Terms of Service

1. What Gadget Exchange Is

Gadget Exchange is a dealer in virtual in-game items for the Steam games we support at any given time. Which games those are is shown on the Website and may change without notice. We are the counterparty to every transaction on the Website:

• When you sell, you sell your items to us. We pay you in site balance.
• When you buy, you buy items from our own inventory. We deliver them to your Website inventory and, on your instruction, to your Steam account.

The Website is not a peer-to-peer marketplace. You are never trading with another user, we do not broker trades between users, we do not list items on your behalf, and we do not hold items in escrow for a counterparty. There is no user-to-user messaging, no user-to-user chat, and no public listing feature on the Website.

Items we hold are stored in Steam accounts operated by us (our "bots"). Item delivery to and from you happens through Steam trade offers sent by those accounts.

2. Eligibility

The Website is open only to people who are eighteen (18) years of age or older. By using the Website you represent and warrant that you are at least eighteen (18), are of sound mind, and have the legal capacity to enter into and be bound by this Agreement. If you use the Website on behalf of a business or other entity, you represent that you have actual authority to bind that entity and are agreeing to this Agreement on its behalf.

You further represent and warrant that:

• You are not located in, ordinarily resident in, or acting on behalf of any person in a country or territory that we block, or that is subject to comprehensive sanctions administered by the United States or any other applicable authority.
• You are not listed on any sanctions or restricted-party list maintained by the United States or any other applicable authority.
• You are not prohibited from entering into this Agreement by any other agreement you are party to, including the Steam Subscriber Agreement.

We maintain a list of countries from which deposits, cash-outs, and address registration are refused. That list changes as sanctions and regulations change, and we may add a country at any time without notice.

We may also restrict access from Steam accounts that are too new, or whose creation date we cannot verify because the Steam profile is private. This is a fraud-prevention control, not an age check, and it may restrict parts of the Website until the condition no longer applies.

3. Your Account and Signing In With Steam

You create and access your Gadget Exchange account by signing in through Steam using Steam OpenID. We never ask for, receive, or store your Steam password. There is no separate Gadget Exchange username or password.

Signing in through Steam creates an account record on the Website that holds your site balance, your Website inventory, your order and trade history, and your settings. That account is personal to you.

You are responsible for safeguarding your Steam account, your Steam Guard device, and any Gadget Exchange two-factor authentication credentials you enable. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITY THAT OCCURS UNDER YOUR STEAM ACCOUNT AND YOUR GADGET EXCHANGE ACCOUNT, WHETHER OR NOT YOU AUTHORIZED IT. You agree not to share your Steam credentials with anyone, and not to let anyone else use your Gadget Exchange account.

You may enable two-factor authentication (TOTP) on your Gadget Exchange account from your account settings, and we strongly recommend that you do. When you enroll we issue single-use recovery codes. Those codes are shown once, we store only hashes of them, and we cannot recover them for you. Losing both your authenticator device and your recovery codes may make it impossible for us to restore access to your account.

One person may hold one account. Creating or operating multiple accounts to evade limits, bans, giveaway rules, promotions, or pricing controls is prohibited and may result in the closure of every account involved.

4. Site Balance

Your Gadget Exchange balance is a record of the value we owe you for use on the Website. It is denominated in U.S. Dollars, it is not a bank deposit, it is not insured, it is not a stored-value or payment instrument usable anywhere else, and it earns no interest.

Your balance is held in two separate wallets, and they are not interchangeable:

• Withdrawable balance — value you earned by selling items to us. It can be spent on the Website and cashed out.
• Non-withdrawable balance — value you added by depositing funds. It can be spent on the Website but can never be cashed out, converted to withdrawable balance, refunded, or transferred.

BY DEPOSITING FUNDS YOU ACKNOWLEDGE THAT THE RESULTING BALANCE IS FINAL, IS SPENDABLE ONLY ON THE WEBSITE, AND IS NOT REFUNDABLE OR REDEEMABLE FOR CASH OR CRYPTOCURRENCY UNDER ANY CIRCUMSTANCES. Do not deposit funds you are not prepared to spend on the Website.

When you spend, non-withdrawable balance is consumed first and withdrawable balance second. When an order is open, the amount it needs is reserved on your wallet and is not spendable elsewhere until the order settles or is cancelled.

