Terms & Conditions

Conditions of Use

Welcome to WalletGear.com! This Terms of Use Agreement (this “Agreement”) applies to any and all websites, apps, and online services associated with Lamood Corporation and its affiliate subsidiaries and brands, including WalletGear, Lamood Big Hats, Hardy Made in USA (referred to herein as “Company,” “we,” “us,” “our,” or "Site") and all affiliated domains that link to this Agreement, through any related mobile application, through computerized devices, data collection forms, and through any location where this Agreement is posted. WalletGear (a Lamood Corporation company) provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement, including our Privacy Policy. The term “you” refers to anyone who uses, visits and/or views the website. We reserve the right to revise these conditions at any time. When we make changes they will be posted here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified conditions. If you do not agree to these conditions, you must not use or access our Site.

We do our best to ensure that information on the Site is complete, accurate, and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change and any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Site. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Company reserves the right to refuse service, terminate accounts, terminate your rights to use Company Services, remove or edit content, or cancel orders in its sole discretion. In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this agreement by this reference.

Disclaimer of Liability

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges the service is not liable for the defamatory, offensive or illegal conduct of customers or third parties and that the risk of injury form the foregoing rests entirely with the customers. Neither the service nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the service or inability to gain access to or use the service or out of any breach of any warranty. We shall not be liable for any damages resulting from any errors or omissions on the Site, delay or denial of any products or services, failure of any kind of performance, interruption in the use of the website, Customer hereby acknowledges that the provision for this section shall apply to all content on the service and products. You (and not Lamood Corporation) assume the entire cost of all necessary servicing, repair, or correction.

Links to Other Websites

The Site may contain links to third-party websites that are not under the Company's control. Company makes no claim and accepts no responsibility regarding the quality, nature or reliability of the third-party websites that are accessible by hyperlinks from the sites or link to the sites. Links are provided to you as a convenience and the inclusion of any link does not imply endorsement by Company of third-party websites or any association with the operators of third-party websites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Eligibility

You must be 18 years of age or older to visit or use the Company services in any manner. By visiting the Company services or accepting the Terms, you represent and warrant to Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these terms. You also represent and warrant to Company that you will use the services in a manner consistent with any and all applicable laws and regulations.

Copyrights

Permission to use, copy, and distribute documents delivered from this site is forbidden without written consent from a WalletGear™ representative. The names and logos of Company, its divisions, or its subsidiaries may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The copyrights of all material provided on this website are held by Company or by their respective owners. All content, logos, graphics, photo images, and designs found on this website are the property of Lamood Corporation and may be subject to the protection of U.S. and international copyright and trademark law. Any use of this information for any purpose, in any form or by any means without written permission from Company is strictly prohibited.

Trademarks

WalletGear is a trademark.

Errors, Omissions, and Changes

While Company makes every effort to ensure the accuracy of materials presented, the user is warned that this service could include typographical errors and/or technical inaccuracies. Company reserves the right to make improvements and/or changes in the products described on the website at any time. Contact us with questions or problems.

Dispute Clause

You expressly waive your right to bring legal claims, now or in the future appear out of or related to the Site and our products/service. Any dispute relating to any activity on WalletGear or Lamood Corporation Site or the purchase of any Company products shall be submitted to confidential arbitration in Hamilton County, Indiana, United States, unless you have in some way threatened or violated Company's intellectual property rights, whereby Company may seek an injunctive. Please note the arbitration provision set forth requiring you to arbitrate any claims you may have against Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services.

Except where and to the extent prohibited by law by using the Site, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 45 days in which to respond to, fix, or settle the Dispute. Notice shall be sent: Lamood Corporation | 3831 Pelham Rd | Carmel, IN | 46074 and to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you.

Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.

Indemnification

You agree to defend, indemnify, and hold Company, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right also , in whole or in part, from: omissions or actions, whether done negligently or otherwise, by you, your directors, officers, agents, employees or representatives, all your actions and use of the website including purchasing products and services, violation of any rules, laws, regulations or ordinances by you, or violation of any terms and conditions of this website by you or anyone related to you, or infringement by you or any other user of your account of any intellectual property or other rights of anyone.

