Terms of Sale and Use / Legal
Use of this site, and the terms and conditions for the sale of any goods and
services, is governed by the following Terms & Conditions. By using this Web
site you acknowledge that you have read the Terms & Conditions and the
disclaimers and caveats contained in this Web site, and that you accept that use
of the Site will be bound by the terms thereof.
All screens, including graphics, text elements and
this notice, that are displayed in normal operations of this Web server are
Copyright © 2001 - 2012 KlearGear.com (Klear Gear) unless otherwise specified. All rights reserved.
KlearGear.com, the KlearGear logo, and KlearGear
Just What You're Looking For are trademarks or registered trademarks of
KlearGear.com. All other trademarks, product names and company logos mentioned
herein remain the trademarks of their respective owners.
Descriptions of, or references to, products or
publications within the KlearGear.com service does not imply endorsement of that
product or publication. KlearGear makes no warranty of any kind with respect to
the subject matter included herein, the products listed herein, or the
completeness or accuracy of this Web site.
Manufacturer Stores on KlearGear.com are convenient
opportunities for our customers to find all products that we carry for a
particular manufacturer. These "stores" are simply Shop By Manufacturer
categories, and are entirely part of KlearGear.com. Unless otherwise
noted, the manufacturer is not involved in the development or operation of their
product category on KlearGear.com.
This site contains links to other Internet sites.
Such links are not endorsements of any products or services found on such sites,
and no information on such site has been endorsed or approved by KlearGear.
THE SERVICE AND CONTENT FROM OR THROUGH THIS WEB
SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND KLEARGEAR DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KLEARGEAR WILL NOT BE
LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM
POSSESSION OR USE OF THIS WEB SITE (INCLUDING DATA LOSS, CORRUPTION OR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE)
OR SOFTWARE PROVIDED, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT,
CONTRACT OR OTHERWISE. THE REMEDIES AVAILABLE UNDER THESE TERMS AND CONDITIONS
ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERYONE.
Use, duplication, or disclosure by the United
States Government is subject to the restrictions set forth in DFARS 252.227-7013
(c)(1)(ii) and FAR 52.227-19.
Technical support for software, if any, is provided
by the manufacturers of the appropriate products.
This service is designed to provide accurate and
authoritative information with respect to the subject matter covered. It is
provided with the understanding that KlearGear is not engaged in rendering
legal, accounting, or other professional services. If legal advice or other
expert assistance is required, the services of a competent professional should
While KlearGear attempts to ensure the accuracy of
any materials presented within the KlearGear.com Web site, KlearGear makes no
warranties or representations as to its accuracy, and the user is warned that
this service could include typographical errors, technical inaccuracies, and/or
other errors or omissions. KlearGear reserves the right to make improvements
and/or changes in this service at any time, and we reserve the right to make
changes to our site and these disclaimers, terms and conditions at any time. Any
list prices are the prices provided to KlearGear by our manufacturers and/or
distributors, and are periodically updated. In the event that a product is
listed at an incorrect price or with other incorrect information due to a
typographical or other error, KlearGear has the right to refuse or cancel any
orders placed for the product listed incorrectly. KlearGear has the right to
refuse or cancel any such orders, whether or not the order has been confirmed
and/or your credit card has been charged. If your credit card has been charged
for the purchase and your order is canceled, KlearGear shall issue a credit to
your credit card account in the amount of the charge. If a product offered by
KlearGear is not as described, your sole remedy is to return it to KlearGear for
In the event KlearGear determines, in its sole
discretion, that an order may be fraudulent, we reserve the right to refuse or
cancel any such order, for any reason, at any time, and whether or not the order
has been confirmed and/or a credit card has been charged. If a credit card has
already been charged for the purchase and the order is canceled, KlearGear shall
issue a credit to the credit card account in the amount equal to the charge.
In an effort to ensure fair and honest public feedback, and to prevent the
publishing of libelous content in any form, your acceptance of this sales
contract prohibits you from taking any action that negatively impacts
KlearGear.com, its reputation, products, services, management or employees.