Balances are not transferable between accounts, cannot be gifted or sold, and have no value outside the Website. We may apply per-account limits to deposits, cash-outs, and balances, and those limits may differ between accounts.

5. Buying Items From Us

Prices shown on the Website are an invitation to treat, not a binding offer. No contract is formed between you and Gadget Exchange until we accept your order by performance — that is, by delivering the ordered items to your Website inventory. Until then we may decline or cancel any order for any reason, including a pricing or catalogue error, an item that is no longer in stock, a suspected fraud or abuse signal, or a restriction on your account.

Prices, stock, and item descriptions change constantly and without notice. The prices and availability shown on the Price List, on the Trade page, and in your basket are drawn from a periodically refreshed snapshot and may be out of date at the moment you act on them. The figures that bind an order are the ones calculated and shown at the moment you confirm it.

We have made every effort to display item names, images, and attributes accurately. We cannot guarantee that your display renders any color accurately, and images shown on the Website may be representative renders rather than photographs of the exact item you receive.

GADGET EXCHANGE CANNOT AND DOES NOT GUARANTEE THAT ANY IN-GAME ITEM YOU OBTAIN FROM US WILL BE USABLE, TRADABLE, MARKETABLE, OR COMPATIBLE WITH THE GAME OR THE STEAM ACCOUNT IN WHICH YOU SEEK TO USE IT. THOSE PROPERTIES ARE CONTROLLED ENTIRELY BY VALVE CORPORATION AND CAN CHANGE AT ANY TIME.

Payment for an order is taken from your site balance at the time you confirm it. You must have sufficient available balance; we do not extend credit.

Any offer of any item or service on the Website is void where prohibited. It is your responsibility to know and obey the laws that apply to you in respect of anything you obtain through the Website.

6. Selling Items to Us

You may offer items to us for purchase. We are never obliged to buy anything. Our willingness to buy is an invitation to treat, and no contract is formed until we accept by performance — that is, by crediting the agreed amount to your withdrawable balance after the items have actually reached one of our Steam accounts.

By offering items to us, you represent and warrant that:

• You are the rightful owner of every item you offer, and the items are free of any third-party claim, lien, or dispute.
• You did not obtain the items through fraud, theft, account compromise, a chargeback, a scam, a duplication exploit, an unauthorized third-party service, or any breach of the Steam Subscriber Agreement.
• The items are not the proceeds of any criminal activity and you are not using the Website to launder funds.

ALL SALES YOU MAKE TO GADGET EXCHANGE ARE FINAL. Once we have paid you, the items are ours. We make no promise about what we do with them: we are not required to resell them, to list them, to keep them, or to offer to sell them back to you at any price.

If we later determine that items you sold to us were obtained illegitimately, or that a transaction was fraudulent, we may reverse the credit, freeze or claw back the corresponding balance, remove the items, close your account, and report the matter to Valve or to law enforcement.

7. Item Delivery, Withdrawals, and Steam

Items you buy are placed in your Website inventory. Items stay in our Steam accounts until you withdraw them.

To send or receive items you must save a valid Steam Trade Offer URL in your settings, and that URL must belong to the Steam account you are signed in with. You are responsible for keeping it current. Trade offers we send expire if you do not act on them.

Delivery depends on Steam, and Steam is outside our control. You acknowledge that trade offers can be delayed, held, or blocked by Valve for reasons including Steam Guard trade holds, a newly-added or changed mobile authenticator, a trade ban or trade probation on your account, a VAC or game ban, a private or restricted profile, a locked or limited account, Steam maintenance, and Steam outages. We are not responsible for any such delay or failure, and we do not compensate for them.

ALL ITEMS WE HOLD ARE STORED IN STEAM ACCOUNTS. THOSE ACCOUNTS ARE UNDER THE CONTROL OF VALVE CORPORATION, NOT US. IF VALVE SUSPENDS, LOCKS, RESTRICTS, OR BANS A STEAM ACCOUNT HOLDING ITEMS, OR REMOVES, ALTERS, OR DEVALUES AN ITEM, WE MAY HAVE NO ABILITY WHATSOEVER TO RECOVER OR RESTORE IT. YOU EXPRESSLY AGREE THAT WE WILL NOT BE HELD LIABLE FOR ANY ACTION TAKEN BY VALVE.

