorporated by reference, before you may use the Program. We strongly recommend that, as you read these Terms and Conditions, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Please note: underlined words and phrases are links to these pages and websites.
A. Overview of GaK
A. GaK is an secondary market designed for the sale of electronics at a good price from a trusted name.
B. GaK Rating
A. GaK takes no responsibility for their three-point rating scale. The scale is only intended to serve as a buyers guide and is designed to reflect the quality of products sold on GaK, to the best of our experts ability.
Limitation of Liability
1. By participating in GaKs Portal, members acknowledge that technical processing and transmission of information on the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. GaK is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the Program or utilized by the member; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, inability to access the Website or on-line service; (f) any other technical or non-technical error or malfunction; or (g) fraud or unauthorized use of Member's account.
2. By participating in GaK, each member accepts all responsibility for, and hereby indemnifies and holds harmless GaK, BDA Provider(s) and each of their related companies, and each such company's respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT EBAY HAS IMPROPERLY DENIED THAT MEMBER ANY ANYTHING POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF ANYTHING POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
4. Notwithstanding any other provision of these Terms and Conditions, in the event there is a direct conflict between these Terms and Conditions and either the particular GaK User Agreement that pertains to you concerning any aspect of your participation in GaKs Portal, these Terms and Conditions will control and prevail, including but not limited to those Terms and Conditions dealing with limitation of liability, arbitration, governing law and jurisdiction.