Terms & Conditions
Welcome to GlimmerGear.com. Glimmer Gear Services LLC and/or its affiliates ("Glimmer Gear") provide Glimmer Gear products and services to you when you visit or shop at GlimmerGear.com, use Glimmer Gear products or services, use Glimmer Gear applications for mobile, or use software provided by Glimmer Gear in connection with any of the foregoing (collectively, "Glimmer Gear Services"). Glimmer Gear provides the Glimmer Gear Services subject to the following conditions.
By using Glimmer Gear Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Glimmer Gear Services, and sometimes additional terms may apply. When you use an Glimmer Gear Service (for example, Your Profile, Gift Cards, or Glimmer Gear applications for mobile ) you also will be subject to the guidelines, terms and agreements applicable to that Glimmer Gear Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Glimmer Gear Services, to understand our practices.
When you use any Glimmer Gear Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Glimmer Gear Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Glimmer Gear Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Glimmer Gear or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Glimmer Gear Service is the exclusive property of Glimmer Gear and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Glimmer Gear Service are trademarks or trade dress of Glimmer Gear in the U.S. and other countries. Glimmer Gear's trademarks and trade dress may not be used in connection with any product or service that is not Glimmer Gear's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Glimmer Gear. All other trademarks not owned by Glimmer Gear that appear in any Glimmer Gear Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Glimmer Gear.
One or more patents owned by Glimmer Gear apply to the Glimmer Gear Services and to the features and services accessible via the Glimmer Gear Services. Portions of the Glimmer Gear Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Glimmer Gear or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Glimmer Gear Services. This license does not include any resale or commercial use of any Glimmer Gear Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Glimmer Gear Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Glimmer Gear or its licensors, suppliers, publishers, rightsholders, or other content providers. No Glimmer Gear Service, nor any part of any Glimmer Gear Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Glimmer Gear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Glimmer Gear without express written consent. You may not use any meta tags or any other "hidden text" utilizing Glimmer Gear's name or trademarks without the express written consent of Glimmer Gear. You may not misuse the Glimmer Gear Services. You may use the Glimmer Gear Services only as permitted by law. The licenses granted by Glimmer Gear terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Glimmer Gear Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Glimmer Gear does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Glimmer Gear Services only with involvement of a parent or guardian. Glimmer Gear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Glimmer Gear reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Glimmer Gear a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Glimmer Gear and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Glimmer Gear for all claims resulting from content you supply. Glimmer Gear has the right but not the obligation to monitor and edit or remove any activity or content. Glimmer Gear takes no responsibility and assumes no liability for any content posted by you or any third party.
Glimmer Gear respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Glimmer Gear are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Glimmer Gear does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Glimmer Gear does not take title to the refunded item. For more information about our returns and refunds, please see our Refund Policy
Glimmer Gear attempts to be as accurate as possible. However, Glimmer Gear does not warrant that product descriptions or other content of any Glimmer Gear Service is accurate, complete, reliable, current, or error-free. If a product offered by Glimmer Gear itself is not as described, your sole remedy is to return it in unused condition.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. Glimmer Gear reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days.We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
GLIMMER GEAR SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Glimmer Gear Services (the "Glimmer Gear Software").
Parties other than Glimmer Gear operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Glimmer Gear does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Glimmer Gear SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Glimmer Gear SERVICES ARE PROVIDED BY Glimmer Gear ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Glimmer Gear MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Glimmer Gear SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Glimmer Gear SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Glimmer Gear SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Glimmer Gear DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Glimmer Gear DOES NOT WARRANT THAT THE Glimmer Gear SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Glimmer Gear SERVICES, Glimmer Gear'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Glimmer Gear ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Glimmer Gear WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Glimmer Gear SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Glimmer Gear SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Glimmer Gear Service, or to any products or services sold or distributed by Glimmer Gear or through GlimmerGear.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at, ABC Street, Suite 123, San Diego, CA 92104. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, Glimmer Gear will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Glimmer Gear Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Glimmer Gear.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Glimmer Gear Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Glimmer Gear, LLC.
P.O. Box 12345
San Diego, CA 92104
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form . We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may contact Glimmer Gear for copyright infringement as follows:
Glimmer Gear, LLC.
P.O. Box 12345
San Diego, CA 92104
phone: (123) 456-7890
Additional Glimmer Gear Software Terms
Use of the Glimmer Gear Software. You may use Glimmer Gear Software solely for purposes of enabling you to use and enjoy the Glimmer Gear Services as provided by Glimmer Gear, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Glimmer Gear Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Glimmer Gear Software or otherwise assign any rights to the Glimmer Gear Software in whole or in part. You may not use the Glimmer Gear Software for any illegal purpose. We may cease providing any Glimmer Gear Software and we may terminate your right to use any Glimmer Gear Software at any time. Your rights to use the Glimmer Gear Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Glimmer Gear Software that are specifically identified in related documentation may apply to that Glimmer Gear Software (or software incorporated with the Glimmer Gear Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Glimmer Gear Service is the property of Glimmer Gear or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Glimmer Gear Software, whether in whole or in part, or create any derivative works from or of the Glimmer Gear Software.
Updates. In order to keep the Glimmer Gear Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Glimmer Gear Software. If you are a U.S. Government end user, we are licensing the Glimmer Gear Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Glimmer Gear Software are the same as the rights we grant to all others under these Conditions of Use.