Content and Review Standards

Company encourages customers to submit product reviews, comments, photos and feedback to our website. By submitting a review to our website, you hereby grant Company a perpetual, fully paid, royal-free, worldwide right to license and use, transfer, reproduce, distribute, and make available such review content on our Site and our marketing materials. Any reviews you submit to Company must abide by our rules. No profanity, obscene or offensive language. Cannot be defamatory, libelous, unlawful, harmful, obscene or as determined by Company. Cannot contain advertising or promote goods or services to other websites. Company reserves the right to remove, edit, or modify reviews for any reason with or without notice.

Any and all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Company on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain Company property. You agree to, assign, and transfer to Lamood Corporation all rights in and derived from the Submissions that you may have including without limitation, all ownership of and rights to use, sell and commercialize the intellectual property and the right to file applications to register such rights. Company is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any user Comments.

By making any Submission to the Site, you agree that such Submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Company a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Company products in any medium. You agree to indemnity and hold harmless Company and its affiliates and their respective officers, directors and employees against any losses, liabilities, claims and expenses (including attorneys’ fees) arising out of your account, your use this Site, your Submission and any Personal Rights contained therein.

You further agree that your Submission to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submission you submit. You agree that Company may use and/or disclose information in your Submission consistent with the terms of the Privacy Policy. We share reviews as information to you and does not serve as a guarantee or promise of any kind for your results and/or success.

Promotions

WalletGear may offer promotions from time to time in its sole discretion. The terms and conditions of each promotion will be clearly set out in the relevant offer. WalletGear reserves all rights to vary, end or withdraw a promotion at any time, subject to applicable consumer laws. Where a promotion is time limited, the time requirements will be strictly applied; no rainchecks or exceptions. Where a promotion is only offered to certain eligible customers, WalletGear reserves the right not to honor the promotion if, acting reasonably, determining that a purchaser is accessing a promotion via a third party (whether or not that third party received the promotion directly from WalletGear). Unless otherwise provided by the terms of the specific promotion, the promotion will apply to all products that are in stock on walletgear.com at the time of purchase. Promotion details may vary as between currencies and/or countries of purchase. Only one promotion or discount can be used at a time. Promotions are void where prohibited by law. All products purchased during a promotion are sold subject to WalletGear’s standard warranty. Our usual refund, exchange and shipping provisions will apply. Promotions are not valid on the purchase of gift cards. Unauthorized third-party website promotions that are not sanctioned by us will not be accepted. Throughout the site you have the opportunity to sign up or opt in to receive our email marketing communications. You may unsubscribe from these emails at any time. In order to unsubscribe form our marketing emails you must click one of "Unsubscribe" link in footer or contact us.

Site Transactions

We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.

Currency and Pricing

All transactions are processed in the currency shown on the product and checkout pages.

Shipping and Delivery

WalletGear delivers around the world. Shipping rates and delivery times are calculated at checkout, and vary based on location and shipping method. While the vast majority of our orders arrive on time, once in a while an order may be delayed for reasons outside our control. All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. If you have any questions, don’t hesitate to contact us.

WalletGear is committed to ensuring that your privacy of your personal information is protected. Your acceptance of our Privacy Policy is expressly incorporated into these Terms & Conditions. You may review our Privacy Policy for further information.

Refund & Exchange Policy

Your acceptance of our Refund Policy is expressly incorporated into these Terms and Conditions. Please review the Refund Policy for more information.

Mobile Terms of Service

The WalletGear mobile message service (the "Service") is operated by WalletGear (“WalletGear”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to WalletGear’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of WalletGear through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with WalletGear. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18449162712 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other WalletGear mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18449162712 or contact us.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

MISCELLANEOUS LEGAL PROVISIONS

Company may discontinue the Site at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the Site at any time for any reason, without notice.

Company reserves the right to update and/or change the terms of this Agreement. In some cases, we may send an email notifying registered users of upcoming changes. Your continued use of the Site after any changes or revisions to this Agreement become effective shall indicate your agreement with the terms of such revised and then-current Agreement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement constitutes the entire and final agreement regarding the Site and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the Site and their contents.

All rights not expressly granted herein are hereby reserved to Company.

Questions

If you have any concerns about material which appears on the Site or these Terms of Use, please contact us or by writing to:

WalletGear
C/O Customer Service
3831 Pelham Rd
Carmel, IN 46074