Terms of service

SCAPEGEAR TERMS OF USE & SALES USA

Effective Date: 17 February 2025

Overview

Note: Please read these Terms carefully before using the Site. This website is operated by SCAPEGEAR GROUP, LLC. Throughout the Site, the terms “we,” “us,” and “our” refer to SCAPEGEAR.
SCAPEGEAR offers this website, including all information, tools, and products available from this Site to you, the user, conditioned upon your acceptance of these Terms. By visiting our Site and purchasing from us, you engage in our service and agree to be bound by these Terms, including additional terms and policies referenced herein or available by hyperlink.

1. Acceptance of Terms

By accessing the Site, you confirm that:

  • You are at least the age of majority in your jurisdiction or have provided consent for minors under your responsibility to use the Site.

  • You will not use our products for any illegal or unauthorized purpose.

A breach or violation of any of the Terms will result in immediate termination of services. These Terms constitute the entire agreement between SCAPEGEAR and you, superseding prior agreements.

SCAPEGEAR reserves the right to update or change these Terms at any time. It is your responsibility to check for changes periodically. Continued use of the Site constitutes acceptance of such changes..

2. Order Modification and Rejection

SCAPEGEAR reserves the right to reject or modify any order, even after confirmation or payment. If any portion of your order is rejected, you will be notified, and a credit will be issued if necessary.

3. Accuracy, Completeness, Timeliness of Information, and Shipping Risk

SCAPEGEAR is not responsible for inaccurate, incomplete, or outdated information on the Site. 

The material provided is for general reference only and should not be relied upon as the sole basis for decision-making. We reserve the right to modify content at any time.

SCAPEGEAR is not responsible for delays or discrepancies related to product descriptions, pricing, or availability. 

Estimated delivery times are provided as a reference only and are not a guarantee.

Title and risk of loss for products pass to you upon delivery to the carrier. 

SCAPEGEAR is not liable for any delays caused by shipping carriers, customs clearance, or unforeseen circumstances beyond our control. 

We recommend that customers track their shipments and contact the carrier for any delivery-related issues. Any claims related to shipping discrepancies must be reported within seven (7) days of delivery to support@scapegear.com and must include the communication/notification of the discrepancy to the carrier.

Addendum:
For international orders, customs duties and taxes may apply. These are the responsibility of the customer and are not included in the cost of the product at checkout.

4. Payments, Price Protection, and Modifications

By making a purchase, you confirm that payment information is accurate and charges will be honored by your provider. 

SCAPEGEAR does not provide price protection or refunds in the event of a price drop or promotional offering. 

We reserve the right to modify or discontinue products without notice. 

We are not liable for changes in price, suspension, or discontinuation of products.

5. Limited Resale Rights

SCAPEGEAR products are intended for personal use only. 

  • You may not resell or exploit any product purchased on the Site for commercial purposes without explicit written authorization from SCAPEGEAR. 

  • Unauthorized resale or purchase from unauthorized sources is a violation of this policy and may result in the 

    • termination of your account and 

    • legal action. 

SCAPEGEAR reserves the right to pursue remedies including but not limited to injunctions, monetary damages, and any other relief permitted by law.

6. Product Information and Availability

SCAPEGEAR reserves the right to limit product sales to any person, region, or jurisdiction on a case-by-case basis. 

All product descriptions and pricing are subject to change at any time without notice. 

We do not guarantee that product descriptions, images, or pricing are free from errors, and we reserve the right to correct such errors as needed. Product availability is not guaranteed, and 

SCAPEGEAR reserves the right to discontinue any product at any time.

For product returns and warranty, refer to our Warranty and Return Policy 

Addendum:
In the case of backorders, customers will be notified, and delivery estimates will be provided. SCAPEGEAR strives to minimize delays but cannot guarantee exact timelines for backordered items.

7. Billing and Accuracy

SCAPEGEAR reserves the right to refuse any order you place. We may limit or cancel quantities purchased per person, household, or order. This includes orders under the same account, credit card, or billing/shipping address. If a change is made, we will notify you via the provided email. You must provide current and accurate account information for all purchases.

8. Subscription Terms, Auto-Renewal, and Cancellation

Subscriptions will automatically renew unless canceled before the renewal date. The renewal fee will be charged to the original payment method. If there are billing discrepancies, customers must notify SCAPEGEAR within sixty (60) days of the charge. SCAPEGEAR reserves the right to terminate subscriptions for payment failures or policy violations, effective upon thirty (30) days' written notice.

