Terms Of Service

Last updated: 4/28/2023

Welcome to The Gadget Buyer, available at thegadgetbuyer.com (“Website”). The Website is owned and operated by RockTide Media, LLC (“we”, “us”, or “our”). Our business address is 4441 Six Forks Road, Suite 106-205, Raleigh, NC 27609. Please read these Terms of Service (“Terms”) carefully before using the Website, as they govern your use of the Website and its content. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

Acceptance of Terms

By accessing and using the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must discontinue your use of the Website immediately.

Content and Copyright

All content on the Website, including but not limited to text, graphics, logos, images, videos, and articles, is the property of RockTide Media, LLC or its content suppliers and is protected by copyright laws. Unauthorized use of the content is strictly prohibited.

User Conduct

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. You agree not to engage in any conduct that is harmful, harassing, defamatory, offensive, or otherwise objectionable.

Liability Disclaimer

The information and recommendations provided on the Website are for informational purposes only and should not be construed as professional advice. While we strive to provide accurate, up-to-date, and reliable information, we make no warranties, express or implied, as to the completeness, accuracy, reliability, or suitability of the information provided.

We expressly disclaim any and all liability for any actions taken or not taken based on the content of the Website, including but not limited to any errors or omissions in the content or any loss or damage of any kind arising out of the use, reference to, or reliance on any information contained within the Website.

Affiliate Disclosure

The Website may contain affiliate links, which means we may receive a commission if you click a link and make a purchase. This does not affect the price you pay for the product and helps us maintain the Website. We only recommend products we believe in and think may be useful to our readers.

Third-Party Websites

The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website.

Modification and Termination

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of North Carolina, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to update or modify these Terms at any time, and such changes will be effective immediately upon posting to the Website. Your continued use of the Website constitutes your acceptance of any updated or modified Terms.

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

RockTide Media, LLC 4441 Six Forks Road Suite 106-205 Raleigh, NC 27609 Email: pr@thegadgetbuyer.com

Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RockTide Media, LLC with respect to your use of the Website and supersede any prior agreements, whether written or oral, between you and us.

Waiver and Amendment

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by RockTide Media, LLC.

Indemnification

You agree to defend, indemnify, and hold harmless RockTide Media, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website.

Limitation of Liability

In no event shall RockTide Media, LLC, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, lost profits, loss of data, or business interruption) arising out of or in connection with your use of the Website, even if advised of the possibility of such damages.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Website shall be resolved through good faith negotiations between you and RockTide Media, LLC. If such negotiations do not resolve the dispute, it shall then be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Raleigh, North Carolina, and the decision of the arbitrator shall be final and binding upon both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Assignment

You may not assign your rights or obligations under these Terms without the prior written consent of RockTide Media, LLC. We may assign our rights and obligations under these Terms in our sole discretion.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Notices

All notices, requests, and other communications under these Terms must be in writing and shall be deemed to have been duly given when personally delivered or when sent by email to the email address you provided when registering for the Website, or in the case of notices to us, when sent to the email address specified in Section 10 of these Terms.

By using the Website, you acknowledge that you have read and understand these Terms of Service and agree to be bound by them. If you do not agree with any part of these Terms, please discontinue your use of the Website immediately.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, strikes, internet service provider failures or delays, or any law or regulation enacted by any governmental authority.

Survival

The provisions of these Terms that by their nature should survive the termination or expiration of these Terms, including but not limited to Sections 4 (Liability Disclaimer), 14 (Indemnification), and 15 (Limitation of Liability), shall survive any termination or expiration of these Terms and continue in full force and effect.

Acknowledgment

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms or the Privacy Policy, please discontinue your use of the Website immediately.

Contact Information

If you have any questions, concerns, or comments regarding these Terms, please do not hesitate to contact us at the address provided in Section 10 of these Terms. We will do our best to address any issues or concerns you may have in a timely and professional manner.

International Users

The Website is controlled, operated, and administered by RockTide Media, LLC from within the United States. We make no representation that materials or content available through the Website are appropriate or available for use outside the United States and accessing them from territories where their contents are illegal is prohibited. If you choose to access the Website from a location outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

Electronic Communications

By using the Website, you consent to receiving electronic communications from us, which may include emails or notices posted on the Website. You agree that all such communications satisfy any legal requirement that such communications be in writing.