Never accept a trade offer that claims to come from us but arrives from an account you did not initiate a withdrawal for. We will never ask you for your Steam password, your Steam Guard codes, or your API key.

8. Deposits and Cash-Outs

Deposits. You may add funds to your non-withdrawable balance using the payment methods we make available at the time. Availability varies by method, by country, and by account. Deposits are credited once the payment is confirmed by the relevant provider or network; confirmation times are outside our control. Section 4 applies: deposited balance is never refundable and never cashable out.

Cash-outs. You may request a cash-out of your withdrawable balance only, using the cash-out methods we make available at the time. Cash-outs may be reviewed before they are released, and we may require identity verification (Section 10) before processing one.

Cryptocurrency. Where we support cryptocurrency, we support only the specific stablecoins and blockchain networks listed in the Website at the time of your transaction. Sending an unsupported asset, or sending a supported asset on an unsupported network, or sending to a deposit address that is no longer assigned to you, will in most cases result in the permanent and irreversible loss of those funds, and we will not be able to recover or credit them. Blockchain transactions are irreversible. You are solely responsible for the accuracy of any destination address you provide for a cash-out; funds sent to an address you supplied incorrectly cannot be recovered.

We do not control network confirmation times, network congestion, network fees, or the value of any cryptocurrency, and we are not responsible for a change in value before, during, or after a transaction.

Chargebacks. You agree not to initiate a chargeback, payment reversal, or dispute against us without first contacting our support team and giving us a reasonable opportunity to resolve the matter. Initiating a chargeback while holding balance or items obtained with the disputed funds is a breach of this Agreement. If you do, we may suspend or close your account, reverse the corresponding credit, and recover from you the amount charged back together with any fee imposed on us.

9. Fees and Taxes

We may charge fees on deposits, cash-outs, and other transactions. The applicable fee is shown to you before you confirm the transaction. Fees change from time to time; the fee that applies is the one displayed at the moment you confirm.

Where we are required to collect sales tax or a similar transaction tax, the amount is calculated from the address information you have given us and is shown before you confirm. You must give us complete and accurate address information and keep it up to date. Providing a false address to avoid tax is a breach of this Agreement.

You are responsible for determining and paying any other tax that applies to you as a result of your use of the Website, including income, capital gains, and transaction taxes in your own jurisdiction. We do not provide tax advice. We report payments and transactions to taxing authorities where the law requires us to.

10. Identity Verification

We may require you to verify your identity before we allow a deposit, a cash-out, a particular payment method, or continued use of your account. Verification is performed by a third-party identity provider; we receive the outcome of the check and its status, and we do not store your identity documents ourselves.

We may refuse, delay, limit, or reverse a transaction, and we may suspend an account, where verification is not completed, where it fails, or where we have a reasonable suspicion of fraud, money laundering, sanctions evasion, or another financial crime. We may also do so where we are legally required to.

11. Giveaways and Promotions

We may run giveaways and other promotions. Where we do:

• Entry is made by spending giveaway tickets. Tickets are consumed when you enter and are not refunded once a giveaway has been drawn, whether you win or lose.
• If we cancel a giveaway before it goes to the draw, the tickets you staked on it are returned to your ticket balance. Where a giveaway reaches its draw but cannot be completed — for example because no eligible entries remain — tickets are not returned.
• Tickets and entries have no cash value, cannot be bought, sold, transferred, or exchanged, and are not part of your balance.
• Winners are selected at random from the entries received. Chances are proportional to entries.
• We may cancel, shorten, extend, or modify a giveaway at any time, and we may void the entries of any participant we reasonably believe has broken these Terms, used multiple accounts, or otherwise manipulated the draw.
• Prizes are awarded as described in the giveaway — as an item delivered to your Website inventory or as non-withdrawable balance — and are not exchangeable for cash.

Where a promotion has its own additional rules, those rules apply alongside this Agreement, and this Agreement governs if the two conflict.

12. Notifications and Communications

You may optionally give us an email address and a personal Discord webhook URL to receive notifications about your account, your orders, your wishlist, and giveaways. You choose which notification types go to which channel in your settings.