Auto-Renewals Your subscription will automatically renew at the end of each billing period unless canceled prior to the renewal date. By subscribing, you authorize SCAPEGEAR to charge your payment method for the renewal fee at the then-current rate. We will attempt to notify you of any price changes before renewal. If payment cannot be processed, your subscription may be suspended or canceled at SCAPEGEAR’s discretion. Failure to cancel before the renewal date will result in automatic charges.

Cancellation You may cancel your subscription at any time by contacting support@scapegear.com or by managing your plan through your account page. To avoid being charged for the next renewal period, cancellations must be made before the billing cycle renews. SCAPEGEAR does not provide refunds for partial subscription periods. If you cancel after your subscription has renewed, you will continue to receive subscription benefits until the end of the current billing cycle. Subscriptions will automatically renew unless canceled before the renewal date. The renewal fee will be charged to the original payment method. If there are billing discrepancies, customers must notify SCAPEGEAR within sixty (60) days of the charge. SCAPEGEAR reserves the right to terminate subscriptions for payment failures or policy violations, effective upon thirty (30) days' written notice.

Free Trials

At the end of the trial period, unless canceled, the subscription converts to a paid subscription. Customers can cancel before the trial ends to avoid charges.

9. Use of the Site and Prohibited Uses

By accessing the Site, you agree not to:

  • Use the Site for any unlawful purpose or solicit others to engage in unlawful activities.

  • Violate any international, federal, provincial, or state regulations, laws, or local ordinances.

  • Infringe upon or violate SCAPEGEAR’s intellectual property rights or the intellectual property rights of others.

  • Engage in fraudulent, deceptive, or misleading conduct.

  • Harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

  • Submit false or misleading information or impersonate another person or entity.

  • Upload or transmit viruses, malware, or any other type of malicious code that may affect the functionality or operation of the Site, any related website, or the Internet.

  • Interfere with or circumvent the security features of the Site or any related website, including hacking, data mining, or scraping.

  • Collect or track the personal information of others without proper authorization.

  • Spam, phish, pharm, pretext, spider, crawl, or scrape data from the Site.

  • Engage in any obscene, offensive, or immoral activity.

  • Resell, redistribute, or commercially exploit any content from the Site without prior written authorization from SCAPEGEAR.

SCAPEGEAR reserves the right to terminate your use of the Site and take legal action against you if you violate any of these prohibited uses. Additionally, SCAPEGEAR may report any unlawful activity to the appropriate legal authorities. You may not use the Site for unlawful purposes, solicit illegal acts, violate regulations, or infringe upon SCAPEGEAR’s intellectual property. Unauthorized copying, reproduction, distribution, or exploitation of content may result in legal action.

10. Account Creation and Termination

By creating an account, you confirm that all provided information is accurate. SCAPEGEAR reserves the right to terminate accounts without notice if false information is detected or Terms are violated.

11. Privacy Policy

Your personal information is protected as outlined in our Privacy Policy

12. Intellectual Property Rights

All content, including product pricing, is protected under intellectual property laws. Unauthorized use of SCAPEGEAR’s trademarks, trade dress, or copyrighted material is prohibited and may result in legal action.

13. Submissions

Any material submitted to SCAPEGEAR becomes SCAPEGEAR’s sole property and may be used without compensation.

14. Third-Party Links and Optional Tools

SCAPEGEAR is not responsible for third-party websites linked from the Site. We may provide access to third-party tools over which we have no control. Your use of these tools is at your own risk.

15. Limitation of Liability

SCAPEGEAR and its affiliates, officers, employees, agents, or partners shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, data, or use, resulting from:

  • Your use of or inability to use the Site, including any errors, interruptions, or delays.

  • The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or transactions entered into through the Site.

  • Unauthorized access to or alteration of your transmissions, data, or confidential information.

  • Statements, conduct, or actions of any third party on the Site.

  • Any other matter relating to the Site, including but not limited to reliance on any information obtained from SCAPEGEAR.

These limitations apply even if SCAPEGEAR has been advised of the possibility of such damages and regardless of the legal theory under which liability is asserted. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of these limitations may not apply to you.

For New Jersey residents, nothing in this section limits your ability to recover damages or attorneys’ fees where mandated by statute. SCAPEGEAR shall not be liable for: 

A. The use or inability to use the website. 

B. The cost of substitute products. 

C. Unauthorized access to your transmissions or data. 

D. Statements by third parties on the Site. 

E. Any other matter related to the Site. For New Jersey residents, certain limitations may not apply.

16. Indemnification

You agree to indemnify, defend, and hold harmless SCAPEGEAR and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney’s fees) arising from:

  • Content you submit, post, transmit, or otherwise make available through the Site.

