SwitchGads Terms and Conditions

Effective as of September 15th, 2019

 

Thank you for choosing SwitchGads. Throughout our website, the terms “we”, “us”, and “our” refer to SwitchGads. SwitchGads offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes.

 

Our store is hosted on *insert web host* They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – ACCEPTANCE OF TERMS AND CONDITIONS

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

AGREEMENT TO DISPUTE RESOLUTION

By accepting our Terms and Conditions, you agree to settle any dispute or claims with us through binding arbitration or small claims dispute procedures. Your complete agreement to dispute resolution can be found here*hyperlink to section disputes*.

SECTION 2 – PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

 

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

SECTION 3 – PURCHASES AND PAYMENT

We accept Visa, MasterCard, American Express and Discover as a form of payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via SwitchGads. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.We may change prices at any time. All payments shall be in U.S. dollars.

 

If your billing address is within the state of New York, a sales tax will automatically be charged on top of your order.

 

You agree to pay all charges and any applicable shipping fees and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

 

If you opt to one of our installment plans, then you consent to our charging your credit card  on a recurring basis without requiring your prior approval for each recurring charge, until your plan is cancelled or fully paid. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We, in our sole discretion, limit quantities purchased per person, household, or family. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

Non-Payment Policy

If you happen to be incapable of paying your gadget’s monthly fees, please contact us to see what options you may have for irregular payment. Another payment scheme may be negotiated or if you simply foresee going late on payment, especially if it is only temporary.

 

However, if you truly are unable to pay for a longer period or time (or if you cannot make a complete payment at all), we highly suggest filing a return for your gadget to avoid dropping your credit score and serious legal offenses.  

 

SECTION 4 – DAMAGES

In the event that your device has incurred damages or if alterations were made on its exterior or software, we may take one or more of the following actions:

  • We will charge you the cost to repair a damaged or altered device.
  • We will charge you the suggested retail price of a destroyed/altered device or a non-returned device (which may be greater than what you originally paid for), plus shipping and handling charges.
  • We may not accept any requests for cancellation if you are subscribed to a plan.

 

SECTION 5 – SHIPPING

Our preferred couriers are United Parcel Service (UPS) and United States Postal Service (USPS). Orders that are placed before 1PM (Eastern Standard Time) will be shipped on the same day. Otherwise, your package will be shipped the following day. Depending on your location, your parcel will arrive within 2-5 days. 

 

Once your parcel has shipped, we will not be held liable for any damages done to your parcel or if it gets lost in transit. To settle any disputes regarding damages/losses in transit or if your parcel has not arrived within the expected time of arrival, please contact your respective carrier.

 

Please note that our couriers DO NOT deliver to P.O. Boxes. Please indicate a proper home address so that your package will arrive at the right destination.

SECTION 6 – RETURN, REFUNDS, AND CANCELLATION POLICY

 

If you would like to request for a return, refund, or cancellation (if subscribed to a plan) for your purchase, please visit our Start A Return page here*insert hyperlink*.

 

To be eligible for a return/refund/cancellation, you must satisfy the following requirements:

  • A request for return/refund must be done within 20 calendar days after you have received your purchase.
  • There should be no alterations done to the product, both in its software and hardware.
  • You must be able to include your Proof of Purchase upon returning your device.
  • All original accessories and equipment that came with your device must be included upon returning your device.

 

If you are unable to meet one or more of the requirements listed above, we have the right to reject your request for a return/refund/cancellation. In the case of requesting a return for the exchange of another product, items that are listed as “Limited Edition” on the website is not eligible. Other products that are ineligible for returns but are not listed as “Limited Edition” will be indicated as is in their respective product page.

 

Upon returning your device, all shipping charges must be paid for by the customer (you). Once your product has shipped out, your package is at the discretion of the courier. Any lost or damaged packages is beyond our control and we will not be held responsible.

SECTION 7 – SWITCHGADS SKIP THE LINE

Skip The Line is a service offered by SwitchGads for customers who are looking to exchange their current device to another that belongs to the same “tier” as the product they originally availed for, even while their subscription for their current plan is ongoing. All devices from the $9.99 and $14.99 tiers are eligible for this program.