No Third-Party Beneficiaries

Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms. We shall have the right to assign our rights or delegate any of our responsibilities under these Terms to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Service were last updated on [Date]. Please check back periodically for updates and changes.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated herein by reference and governs the collection, use, and disclosure of personal information provided by you to us or collected by us through your use of the Website.

Feedback and Suggestions

We welcome your feedback and suggestions for improving the Website. Any feedback or suggestions you submit to us will be considered non-confidential and non-proprietary. By providing us with any such feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform such feedback or suggestions in any manner and for any purpose without any obligation to compensate you.

Reservation of Rights

Any rights not expressly granted herein are reserved by RockTide Media, LLC. We reserve the right to take any action we deem necessary in our sole discretion to protect our rights and interests, including but not limited to legal action and reporting suspected unlawful activity to law enforcement authorities.

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and RockTide Media, LLC concerning your use of the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may revise these Terms at any time and without prior notice by updating this page. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of such changes.

DMCA Notice

If you believe that your copyrighted work has been used or displayed on the Website in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send your notice of claimed copyright infringement to the following contact:

RockTide Media, LLC Attention: DMCA Agent 4441 Six Forks Road Suite 106-205 Raleigh, NC 27609 Email: pr@thegadgetbuyer.com

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, rules, and regulations when accessing and using the Website. You also agree not to use the Website in any way that violates such laws, rules, or regulations or encourages others to do so.

No Partnership or Agency

Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between you and RockTide Media, LLC. You do not have the authority to bind us or enter into any agreements on our behalf.

Non-Transferable

Your right to access and use the Website is personal to you and may not be transferred to any other person or entity.

Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

Contact Information

If you have any questions about these Terms or the Website, please contact us using the contact information provided in Section 10 of these Terms.

Changes to the Website

RockTide Media, LLC reserves the right to modify, suspend, or discontinue the Website, or any portion thereof, at any time and without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

Termination

We reserve the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Upon termination, you must immediately cease using the Website, and all provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law principles.

Questions and Comments

We welcome your questions and comments about these Terms and our Website. Please feel free to contact us using the contact information provided in Section 10 of these Terms, and we will do our best to address your concerns.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Entire Agreement

These Terms of Service, along with the Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and RockTide Media, LLC with respect to your use of the Website. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and RockTide Media, LLC concerning the Website.

No Waiver

No waiver of any provision of these Terms by RockTide Media, LLC shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by RockTide Media, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

RockTide Media, LLC may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice to you. You may not assign your rights and obligations under these Terms without the prior written consent of RockTide Media, LLC.

Equitable Relief

You acknowledge and agree that your breach of these Terms may cause RockTide Media, LLC irreparable harm for which monetary damages may not be an adequate remedy. In such case, RockTide Media, LLC shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

Notices

All notices or other communications required or permitted by these Terms shall be in writing and shall be deemed given when delivered personally, sent by email, or sent by certified or registered mail, postage prepaid, return receipt requested, to the addresses specified in these Terms or at such other address as either party may designate by notice to the other party.

Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by RockTide Media, LLC. These links are provided for your convenience and reference only. RockTide Media, LLC does not endorse, sponsor, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. By accessing these third-party sites, you acknowledge and agree that RockTide Media, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. If you decide to access any third-party websites or services linked on the Website, you do so entirely at your own risk.

Dispute Resolution and Arbitration

a. Informal Resolution: In the event of any dispute, claim, or controversy arising out of or in connection with your use of the Website, the Terms, or any related services (collectively, “Disputes”), you and RockTide Media, LLC agree to first attempt to resolve the Dispute informally by contacting each other and providing a brief written description of the Dispute and any proposed resolution. You may contact us using the contact information provided in Section 10 of these Terms.

b. Binding Arbitration: If you and RockTide Media, LLC are unable to resolve a Dispute through informal resolution within thirty (30) days after the receipt of the initial notice of the Dispute, either party may elect to resolve the Dispute through binding arbitration. The arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be held in Raleigh, North Carolina, or at another location agreed upon by both parties. The arbitrator’s decision shall be final, binding, and non-appealable, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

c. Waiver of Class Actions: You and RockTide Media, LLC agree that any arbitration shall be limited to the Dispute between you and RockTide Media, LLC individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Please note that by agreeing to these Terms, you are waiving your right to a trial by jury or to participate in a class action lawsuit. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Terms of Service

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