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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.

 

KlearGear Copyright

 

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.

 

Trademarks

 

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.

 

Endorsement

 

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.

 

KlearGear Manufacturer Stores

 

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.

 

Hyperlinks

 

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.

 

Warranties

 

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.

 

Restricted Rights Legend

 

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.

 

Software

 

Technical support for software, if any, is provided by the manufacturers of the appropriate products.

 

Limitations of Advice

 

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 be sought.

 

Errors, Omissions, and Changes

 

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 a refund.

 

Fraud

 

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.

 

Non-Disparagement Clause

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.

 

Applicable Law

 

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

 

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.

 

Address:

 

KlearGear.com

427 North Tatnall Street
Wilmington, Delaware 19801-2230

http://www.KlearGear.com



 

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