By supplying an email address or a webhook URL you confirm that it is yours, that you are entitled to send messages to it, and that you consent to receiving those notifications. You may remove or change either at any time. Delivery is best-effort: we do not guarantee that any notification arrives, arrives on time, or arrives at all, and you should not rely on notifications as the sole means of monitoring your account.

Regardless of your notification preferences, we may send you service messages about security, legal, or operational matters affecting your account.

We also display announcements on the Website. Reading the Website is the authoritative way to learn the current state of your account.

13. Support

Support is provided through the support-ticket system on the Website. Tickets you open, the messages in them, and any attachments are stored on our systems and are visible to our staff.

There is a limit on how many tickets you may have open at once. Tickets that have been resolved or closed and left untouched are archived automatically after a period of time and stop appearing in your ticket list.

Do not put your Steam password, your Steam Guard codes, your API key, full payment card numbers, or your seed phrase in a support ticket. Our staff will never ask you for them.

Support is provided on a reasonable-efforts basis. We do not commit to a response time.

14. Acceptable Use

When you use the Website you agree to use it only for its intended purpose and only in a way permitted by this Agreement and by applicable law. You are responsible for any breach of your obligations under this Agreement and for any loss we suffer as a result, including damages, costs, and attorneys' fees.

You are expressly prohibited from:

• (a) Accessing or attempting to access the Website other than through a standard web browser, unless we have permitted you to do so in a separate written agreement. This does not apply to search engines that comply with any robots.txt file we publish.
• (b) Accessing or attempting to access the Website by automated means, including bots, scripts, headless browsers, and scrapers. This does not apply to search engines that comply with any robots.txt file we publish.
• (c) Scraping, harvesting, republishing, selling, reselling, duplicating, or trading the Website, our pricing data, our catalogue, or any other Website content.
• (d) Circumventing, disabling, or interfering with any technological protection measure, rate limit, account limit, verification requirement, geographic restriction, or security feature of the Website.
• (e) Creating or using more than one account, using another person's account, or letting another person use yours, in order to evade a limit, a ban, a promotion rule, a giveaway rule, or a pricing control.
• (f) Manipulating or attempting to manipulate our prices, our stock, or our pricing signals, including through wash trading, coordinated activity between accounts, or exploiting a pricing error.
• (g) Selling us, or attempting to sell us, items you do not own or that were obtained through fraud, theft, account compromise, a chargeback, an exploit, or a breach of the Steam Subscriber Agreement.
• (h) Using the Website to launder money, to move the proceeds of crime, to finance terrorism, to evade sanctions, or to conduct any other illegal financial activity.
• (i) Disrupting or interfering with the Website or its associated servers or networks, including by overloading them, probing them, or attempting to gain unauthorized access to any part of them.
• (j) Posting or transmitting content designed to collect personal information from users of the Website or from third parties, or sending unsolicited or unauthorized communications through the Website.
• (k) Transmitting content that is false, misleading, tortious, defamatory, obscene, hateful, harassing, or otherwise objectionable.
• (l) Diverting or attempting to divert users of the Website to another website or service.
• (m) Reverse engineering, decompiling, translating, or disassembling any part of the Website.
• (n) Violating any law, statute, ordinance, regulation, or treaty, or violating the rights of any third party, including intellectual property, privacy, and publicity rights.
• (o) Encouraging or assisting anyone else to do any of the above.

We may modify, suspend, or discontinue the Website or any part of it at any time and without prior notice, and we may refuse service or access to any person or entity at any time.

15. Account Standing, Restrictions, Freezing, and Bans

We operate security and anti-fraud controls to protect the Website, our stock, and our users. Those controls can limit what your account is allowed to do. We do not publish how they work.

Account standing. Your account carries a reputation score, which you can see on your dashboard together with your current standing and the threshold at which an account is banned. Your conduct on the Website raises and lowers it. A sufficiently low score restricts features on your account and can result in a ban.

At our sole discretion, and where we consider it necessary to protect the Website, our users, or ourselves, we may:

• Restrict individual features on your account, including cashing out, depositing, using a particular payment method, and withdrawing items.
• Freeze your account while we investigate a matter. A frozen account cannot trade, deposit, cash out, or withdraw items.
• Ban your account. A banned account may not use the Website. Where we operate a Discord server, a ban on the Website may be applied there as well.
• Apply any of the above to other accounts we reasonably believe are operated by or connected to you, including where a connected account has broken these Terms.