  • Your use of or inability to use the Site.

  • Your violation of these Terms.

  • Your violation of any rights of a third party, including but not limited to intellectual property rights.

  • Any prohibited activity as outlined in these Terms.

SCAPEGEAR reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate in asserting any available defenses.

17. Severability

If any provision of these Terms is deemed unlawful, the remaining provisions shall still be enforceable.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Laramie County, Wyoming. Any claims must commence within one (1) year from the date the claim arises. Failure to initiate a claim within this timeframe shall result in the claim being permanently barred. These Terms shall be governed by the laws of Wyoming, USA. Any claims must commence within one (1) year from the date the claim arises.

Addendum:
For clarity, if a legal dispute arises, SCAPEGEAR reserves the right to pursue resolution under the appropriate jurisdiction, and both parties agree to arbitration or mediation where applicable.

19. Arbitration & Class Action Waiver

To ensure efficient resolution of disputes, SCAPEGEAR requires that most disputes be resolved through binding arbitration rather than litigation in court. This section explains your rights and obligations regarding arbitration and class action waivers.

  • Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including but not limited to the breach, termination, enforcement, interpretation, or validity thereof, shall be settled through final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures.

  • Opt-Out Option: You may opt out of arbitration within thirty (30) days of the dispute arising by submitting a written request to support@scapegear.com with "Arbitration Opt-Out" in the subject line. The request must include your full name, contact information, and a clear statement that you wish to opt out of arbitration.

  • Arbitration Process: The arbitration will take place in Laramie County, Wyoming, or at another mutually agreed location. The arbitration shall be conducted by a single neutral arbitrator and governed by the Federal Arbitration Act.

  • Class Action Waiver: You agree that any arbitration shall be conducted only in your individual capacity and not as a class action, collective action, or other representative proceeding. You waive any right to participate in a class, collective, or representative lawsuit.

  • Exceptions to Arbitration: SCAPEGEAR retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent intellectual property infringement or misuse of SCAPEGEAR’s services.

  • Cost of Arbitration: Each party will bear their own costs, including legal fees, unless otherwise determined by the arbitrator in accordance with the applicable rules.

By agreeing to these Terms, you acknowledge and agree that you are waiving the right to a trial by jury or to participate in a class action lawsuit. Disputes must be resolved through arbitration. You may opt out within 30 days from the time of the dispute by contacting support@scapegear.com. Arbitration shall be binding and administered by JAMS.

20. DMCA Notice

If you believe that your copyrighted work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may submit a DMCA Notice to:

SCAPEGEAR GROUP, LLC 1603 Capitol Avenue, Suite 413A, No 2932, 4205, Cheyenne, Wyoming 82001 Email: support@scapegear.com

Your notice must include the following: If you believe that your copyrighted work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may submit a DMCA Notice to support@scapegear.com. Your notice must include the following:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

  • A description of the copyrighted work that you claim has been infringed.

  • A description of where the material that you claim is infringing is located on the Site (a specific URL or other identifying details).

  • Your contact information, including your name, mailing address, telephone number, and email 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 information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SCAPEGEAR will review all DMCA notices and take appropriate action, including removing the infringing content or disabling access to it as required by law. To report copyright infringement, submit a DMCA Notice to support@scapegear.com, including all required information.

21. Note to California Residents

Under California Civil Code §§ 1789.3 and 1798.83, California users of this Site are entitled to specific consumer rights information. If you have a complaint regarding this Site or require further information, you may contact SCAPEGEAR at:

SCAPEGEAR GROUP, LLC [Insert Physical Address Here] Email: support@scapegear.com

Additionally, California residents may contact:

California Department of Consumer Affairs 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 Phone: (800) 952-5210 For consumer rights inquiries, California residents may contact: California Department of Consumer Affairs 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 Phone: (800) 952-5210

22. Updates to These Terms

SCAPEGEAR may modify these Terms periodically. Clients must keep their contact details updated. If clients disagree with changes, they must discontinue use before the new Terms take effect.

23. Force Majeure

SCAPEGEAR shall not be held liable for any failure to perform due to circumstances beyond our control, including but not limited to natural disasters, government actions, pandemics, strikes, wars, or supply chain disruptions.

For any questions, please contact support@scapegear.com.