Effective as of January 5, 2025.

These Terms and Conditions ("Terms") govern your use of Overgeared, LLC’s ("Overgeared Games," "we", “us” or "our") website, www.overgearedgames.com, and any purchases or interactions you have with us. By accessing or using our website, you agree to be bound by these Terms (including our Privacy Policy and Refund Policy). If you do not agree with any part of these Terms, please do not use our website or services. Please read these Terms so you understand our policies.

1. Use of the Website

1.1 License and Website Access

1.1.1. Overgeared Games grants you a limited license to access and make personal use of its website, www.overgearedgames.com,  and not to download (other than page caching) or modify it, including any portion of it, except with our express written consent. This limited license does not include any of the following:

1.1.1.1. Any resale or commercial use of this site or its contents;

1.1.1.2. Any collection and use of any product listings, descriptions, or prices;

1.1.1.3. Any derivative use of this site or its contents;

1.1.1.4. Any downloading or copying of account information for the benefit of another merchant; or

1.1.1.5. Any use of data mining, robots, or similar data gathering and extraction tools.

1.1.2. The following uses are strictly prohibited, and terminates the permission and/or license granted by Overgeared, LLC for the use of this website:

1.1.2.1. This website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

1.1.2.2. No framing techniques can be utilized to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of overgearedgames.com’s website and our affiliates without our express written consent.

1.1.2.3. You may not use any meta tags or any other "hidden text" utilizing overgearedgames.com’s name or trademarks without the express written consent of Overgeared, LLC.

1.1.3. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of overgearedgames.com as long as the link does not portray overgearedgames.com, its products and/or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any overgearedgames.com logo, any other proprietary graphic and/or any trademark as part of the link without express written permission.

1.2 Eligibility

By using our website, you represent and warrant that you are at least 18 years old or accessing the site under the supervision of a parent or guardian. You agree to use the website only for lawful purposes and in accordance with these Terms.

1.3 User Account

1.3.1 Account Registration

To access certain features of the website or place an order, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

1.3.2 Account Responsibility

By using this site, you take responsibility for the safety of your password and using it on our Web site. You agree to take responsibility for any activity that takes place under your account or password.  Multiple account creation is not allowed, will get all of your associated accounts banned and any of your open orders cancelled and refunded.  If there is a legitimate reason to create more than one account, please contact us prior to said creation at support@overgearedgames.com.

2. Orders and Payment

2.1 Product Descriptions

It is our intent to provide the most accurate information to ensure every customer understands what they order. However, we do not guarantee the accuracy or completeness of any product description nor any review, and cannot guarantee that they do not contain errors nor omissions. If an ordered product does not match the description, your sole remedy is to return it unused and undamaged for a refund. Any request for a refund must follow our Refund Policy, and will be processed at our sole descretion.

It is always recommended to contact us at support@overgearedgames.com if there are any questions, prior to placing any order.

2.2 Product Availability

All products listed on our website are subject to availability. We reserve the right to limit the quantity of any products we offer and to discontinue any product at any time without notice.

2.3 Pricing

Prices for products are listed on our website and are subject to change without notice. We strive to ensure that all prices are accurate; however, errors may occur. If we discover an error in the price of a product you have ordered, we will notify you and give you the option to reconfirm the order at the correct price or cancel it.

2.4 Payment Methods

We accept various payment methods, including credit cards, debit cards, and other payment gateways as listed on our website. By submitting an order, you authorize us to charge the applicable payment method for the total amount of your order, including any taxes and shipping fees.

2.5 Order Confirmation

After placing an order, you will receive an order confirmation email. This email does not signify our acceptance of your order; it is only a confirmation that we have received your order. We reserve the right to accept or decline your order for any reason.

2.6 Order Cancellation / Modification.

We reserve the right to decline the purchase of any item, cancel any order, and/or reduce the quantity of any item within any order for any reason at any time prior to shipment.

3. Shipping and Delivery

3.1 Shipping Policies

We ship products to various locations as specified on our website. Shipping costs and delivery times vary depending on the shipping method selected and the destination. Shipping fees are non-refundable.

3.2 Delivery

We strive to deliver your order within the estimated timeframes; however, delays may occur due to factors beyond our control. We are not responsible for any delays in delivery or any loss or damage that occurs during shipping.

