TERMS OF SERVICE
(Effective December 1st, 2017)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
By i) using this site, ii) purchasing any products or services from thespearfishinggroup.com (herein referred to as “the Site”) or members.thespearfishinggroup.com, or iii) utilizing any of the products or services from the Site through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from the Site, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site or purchase any products.
- General Terms & Conditions
- User Public Forum Submission/Participation Policy and Terms
III. Special Notes with regard to Product and Service Purchases
- Product and Service Purchase Agreement
- GENERAL TERMS & CONDITIONS
- a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of any features found at/on iluvogranics.com, as well as any of its subdomains, related domains, or shopping cart pages (collectively known herein as “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in this document include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links. Please read the Terms and Conditions found at that site for more information.
- b) Restrictions on Use
The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial, home-use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site. You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or mis-appropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
If you are found to do any of the above, we reserve the right to terminate your membership and access to the Site. You will not be able to collect any refunds for money spent.
- c) Links
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to firstname.lastname@example.org We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT, ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE OF DELAWARE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
- d) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
- e) No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself that you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
- f) Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access.
We hereby require all users of the Site to be over 13 and all purchasers of the Site’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of the Site, you represent that you are at least 18 years of age.
- g) Membership Fees
All purchasers of the Site’s membership and/or subscription services may cancel service at any time by sending an email to email@example.com including the name, current account email address, phone number, and billing address of the individual which purchased the membership/subscription. The Site reserves the right to request additional information from any individual wishing to cancel in order to verify the account to be cancelled as well as the identity of the person requesting cancellation. Paid membership fees are non-refundable at any time.
- h) Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Site or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Site’s and protected by U.S. and international copyright laws.
- i) Trademarks
The Site’s name and other Site logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Site or its affiliates in the U.S. and/or other countries. The Site’s trademarks and trade dress may not be used in connection with any product or service that is not the Site’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site. All other trademarks not owned by the Site or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Site or its affiliates.
- j) Contact Us
The address for the Site is:
(address will be updated once available)
The best way to contact us and reach our customer support is by emailing us at firstname.lastname@example.org
For cancellation of a subscription, you may submit a cancellation request at email@example.com including your name, email address, and mailing address used to place order.
Privacy matters can be addressed to us by emailing us at firstname.lastname@example.org
- User Public Forum Submission/Participation Policy and Terms
- a) General:
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums” or “Comments”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. The Site has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
- b) Your Participation/Contribution Requires Consideration:
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not be a private, secure service. Think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the the Site specifically notes otherwise (for example, in the rules for a particular forum).
- c) Confidential Obligations:
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with the Site that requires you to maintain the confidentiality of certain material or information of and/or disclosed on the Site. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which the Site has required you to preserve as confidential.
- d) Grant of Rights:
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of the Site or other information you are required to preserve as confidential by the Site, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted the Site, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that the Site may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
- e) No Obligation to Monitor:
The Site does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, the Site reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the Site’s sole discretion.
- f) No Obligation to Remove:
The Site is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this website by any means, whether submitted via HTTP (web), HTTPS (secure web server), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that the Site shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with the Site with differing terms or the Site has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
- g) No Endorsement:
The Site does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
- h) The Site’s Right to Act:
If the Site discovers communications which allegedly do not conform to any Terms and conditions of this Site, the Site may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Site will have no liability or responsibility for performance or non-performance of such activities. The Site reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which the Site has absolutely no control.
III. Special Notes with regard to Product and Service Purchases
- a) Shipping Methods
Products shipped by the Site may be shipped by USPS Standard or by any other method in the discretion of the Site. A shipping charge may be imposed.
* All orders require at least 24-72 business (not including weekends) hours processing time before shipping.
* The Site does not process orders during weekends.
* No deliveries will be made on Saturday or Sunday.
* The Site does not guarantee same day shipping.
* Exact delivery times to any location cannot be guaranteed.
- b) Duty Tax
It is your responsibility to calculate the amount of Customs/Duty that will be applied to your purchase by the Customs Office in your country.
- c) Product listings
The Site strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, the Site shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from the Site are provided as resources to customers looking for additional information and/or professional opinion. The Site does not assume responsibility for the claims and/or representations made on these or any other websites.
- e) Product Revisions
The Site is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases the Site acts as a distributor for others. In the interest of our customers, the Site puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, the Site relies on the manufacturer of a product to communicate these differences. Presently, we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, the Site will not be held responsible for product revision changes.
- Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from the Site, viewing such products, or otherwise using such products or services, you (herein known as the “Customer”) agree to be bound by the terms and conditions listed herein. The customer and the Site agree that the following terms and conditions are the exclusive terms governing the sales transaction between themselves and the Site. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, become null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from the Site.
- a) Product Issues
If you have problems or concerns regarding the the Site or your purchases, you may contact us by emailing us at email@example.com
- b) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES THE SITE’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. THE SITE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. THE SITE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT THE SITE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
- d) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the products and services sold by the Site are the confidential and proprietary information and property of the Site. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the the Site by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of the Site, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of the Site, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from the Site. Anyone viewing or otherwise utilizing the products of the Site by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that the Site discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by the Site remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from the Site.
- e) AUTHORIZATION OF PURCHASE.
If you order anything posted at thespearfishinggroup.com, any subdomains of thespearfishinggroup.com, Customer additionally agrees to pay the amounts set forth therein, that the Site may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.
- f) GENERAL TERMS AND CONDITIONS
- Payment Terms; Orders:
An order is not binding upon the Site until it is accepted. The Site must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with the Site. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
- Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on the Site invoice.
- Title; Risk of Loss:
The Site will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) – excepting software- and risk of loss passes to you upon delivery to the carrier. The Site reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow the Site to sign appropriate documents on your behalf to permit the Site to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. The Site will advise you of estimated shipping dates, but the Site will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
- Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between the Site and yourself shall be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. The Site and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Delaware, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Site that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Delaware law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
- Entire Agreement:
These Terms and Conditions are the complete and exclusive agreement between the Site and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Site and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
- Return Policy / Product Refunds:
We strive to ensure that our products are produced from high-quality materials & shipped on time and accurately. We accept returns and will issue a refunds within 30 days if customers are disappointed with their order for ANY reason EXCLUDING free + shipping, $0.01 + shipping, offers where returns, refunds, exchanges will be handled on a case-by-case basis, please contact firstname.lastname@example.org.
If you are in any way unsatisfied with your purchase, we want to make it right and we kindly ask you to please contact us at email@example.com
If you do an exchange, depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are returning/exchanging an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
NO REFUNDS ARE OFFERED FOR PRODUCTS INCLUDED IN THE WELCOME PACKAGE. PAST PAID MEMBERSHIP DUES ARE NON-REFUNDABLE.
- g) Payment Failures
Any failed transactions for membership dues, which allow access to the members.thespearfishinggroup.com site, will result in temporary access removal from the paid content. Access will be reinstated once fees are paid in full.