These measures may be applied automatically or manually, without prior notice, and some are the result of automated processing. If you believe a restriction on your account is wrong, contact support and a member of our team will review it.

We may set off any amount you owe us — including a reversed credit, a chargeback and its costs, or a balance obtained through fraud — against any balance or item held in your account.

16. Content You Submit

You may submit content to us: support-ticket messages and attachments, settings values, feedback, ideas, suggestions, and anything else you send us ("Your Content").

You warrant that Your Content does not violate any law, does not breach this Agreement, and does not infringe anyone's rights, including intellectual property, privacy, and publicity rights.

By submitting Your Content you grant us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to use it for the purposes of operating and improving the Services. To the extent permitted by law you waive any moral rights and any rights of publicity or privacy in Your Content as against us.

If you send us ideas, suggestions, or proposals, whether or not we asked for them, we may edit, copy, publish, distribute, translate, and otherwise use them in any medium without restriction. We are under no obligation to keep them confidential, to compensate you for them, or to respond to them.

We assume no responsibility, and cannot be held liable, for content submitted by users or for the conduct of the users who submit it. We may, but are not obliged to, review, edit, or remove any submitted content.

17. Intellectual Property

The Website, its design, its layout, its selection and arrangement of content, its software, its text, and its graphics are owned by Gadget Exchange or licensed to us, and are protected by intellectual property law. Our marks, including GADGET EXCHANGE and our logo, are our trademarks.

You may not use the Website, our marks, or our content without our prior written permission. Unauthorized copying, public display, public performance, distribution, or preparation of derivative works, in whole or in part, is expressly prohibited.

Game titles, item names, item images, and game artwork shown on the Website are the property of their respective owners, including Valve Corporation. We claim no ownership of them, and we are not endorsed by, sponsored by, affiliated with, or otherwise associated with Valve Corporation.

18. Third-Party Services and Links

The Website depends on and interoperates with services we do not own or control, including Steam and the Steam Web API (Valve Corporation), payment and cryptocurrency providers, an identity-verification provider, Discord, and our infrastructure providers.

Your use of those services is governed by their own terms and privacy policies, and you should read them. We are not responsible for their availability, their conduct, their decisions, or any loss arising from them. An outage, a policy change, or a decision by any of them may prevent us from performing part of the Services, and Section 21 applies.

The Website may contain links to third-party websites or content. Their inclusion is not an endorsement, and we are not responsible for them.

19. Errors and Omissions

The Website may occasionally contain typographical errors, inaccuracies, or omissions relating to item descriptions, prices, promotions, offers, fees, availability, or balances. We reserve the right to correct any such error and to change or update information, refuse or cancel an order, and reverse an erroneous credit at any time and without prior notice, including after an order has been submitted. A price or balance shown in error does not create a contract or an entitlement, and we may correct it.

20. Term and Termination

This Agreement begins the first time you access the Website and continues until the earlier of: you stop using the Website; or we terminate your access.

We may terminate or suspend your access to the Website at any time, with or without cause, and with or without notice. You may stop using the Website at any time.

On termination: your right to use the Services ends immediately; any withdrawable balance remains subject to our verification and anti-fraud requirements and to any set-off we are entitled to; non-withdrawable balance is forfeit and is not paid out; and items remaining in your Website inventory may be forfeited if you do not withdraw them within a reasonable period after we ask you to. Where an account is terminated for fraud or for a breach of Section 14, we may withhold balance and items pending investigation and, where the law requires or permits it, permanently.

Termination does not affect any right or obligation that accrued before it, and Section 27 survives.