3.3 Risk of Loss

All items purchased from our website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

4. Returns and Refunds

4.1 Return Policy

All products are brand new & factory sealed. We do not accept returns of any product in order to maintain the integrity of our inventory.

4.2 Refunds

Refunds will be processed based on our sole descretion, according to our Refund Policy. Shipping costs are non-refundable.

5. Intellectual Property

5.1 Ownership

All content on our website, including text, graphics, logos, images, and software, is the property of Overgeared, LLC or our content suppliers and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on our website without our express written permission.

5.2 Trademarks

All trademarks, service marks, and trade names on our website are proprietary to Overgeared Games or other respective owners. Unauthorized use of any trademarks displayed on the website is strictly prohibited.

5.3 Copyright

All content on this website, such as text, graphics, logos, button icons, images, audio clips, digital clips, digital downloads, data compilations, and the compilation of any and all content thereof, is the exclusive property of Overgeared, LLC and is protected by United States and international copyright laws.

Any and all software used in conjuction with this website is the exclusive property of Overgeared, LLC or its software suppliers and is protected by United States and international copyright laws.

For any content that is a copyright of any other company, such as Wizards of the Coast, the Pokemon Company or any other, Overgeared, LLC makes no claim to the copyright property of others.

5.4 Copyright Issues

We respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact us at support@overgearedgames.com.

6. User Conduct

6.1 Prohibited Activities

You agree not to use our website for any unlawful or prohibited activities, including but not limited to:

- Violating any applicable laws or regulations

- Engaging in fraudulent activities

- Infringing upon our intellectual property rights or the rights of others

- Distributing viruses, malware, or other harmful software

- Collecting or storing personal information of other users without their consent

- Interfering with the operation of the website or our services

6.2 User Content

If you submit any content, such as reviews or comments, to our website, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you have the right to submit the content and that it does not violate the rights of any third party.

7. Disclaimers and Limitation of Liability

7.1 Disclaimers

The website and all products and services provided through it are offered on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any use of this website or any affiliate website is at the sole risk of the user.

7.2 Limitation of Liability

To the fullest extent permitted by law, Overgeared, LLC and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the website, any affiliate website or link, products, or services of any kind or type.

8. Indemnification

8.1 You agree to indemnify, defend, and hold harmless Overgeared Games and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your violation of these Terms, use of the website or any related activities, including interaction with third party links and advertisements.

8.2 We may provide third-party links or advertisements. We do not guarantee anything contained on any third party website, link or any other internet portal or address, including their fitness for any particular use or purpose, nor guarantee their offerings, integrity or content. Any action you take with regard to a third party link or advertisement located on our website is taken at your sole risk and responsibility.

9. Submitted Content

We grant users the ability to submit content to our website, whether through posting, email, or any other form. Any content that we determine is inappropriate may be removed, solely at our discretion. Any posted content must be the property of the user, not be property of any other party, and shall become the property of Overgeared, LLC, to use as we see fit. Any user that submits content, in any form, agrees that their likeness, name, username, and any other information that is submitted with the associated content, can be used by us, in any manner we deem appropriate, for a duration determined solely by us.

By submitting any content, users agree with the following:

9.1 Any content posted by users must not violate this policy

9.2 Any content must not cause injury to any person or entity

9.3 Users will indemnify Overgeared, LLC., any subsidiaries and its affiliates, officers, directors, employees, and agents for all claims resulting from submitted content.

9.4 We have the right but not the obligation to monitor, edit and/or remove any activity or content. We take no responsibility nor assume any liability for any content submitted by users or any third party.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles, and any dispute of any sort that might arise between you and us.

10.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Ohio, and the decision of the arbitrator shall be final and binding. You agree to waive your right to a jury trial and to participate in a class action lawsuit.

11. Changes to the Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting to the website. Your continued use of the website after such changes are posted constitutes your acceptance of the revised Terms.

12. Severability

Any Terms that shall be deemed invalid, void, or for any reason unenforceable shall not affect the validity and enforceability of any remaining Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Overgeared, LLC
Dba Overgeared Games
3417 Princeton Rd, ste 103, Hamilton, OH 45011
support@overgearedgames.com
+1-888-745-2589