Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Specter Gear. The collective work includes works that are licensed to Specter Gear. Copyright 2003, Specter Gear ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Specter Gear or purchasing Specter Gear products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Specter Gear or to purchase Specter Gear products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Specter Gear. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Specter Gear used in the site are trademarks or registered trademarks of Specter Gear
Specter Gear products are warranted to be free from defects in materials and workmanship for the life of the product. Our warranty applies when the product is used for the purpose intended, under normal conditions, and does not apply to damages caused by typical wear and tear, unreasonable use, or neglect. This warranty gives you specific legal rights. You may also have other legal rights which vary from state to state.
Should an error occur on our part, or if you believe your order is damaged, defective or short any item(s), please notify us within 10 days for return authorization or correction.
All returns must be authorized by Specter Gear
We allow a 10 day order review period from time of delivery. If you are dissatisfied with a product, a Return Authorization number must be obtained from us within the 10 day review period. Once authorized, the new or unused item must be shipped back to us within 10 days from the date that you receive the Return Authorization. Include a copy of the original invoice with the returned item. Original packaging must be included and the item must not show any wear, usage or intentional damage. Original shipping charges are not refunded. If an item is returned without defect within the timeframe given above, we reserve the right to charge up to a 20% re-stocking fee when refunding the customer.
If a customer returns an order within the timeframe given above because of a material defect in a product, the item will be replaced or refunded with no restocking charge. Original packaging must be included and the item must not show any wear, usage or intentional damage. Original shipping charges are not refunded.
3rd party non-Specter produced items, such as GG&G products, will not be accepted for return if their original packaging has been opened. Please feel free to call or email us if you have any questions as to whether or not a particular 3rd party item will be appropriate for your needs.
In either situation, a Return Authorization number must be obtained before shipping the item to Specter Gear. This Return Authorization number must be printed immediately beneath the “ship to” address on the return package sent to Specter Gear or the package will be refused. Example:
1107 E. Douglas Ave.
Visalia, CA 93292
Limitation of Liability
Specter Gear shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Specter Gear has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Specter Gear product is mistakenly listed at an incorrect price, Specter Gear reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Specter Gear reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Specter Gear shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Specter Gear without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Specter Gear may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Specter Gear.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Specter Gear products) shall be in the state or federal courts located in Tulare County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Specter Gear products) must be commenced within one (1) year after the claim or cause of action arises. Specter Gear's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Specter Gear may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Specter Gear or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Specter Gear does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Specter Gear is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Specter Gear reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Specter Gear in its sole discretion.
You agree to indemnify, defend, and hold harmless Specter Gear, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Specter Gear may link to sites operated by third parties. However, even if the third party is affiliated with Specter Gear, Specter Gear has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Specter Gear. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Specter Gear seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).