 

To be qualified for Skip The Line, you must satisfy the following conditions:

  • You must be currently subscribed to a SwitchGads plan.
  • As a subscriber, you must have fulfilled at least 3 months worth of on-time payment for your plan.
  • Your current device must be free of any damages and alterations: scratches, blemishes, cracks, and changes to your device’s original software.
  • You should be willing to pay all shipping costs for the return of your current device.

 

If your device has been damaged while subscribed to a plan, please refer to Section 4 – Damages.

 

To cancel your Skip The Line Subscription, contact us at Help@SwitchGads.com and our team will process your request.

SECTION 7 – INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

SECTION 8 – USER REPRESENTATIONS

 

By using the Site, you represent and warrant that:

 

  • All registration information you submit will be true, accurate, current, and complete;
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms of Use
  • You are not under the age of 13
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
  • You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  • You will not use the Site for any illegal or unauthorized purpose;
  • Your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

SECTION 9 – USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

Driver’s License

We ask our SwitchGads users to verify their identities to help keep SwitchGads safe and a fun experience. You will need to upload a photo of your driver’s license in order to verify your identity. Don’t crop, rotate, touch up, adjust colors, or alter the images in any way. SwitchGads will review your uploaded items to verify your identity. This will usually less than an hour.

 

Aside from the driver’s license, we may require you to submit additional documentation if deemed necessary. We guarantee your safety upon sharing these proofs of identity and we do not intend to share them to third parties, unless required by law enforcement.

 

SECTION 10 – PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees engaged in providing any portion of the Site to you.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

 

SECTION 11 – PRIVACY POLICY

 

SwitchGads is committed to the responsible handling of your information. Because we gather certain types of information about our website’s users, we want to let our users understand how we use and why we collect that information. This Privacy Policy is in effect the moment it is published on the Site, and shall be updated along with the rest of the content of our Terms and Conditions.

 

COLLECTION AND USAGE OF PERSONAL INFORMATION

The Site collects personally-identifiable information that you provide on one of our many online forms. These forms include our sign-up page, payment details at checkout, start a return page, and our newsletter sign-up form. The personally-identifiable information (“personal information” or “your information”) collected on this Web site can include some or all of the following – your name, address, phone number, email address, birthday, and credit card information.

 

In addition to the personal information identified above that you provide us, the Company automatically collects and records data from our servers and from your browser when you visit this Web site, including your IP address, the time, and information about the page you requested and the Web site through which you were linked to our site, if any.

Also, your Internet browser has a feature called “cookies,” which stores small amounts of data on your computer about your visit to our site. Cookies tell us nothing about who you are, however, unless you specifically give us personal information. You do not need to have cookies turned on to visit SwitchGads.com; however, some features of the site may not be available or work correctly without them. You may also elect not to allow cookies to be collected by selecting certain options on your browser.

In addition to cookies, we may use various other tracking technologies, such as web beacons, pixel tags, flash cookies, etc., in a variety of ways, including the following:

  • keeping count of return visits to our site;
  • accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Web site usage;
  • recording whether an email we sent was opened;
  • tracking your navigation through our Web site; and
  • determining which features users like best.

For the purpose of monitoring our website traffic, SwitchGads may opt to use the following third party analytics, such as:

  • Adobe Analytics (you can learn more about their privacy practices here)
  • Google Analytics (you can learn more about their privacy practices here)

To opt out of having your website navigation history tracked through our website, please *click here* to find out more.

 

We use your personal information gathered on this Web site for a variety of purposes, including targeting specific customers for special offers. The data we collect is used to facilitate the processing of online payments and to give us demographic information about our audience. We use this data to understand that audience and to improve our offerings to you, our customer. In addition, the personal information you provide allows us to inform you of additional special offers that may be forthcoming, send you coupons, or notify you of products and services of our affiliates that relate directly to your specific interests, hobbies or other information you have given.