21. Disclaimer of Warranties

THE WEBSITE, THE SERVICES, AND EVERY ITEM AND MATERIAL PROVIDED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GADGET EXCHANGE AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT PRICES, STOCK, OR BALANCES DISPLAYED WILL BE ACCURATE OR CURRENT; THAT ANY TRADE OFFER WILL BE DELIVERED OR ACCEPTED; THAT ANY ITEM WILL RETAIN ANY VALUE; OR THAT ANY DEFECT WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO STOP USING THEM. NO STATEMENT BY GADGET EXCHANGE OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR DISTRIBUTORS CREATES ANY WARRANTY BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE IN SUCH A JURISDICTION, SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE WHICH EXCLUSIONS APPLY.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GADGET EXCHANGE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY — WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR OTHERWISE — FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF ITEMS OR THEIR VALUE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR ANY ITEM OBTAINED THROUGH THEM.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING OUT OF: DOWNTIME OR UNAVAILABILITY OF THE WEBSITE; ERRORS OR OMISSIONS IN PRICES, STOCK, OR BALANCES; ANY ACT, OMISSION, OUTAGE, OR DECISION OF VALVE CORPORATION, INCLUDING TRADE HOLDS, ACCOUNT LOCKS, ITEM REMOVAL, AND ITEM DEVALUATION; ANY ACT, OMISSION, OR OUTAGE OF A PAYMENT, CRYPTOCURRENCY, IDENTITY, OR INFRASTRUCTURE PROVIDER; ANY BLOCKCHAIN TRANSACTION, INCLUDING ONE SENT TO AN INCORRECT ADDRESS OR ON AN UNSUPPORTED NETWORK; ANY CHANGE IN THE MARKET VALUE OF ANY ITEM OR CRYPTOCURRENCY; ANY UNAUTHORIZED ACCESS TO YOUR STEAM ACCOUNT OR YOUR GADGET EXCHANGE ACCOUNT; AND ANY SUSPENSION, FREEZE, OR TERMINATION OF YOUR ACCOUNT UNDER THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF GADGET EXCHANGE ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF, OR FAILURE TO PROVIDE, THE WEBSITE, THE SERVICES, OR ANY ITEM SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (USD 100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE IN SUCH A JURISDICTION, SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE WHICH LIMITATIONS APPLY.

23. Indemnification

You agree to indemnify, defend, and hold harmless Gadget Exchange and its officers, members, managers, directors, employees, subsidiaries, affiliates, and representatives from and against any and all losses, including costs and attorneys' fees, arising out of or related to: your use of the Website; your purchase, sale, or withdrawal of items through the Website; your use or misuse of any item obtained through the Website; your breach of this Agreement; your violation of the rights of any third party, including intellectual property and privacy rights; and your violation of any law, statute, ordinance, regulation, or treaty.

Your obligation to defend does not give you control of our defense. We reserve the right to control our own defense, including our choice of counsel and whether to litigate or settle any claim subject to indemnification.

24. Copyright and DMCA Policy

We respond to notices of claimed copyright and other intellectual property infringement under the Digital Millennium Copyright Act ("DMCA") and will terminate the accounts of users determined, in our sole discretion, to be repeat infringers.

If you believe content on the Website infringes your copyright or trademark, or violates your publicity or other intellectual property rights, send a written notice to our designated agent:

• By mail: Gadget Exchange LLC — Designated Copyright Agent, 5900 Balcones Dr, Ste 100, Austin, Texas 78731, United States.
• By email: [email protected], with the subject line DMCA TAKEDOWN NOTICE.

To process your claim you must be the rightsholder or someone authorized to act on the rightsholder's behalf, and your notice must include:

• (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right alleged to be infringed.
• (b) Identification of the copyrighted work claimed to be infringed, or, where multiple works are covered by one notice, a representative list of them.
• (c) Identification of the material claimed to be infringing, with information sufficient to let us locate it on the Website.
• (d) Your name, address, telephone number, and email address.
• (e) A statement that you have a good-faith belief that the use complained of is not authorized by the copyright owner, its agent, or the law.
• (f) A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right alleged to be infringed.

For more information about compliant notices and counter-notices, see copyright.gov.

Upon receipt of a valid notice we may forward it, including your contact information, to the party whose content is affected, so that they understand why it was removed and can contact you to resolve the dispute. It is our policy to remove or disable access to material we believe in good faith to be infringing, and in appropriate circumstances to terminate the accounts of and block access by repeat infringers.

25. Gadget Exchange as a Service Provider

You understand and agree that Gadget Exchange provides the Website as a service and takes no responsibility for, and will not be held liable for, interactions between users of the Website or between you and any third party. To the extent it applies, Gadget Exchange is an interactive computer service as that term is defined in Section 230 of the Communications Decency Act, and cannot be held liable as the publisher of information provided by a third party. Although we may edit, remove, or control content submitted by third parties, we are not liable for that content.

