Last updated: Dec. 4, 2019

Terms and Conditions

This website and any mobile application (collectively, this “Site”) is owned by ReckGear® (“We”, “Us”, “Our” or “ReckGear”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Privacy Policy

Our privacy policy which also governs your visit to Our website, which can be found at Privacy Terms. Please review these terms as it pertains to how we collect, store, use, and share information about our users

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws and is the property of ReckGear®. The collective work includes works that are licensed to ReckGear®. Copyright 2016, ReckGear® ALL RIGHTS RESERVED. As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.

Trademarks

All trademarks, service marks and trade names of ReckGear® used in the site are trademarks or registered trademarks of ReckGear®

Ownership

As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws. 

The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.

OUR GUARANTEE

ReckGear® stands behinds the quality of its products and service. If you are not satisfied with your purchase from us, simply contact Customer Care within 14 days from the date of your purchase and subject to the following criteria we will do our best to resolve your concern. If in case we aren’t able to provide you with an acceptable resolution, we may, at our discretion refund the full or partial price of the product in question. Refunds exclude postage and processing costs.

ReckGear® products are held in limited stock and are printed with the best quality materials possible using state-of-the-art printing equipment and machines.

ReckGear® takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control. Please note that we cannot be responsible for colour variations in the printed products
Actual print colours may appear different from colours seen on your computer screen. This is something outside of our control as screen display and actual colour matching is not 100% reliable seen on screen. If you have any specific concerns regarding colours, please contact us and we will be glad to provide you with the appropriate information.
If you are interested in placing a volume order and are concerned about the quality, please order a single print initially as a sample. Once you are satisfied with the quality of our product and printing, please proceed with your larger order.
If you have any questions regarding our guarantee, please contact ReckGear

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ReckGear® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ReckGear® does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ReckGear® does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice. 

Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless ReckGear® and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defence or settlement of any third party Claims.

Typographical Errors
In the event that a ReckGear® product is mistakenly listed at an incorrect price, ReckGear® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ReckGear® 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, ReckGear® shall issue a credit to your credit card account in the amount of the incorrect purchased price.

Term; Termination

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 ReckGear 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.

Purchases on This Site

You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. 

The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable provincial/state sales tax rate of the location to which the order is being shipped based on current Canadian and applicable standards. 

When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed and at the time of arrival of Products/Services. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. All duties/import fees are of the responsibility of the purchaser at the time of the order and are not the responsibility of Us at any time.

Only valid credit cards or other payment methods acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other methods. If the card (or other methods) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. 

All returns are governed by our Return Policy, which can be found at Refund Policy. 

We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. 

All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.  We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Exclusive of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Notice
When you use this site or send emails 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 our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

Miscellaneous

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement between you and Us regarding the use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found here, and any notices regarding the Site. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ReckGear® products) must be commenced within one (1) year after the claim or cause of action arises. ReckGear’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. ReckGear® may assign its rights and duties under this Agreement to any party at any time without notice to you.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  • User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that describes displays or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • and Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

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 ReckGear® 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.

Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Account Disclaimer & Restrictions of Right of Use

In order to access some features of this site, you may be required to register and We may assign to you, or you may be required to select, a password and username and/or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
  • remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
  • use any robot‚ spider‚ site search/retrieval application‚ or other devices to retrieve or index any portion of this Site;
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
  • reformat or frame any portion of any Web pages that are part of this Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
  • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity;
  • or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
  • copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
  • take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available;
  • or use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Third-Party Links

In an attempt to provide increased value to our visitors, ReckGear® may link to sites operated by third parties. However, even if the third party is affiliated with ReckGear®, ReckGear® has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ReckGear®. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ReckGear® 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). You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at [email protected].