 

It is also possible that we will release the information provided by our users to third parties for the following purposes:

  • For the use of a third party providing marketing and advertising services for the promotion of our products and services
  • For processing online payment transactions
  • For the use of third party affiliates in providing our users with special offers and information
  • In connection with a court order, subpoena, government investigation, or when otherwise required by law
  • For the protection of the Company’s rights or property or to protect the safety of the Company’s employees or others
  • In the event of a corporate sale, merger, acquisition, or similar event

 

Your information will not be disclosed by the Company except as discussed in this Privacy Policy.

 

SECURITY

This site uses appropriate security measures to protect your information in a secure, controlled environment. SwitchGads has made substantial investments in server, database, backup, and firewall technologies to protect the security and integrity of your information. In the event that a security breach does occur and your information is acquired by an unauthorized person, we will take appropriate steps to contain the breach and to notify you of the unauthorized acquisition.

 

For minor users: The Site is intended for a general audience. The Site does not knowingly collect personal information about children or enter into rental-purchase transactions with children. In accordance with the Children’s Online Privacy Protection Act, the Site does not permit registration by, and will not knowingly collect or use personal information from, anyone under 13 years of age. If the Site is notified that it has inadvertently collected personal information from anyone under 13 years old, it will destroy such information. If you are under the age of 18, you must ask a parent or legal guardian to order merchandise from the Site.

 

THIRD PARTY WEBSITES

This Web site provides links to other Web sites that are not owned or operated by the Site. Such Web sites are not subject to the Site’s Privacy Policy. Accordingly, you should consult the privacy policies of those Web sites, if any, prior to entering any personal information on those Web sites.

 

SECTION 12 – GOVERNING LAW

 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.

 

SECTION 13 – DISPUTE RESOLUTION

 

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than ______ years after the cause of action arose.

 

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration 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 shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]]

 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

 

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than _____ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

 

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration 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 shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

 

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than ______ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Option 2/Option 3: Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.

 

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

 

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

CONTACT

Any inquiries about our Terms and Conditions should be sent to Help@SwitchGads.com

SwitchGads Terms and Conditions

Effective as of September 15th, 2019

 

Thank you for choosing SwitchGads. Throughout our website, the terms “we”, “us”, and “our” refer to SwitchGads. SwitchGads offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes.

 

Our store is hosted on *insert web host* They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – ACCEPTANCE OF TERMS AND CONDITIONS

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

AGREEMENT TO DISPUTE RESOLUTION

By accepting our Terms and Conditions, you agree to settle any dispute or claims with us through binding arbitration or small claims dispute procedures. Your complete agreement to dispute resolution can be found here*hyperlink to section disputes*.

SECTION 2 – PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

 

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

SECTION 3 – PURCHASES AND PAYMENT

We accept Visa, MasterCard, American Express and Discover as a form of payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via SwitchGads. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments shall be in U.S. dollars.

 

If your billing address is within the state of New York, a sales tax will automatically be charged on top of your order.

 

You agree to pay all charges and any applicable shipping fees and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

 

If you opt to one of our installment plans, then you consent to our charging your credit card  on a recurring basis without requiring your prior approval for each recurring charge, until your plan is cancelled or fully paid. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We, in our sole discretion, limit quantities purchased per person, household, or family. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

Non-Payment Policy

If you happen to be incapable of paying your gadget’s monthly fees, please contact us to see what options you may have for irregular payment. Another payment scheme may be negotiated or if you simply foresee going late on payment, especially if it is only temporary.

 

However, if you truly are unable to pay for a longer period or time (or if you cannot make a complete payment at all), we highly suggest filing a return for your gadget to avoid dropping your credit score and serious legal offenses.  

 

SECTION 4 – DAMAGES

In the event that your device has incurred damages or if alterations were made on its exterior or software, we may take one or more of the following actions:

  • We will charge you the cost to repair a damaged or altered device.
  • We will charge you the suggested retail price of a destroyed/altered device or a non-returned device (which may be greater than what you originally paid for), plus shipping and handling charges.
  • We may not accept any requests for cancellation if you are subscribed to a plan.