26. Dispute Resolution — Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury decide your claims.

(a) Informal resolution first. Before starting an arbitration, you agree to contact us at [email protected] with a written description of the dispute and the relief you seek, and to give us sixty (60) days to resolve it informally.

(b) Agreement to arbitrate. Except for claims for injunctive relief and claims of intellectual property infringement, and except for claims that qualify for small claims court, you and Gadget Exchange agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Website, the Services, or any item obtained through the Website — whether in tort, contract, statute, or otherwise, and including any dispute about the existence, breach, interpretation, application, or termination of this Agreement — shall be finally resolved by binding arbitration administered through the platform provided by New Era ADR, Inc. (app.neweraadr.com) (the "New Era Platform") in accordance with its rules and procedures for "Virtual Expedited Arbitrations", before a professional neutral with substantial experience resolving commercial disputes (the "Neutral"). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.

(c) Procedure. The arbitration will be conducted in the English language. The Neutral's decision is final and binding, and judgment on any award may be entered in any court with jurisdiction. Nothing in this section prevents either party from seeking immediate injunctive relief from any court of competent jurisdiction, and such a request is not incompatible with this agreement to arbitrate and is not a waiver of the right to arbitrate. The parties will keep confidential all awards, all confidential information, all materials created for the purpose of the arbitration, and all documents produced by the other party that are not otherwise public, except to the extent disclosure is required by legal duty, to protect or pursue a legal right, or to enforce or challenge an award. The Neutral shall award all fees and expenses, including reasonable attorneys' fees, to the prevailing party.

(d) CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE, SALE, OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU AND GADGET EXCHANGE EXPRESSLY AGREE THAT CLASS AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN, AND SHALL NOT APPLY TO, ANY ARBITRATION UNDER THIS AGREEMENT.

(e) Time limit. Any claim must be brought within one (1) year of the applicable transaction or of the event giving rise to the claim, or it is permanently barred.

(f) Severability of this section. If the class action waiver in paragraph (d) is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and brought in court, and the remainder of this section shall continue to apply to all other claims.

27. Governing Law and Venue

This Agreement, and any dispute arising out of or related to it or to your use of the Website, is governed by the laws of the State of Texas, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any claim not subject to arbitration under Section 26 must be brought exclusively in the state or federal courts located in Travis County, Texas, and will be governed by the laws of the State of Texas without regard to its conflict of laws rules. By using the Website you consent to the personal jurisdiction of those courts and waive any objection to venue there.

28. Force Majeure

We are not responsible for any delay or failure in performance arising out of any cause beyond our reasonable control, including acts of God, war, riot, fire, terrorist attack, pandemic, labor dispute, power or network outage, severe weather, government action, sanctions, blockchain network failure or congestion, and any outage, restriction, policy change, or decision of Valve Corporation or of any payment, cryptocurrency, identity, hosting, or infrastructure provider.

29. General

Survival. The representations, warranties, duties, and covenants you make under this Agreement survive its termination and the termination of the Website, including your indemnification and defense obligations, and Sections 4, 6, 16, 17, 21, 22, 23, 26, and 27.

Assignment. You may not assign your rights or duties under this Agreement. We may assign ours, including in connection with a merger, acquisition, reorganization, or sale of Gadget Exchange or of the Website.

Severability. If any provision of this Agreement is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions shall continue in full force.

Waiver. No term of this Agreement and no breach of it is waived unless the waiver is in writing and signed by the party to be charged. Our failure to enforce a provision is not a waiver of it.

Interpretation. This Agreement shall be deemed to have been drafted by both parties and shall not be construed against its drafter. Headings are for convenience only.

Entire agreement. This Agreement, together with the Privacy Policy and any additional rules we publish for a specific feature or promotion, is the entire agreement between you and Gadget Exchange, and supersedes all previous agreements, representations, and understandings.

30. Contact Us

• Company: Gadget Exchange LLC
• Address: 5900 Balcones Dr, Ste 100, Austin, Texas 78731, United States
• Email: [email protected]

For account and transaction questions, please open a support ticket on the Website — it reaches the right team fastest and lets us see your account.