Should you violate this clause, as determined by KlearGear.com in its sole
discretion, you will be provided a seventy-two (72) hour opportunity to retract
the content in question. If the content remains, in whole or in part, you will
immediately be billed $3,500.00 USD for legal fees and court costs until such
complete costs are determined in litigation. Should these charges remain unpaid for 30
calendar days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and
will be reported to consumer credit reporting agencies until paid.
This site is created and controlled by
KlearGear.com., in the State of Delaware, USA, and it can be accessed from all 50
states and the District of Columbia, as well as from other countries around the
world. Because the laws of these other places may be different from Delaware law,
by accessing this Web site you and KlearGear agree that the laws of the State of
Delaware will apply to all matters relating to use of this Web site, without regard
to conflicts of laws principles. You and KlearGear also agree and submit to the
exclusive personal jurisdiction and venue of the State and Federal Courts found
in New Castle County, Delaware, with respect to such matters. KlearGear makes no
representation that materials on our Web site are appropriate or available for
use in other locations, and accessing them from territories where their contents
are illegal is prohibited. If you choose to access this Web site from other
locations you do so on your own initiative and are responsible for compliance
with any applicable local laws.
KlearGear Countdown items may be highly limited due
to high order volume and processing time. While we do our best to maintain an
appropriate level of inventory throughout the day, we can not guarantee that all
orders will be fulfilled. If you place an order for a KlearGear Countdown item
and it is not available, that item will automatically be cancelled from your
order and you will be notified via email.
Chargeback and Dispute Policy
Product returns, exchanges, and refunds are governed by the Terms of Sale and
Use published on this web site.
By submitting an order through this website you understand and agree to these binding Terms of
Sale and Use and you agree to allow KlearGear.com to attempt settlement of any
order-related or billing-related dispute for 30 days before disputing with any third party (including PayPal via the submission of a Dispute or Claim), credit card company
or bank. Klear Gear simply requires that it be the first option in
billing disputes. Submission of an order through this website constitutes
a legally binding sales contract between you and KlearGear.com, Inc., with your
order submission the equivalent to your personal signature to this agreement and
all terms contained within it.
Should Klear Gear receive a chargeback (a sale
reversal that occurs when a customer contacts his or her credit card-issuing
bank or credit card company to request a refund for any part of a purchase that
they or someone else made on their credit card) or other reversed charge from a
third party (e.g., PayPal), credit card company or bank on your behalf before
Klear Gear has been given a chance to resolve the issue as provided in this
section, Klear Gear has the right to collect on the shipped products or rendered
services and any fees associated with those disputes.
Klear Gear charges a $50.00 Dispute Fee per
above-described Dispute should KlearGear.com not be given
an opportunity to resolve any dispute as provided in this section, and the offending customer's personal information (with the exception of sensitive payment method details) will be provided to BadCustomer.com to limit the customer's ability to purchase from other retailers and service providers.
The Dispute Fee is not refundable, even if Klear Gear wins your dispute or if
you later cancel your dispute. By making a purchase through KlearGear.com
you expressly authorize KlearGear.com to charge to the credit card you have
provided to purchase the goods or services in dispute.
If Klear Gear is
unable to charge the Chargeback against this credit card, Klear Gear shall
have the right to otherwise collect the Dispute Fee from you. If Klear
Gear is unable to collect the aforementioned Dispute Fee within 30 days of first
attempting to charge you under this agreement, Klear Gear will forward your
account to our external collections agency and assess an additional $500.00
Collection Fee. The original Dispute Fee and Collection Fee are subject to
2% monthly interest until the balance is paid in full including associated
collection fees, legal fees, and costs of court as assessed separately by our
collection firm. As a customer of
KlearGear.com, you hereby expressly agree to these Terms.
Not all billing disputes may be settled to a customer's satisfaction. Once Klear
Gear has been given first right to settle a billing dispute as described
above, a customer
may use any third party, credit card company or bank in an attempt to settle the
dispute. However, Klear Gear still retains the right to collect on any
shipped products or rendered services or fees that are due. Should Klear
Gear be unable to reverse any disputed amounts with a third party,
credit card company or bank, Klear Gear will submit the full delinquent
amount to Credit Bureaus in association with its collections efforts.
427 North Tatnall Street
Wilmington, Delaware 19801-2230