 

SECTION 5 – SHIPPING

Our preferred couriers are United Parcel Service (UPS) and United States Postal Service (USPS). Orders that are placed before 1PM (Eastern Standard Time) will be shipped on the same day. Otherwise, your package will be shipped the following day. Depending on your location, your parcel will arrive within 2-5 days. 

 

Once your parcel has shipped, we will not be held liable for any damages done to your parcel or if it gets lost in transit. To settle any disputes regarding damages/losses in transit or if your parcel has not arrived within the expected time of arrival, please contact your respective carrier.

 

Please note that our couriers DO NOT deliver to P.O. Boxes. Please indicate a proper home address so that your package will arrive at the right destination.

SECTION 6 – RETURN, REFUNDS, AND CANCELLATION POLICY

 

If you would like to request for a return, refund, or cancellation (if subscribed to a plan) for your purchase, please visit our Start A Return page here*insert hyperlink*.

 

To be eligible for a return/refund/cancellation, you must satisfy the following requirements:

  • A request for return/refund must be done within 20 calendar days after you have received your purchase.
  • There should be no alterations done to the product, both in its software and hardware.
  • You must be able to include your Proof of Purchase upon returning your device.
  • All original accessories and equipment that came with your device must be included upon returning your device.

 

If you are unable to meet one or more of the requirements listed above, we have the right to reject your request for a return/refund/cancellation. In the case of requesting a return for the exchange of another product, items that are listed as “Limited Edition” on the website is not eligible. Other products that are ineligible for returns but are not listed as “Limited Edition” will be indicated as is in their respective product page.

 

Upon returning your device, all shipping charges must be paid for by the customer (you). Once your product has shipped out, your package is at the discretion of the courier. Any lost or damaged packages is beyond our control and we will not be held responsible.

SECTION 7 – SWITCHGADS SKIP THE LINE

Skip The Line is a service offered by SwitchGads for customers who are looking to exchange their current device to another that belongs to the same “tier” as the product they originally availed for, even while their subscription for their current plan is ongoing. All devices from the $9.99 and $14.99 tiers are eligible for this program.

 

To be qualified for Skip The Line, you must satisfy the following conditions:

  • You must be currently subscribed to a SwitchGads plan.
  • As a subscriber, you must have fulfilled at least 3 months worth of on-time payment for your plan.
  • Your current device must be free of any damages and alterations: scratches, blemishes, cracks, and changes to your device’s original software.
  • You should be willing to pay all shipping costs for the return of your current device.

 

If your device has been damaged while subscribed to a plan, please refer to Section 4 – Damages.

 

To cancel your Skip The Line Subscription, contact us at Help@SwitchGads.com and our team will process your request.

SECTION 7 – INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

SECTION 8 – USER REPRESENTATIONS

 

By using the Site, you represent and warrant that:

 

  • All registration information you submit will be true, accurate, current, and complete;
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms of Use
  • You are not under the age of 13
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
  • You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  • You will not use the Site for any illegal or unauthorized purpose;
  • Your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

SECTION 9 – USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

Driver’s License

We ask our SwitchGads users to verify their identities to help keep SwitchGads safe and a fun experience. You will need to upload a photo of your driver’s license in order to verify your identity. Don’t crop, rotate, touch up, adjust colors, or alter the images in any way. SwitchGads will review your uploaded items to verify your identity. This will usually less than an hour.

 

Aside from the driver’s license, we may require you to submit additional documentation if deemed necessary. We guarantee your safety upon sharing these proofs of identity and we do not intend to share them to third parties, unless required by law enforcement.

 

SECTION 10 – PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees engaged in providing any portion of the Site to you.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

 

SECTION 11 – PRIVACY POLICY

 

SwitchGads is committed to the responsible handling of your information. Because we gather certain types of information about our website’s users, we want to let our users understand how we use and why we collect that information. This Privacy Policy is in effect the moment it is published on the Site, and shall be updated along with the rest of the content of our Terms and Conditions.

 

COLLECTION AND USAGE OF PERSONAL INFORMATION

The Site collects personally-identifiable information that you provide on one of our many online forms. These forms include our sign-up page, payment details at checkout, start a return page, and our newsletter sign-up form. The personally-identifiable information (“personal information” or “your information”) collected on this Web site can include some or all of the following – your name, address, phone number, email address, birthday, and credit card information.

 

In addition to the personal information identified above that you provide us, the Company automatically collects and records data from our servers and from your browser when you visit this Web site, including your IP address, the time, and information about the page you requested and the Web site through which you were linked to our site, if any.

Also, your Internet browser has a feature called “cookies,” which stores small amounts of data on your computer about your visit to our site. Cookies tell us nothing about who you are, however, unless you specifically give us personal information. You do not need to have cookies turned on to visit SwitchGads.com; however, some features of the site may not be available or work correctly without them. You may also elect not to allow cookies to be collected by selecting certain options on your browser.

In addition to cookies, we may use various other tracking technologies, such as web beacons, pixel tags, flash cookies, etc., in a variety of ways, including the following:

  • keeping count of return visits to our site;
  • accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Web site usage;
  • recording whether an email we sent was opened;
  • tracking your navigation through our Web site; and
  • determining which features users like best.

For the purpose of monitoring our website traffic, SwitchGads may opt to use the following third party analytics, such as:

  • Adobe Analytics (you can learn more about their privacy practices here)
  • Google Analytics (you can learn more about their privacy practices here)

To opt out of having your website navigation history tracked through our website, please *click here* to find out more.

 

We use your personal information gathered on this Web site for a variety of purposes, including targeting specific customers for special offers. The data we collect is used to facilitate the processing of online payments and to give us demographic information about our audience. We use this data to understand that audience and to improve our offerings to you, our customer. In addition, the personal information you provide allows us to inform you of additional special offers that may be forthcoming, send you coupons, or notify you of products and services of our affiliates that relate directly to your specific interests, hobbies or other information you have given.

 

It is also possible that we will release the information provided by our users to third parties for the following purposes:

  • For the use of a third party providing marketing and advertising services for the promotion of our products and services
  • For processing online payment transactions
  • For the use of third party affiliates in providing our users with special offers and information
  • In connection with a court order, subpoena, government investigation, or when otherwise required by law
  • For the protection of the Company’s rights or property or to protect the safety of the Company’s employees or others
  • In the event of a corporate sale, merger, acquisition, or similar event

 

Your information will not be disclosed by the Company except as discussed in this Privacy Policy.

 

SECURITY

This site uses appropriate security measures to protect your information in a secure, controlled environment. SwitchGads has made substantial investments in server, database, backup, and firewall technologies to protect the security and integrity of your information. In the event that a security breach does occur and your information is acquired by an unauthorized person, we will take appropriate steps to contain the breach and to notify you of the unauthorized acquisition.

 

For minor users: The Site is intended for a general audience. The Site does not knowingly collect personal information about children or enter into rental-purchase transactions with children. In accordance with the Children’s Online Privacy Protection Act, the Site does not permit registration by, and will not knowingly collect or use personal information from, anyone under 13 years of age. If the Site is notified that it has inadvertently collected personal information from anyone under 13 years old, it will destroy such information. If you are under the age of 18, you must ask a parent or legal guardian to order merchandise from the Site.

 

THIRD PARTY WEBSITES

This Web site provides links to other Web sites that are not owned or operated by the Site. Such Web sites are not subject to the Site’s Privacy Policy. Accordingly, you should consult the privacy policies of those Web sites, if any, prior to entering any personal information on those Web sites.

 

SECTION 12 – GOVERNING LAW

 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.

 

SECTION 13 – DISPUTE RESOLUTION

 

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than ______ years after the cause of action arose.

 

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration 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 shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]]

 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

 

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than _____ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

 

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration 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 shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

 

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than ______ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Option 2/Option 3: Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.

 

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

 

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

CONTACT

Any inquiries about our Terms and Conditions should be sent to Help@SwitchGads.com