Terms and Conditions
Phantom Gear, LLC Products Liability Disclaimer
By purchasing this Phantom Gear, LLC product you are acknowledging that you understand and unequivocally agreeing to all of the following terms, limitations, waivers and conditions set forth below:
You as the purchaser of this Phantom Gear, LLC product are solely and independently responsible for knowing and complying with your specific state laws and all federal laws regarding the carrying of a firearm. If you are the purchaser and you transfer, gift or anyway give this Phantom Gear, LLC product to another person or entity, you agree to be solely and independently responsible for ensuring the individual or entity you transfer this Phantom Gear, LLC product to is knowledgeable and in compliance with any specific state laws and all federal laws regarding carrying a firearm. As the purchaser of this Phantom Gear, LLC product, you acknowledge and agree to provide the end user of this Phantom Gear, LLC product a copy of this disclaimer and waiver of liability simultaneously upon transfer of this Phantom Gear, LLC product. You, as the purchaser and/or end user of this Phantom Gear, LLC product, acknowledge and agree that Phantom Gear, LLC SHALL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY LEGAL ISSUES, OF ANY KIND, WHICH MAY ARISE FROM THE POSSESSION OR USE OF THIS PHANTOM GEAR, LLC PRODUCT. This waiver of liability SHALL include but NOT be limited to firearm reciprocity, transporting, loaded and unloaded firearm carrying, along with open and concealed firearm carrying laws. It is strongly suggested and recommended you have a state issued firearm's license from your state or other proper, valid and legal authorization to carry a firearm. Additionally, you as the purchaser or end user SHALL have your own independent acknowledgment, confirmation and understanding of the federal and state laws which are applicable. If you are unsure or have questions regarding your individual ability to own or carry a firearm, the laws associated with such ownership or carrying of a firearm or these terms, conditions and waiver of liability, consult your own independent attorney for legal advice.
Phantom Gear, LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY OF ANY KIND.
Phantom Gear, LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTENTIONAL OR ACCIDENTAL DEATH WHICH MAY OCCURR FROM THE USE OF THIS PHANTOM GEAR, LLC PRODUCT.
The user of any Phantom Gear, LLC product acknowledges and agrees that he/she SHALL be solely and independently responsible and liable for any and all intentional, accidental or negligent injury or death which may occur from the use of this Phantom Gear, LLC product. This agreement and acceptance of sole and independent liability SHALL exist upon the end user regardless of any improper handling or use of a firearm in conjunction with this Phantom Gear, LLC product. It is strongly recommend NOT using this Phantom Gear, LLC product if your vehicle has airbags or other safety restraining devices located in close proximity to where the Phantom Gear, LLC
product is to be mounted and located in your vehicle. The individual or entity user of any Phantom Gear, LLC product SHALL assume any and all risks, liability and responsibility for issues associated with mounting and locating the Phantom Gear, LLC product within a vehicle. Phantom Gear, LLC SHALL NOT assume in any way, take any responsibility or accept any liability associated with anyone’s purchase of Phantom Gear, LLC’s product. This SHALL include but not be limited to how anyone may or may not use proper, safe or responsible gun control measures. THE USE OF PHANTOM GEAR, LLC’s PRODUCTS ARE AT THE USER’S SOLE AND OWN RISK!
Phantom Gear, LLC is proud of the quality and detail that goes into each holster manufactured. While confident that Phantom Gear, LLC customers are receiving top of the line products, it is an undeniable fact that firearms are inherently dangerous, and their use can cause serious injury/death and/or property damage. Therefore, you, as the user, are solely and exclusively responsible along with being independently liable for any and all dangerous condition which may exist, including but not limited to the possession and/or use of a firearm, as you use Phantom Gear, LLC’s products. This limitation of liability SHALL include but not be limited to any and all injury, property damage or death regardless of whether such act is accidental, negligent, intentional or reckless.
The detailed design of your Phantom Gear, LLC product requires proper installation. Phantom Gear, LLC SHALL not be liable or responsible for any injury, property damage or death; whether through accident, negligence or intentional act; due to improper, negligent, careless or reckless installation of Phantom Gear, LLC’s products. It is each individual user’s responsibility to ensure the product is properly and safely secured to the user’s comfort. It is highly recommended that you should NEVER AT ANYTIME place a loaded handgun into your Phantom Gear, LLC product without first checking and verifying the gun’s fit is proper while the handgun is unloaded (double check to make sure that the chamber is empty).
The use of any alterations or change of dimensions, of any kind, however slight, to the firearm may result in improper fit or improper hold of the firearm. Such alteration or change in dimension may result in or cause negligent or accidental discharge of the firearm due to firearm being improperly placed in the Phantom Gear, LLC product. Phantom Gear, LLC products are manufactured for most hand guns of different calibers. Do not, in any way alter your holster as this could result in an unsafe fit or hold for your firearm and thus result in possible negligent or accident discharge of your firearm. Phantom Gear, LLC and its owners, members, managers, board members, stock holders and anyone associated with Phantom Gear, LLC SHALL BEAR NO LIABILITY OR RESPONSIBILITY OF ANY KIND for incidents occurring as a result of a holster or firearm which has been altered or modified in anyway.
Phantom Gear, LLC holsters are manufactured in an effort to fit the most current model firearms. However, manufacturers of firearms constantly update their product specifications. Even the slightest manufacturing change in a handgun can affect the proper and safe fit of your firearm in the holster. Phantom Gear, LLC and its owners, members, managers, board members, stock holders and anyone associated with Phantom Gear, LLC SHALL NOT BE RESPONSIBLE for such changes or for typographical or other human errors, which can and do occur despite diligent efforts. Should your Phantom Gear, LLC holster become worn, loose, defective, or ill-fitting at any time, cease use immediately as the holster will no longer be safe to use at this time.
Phantom Gear, LLC accepts no responsibility or liability of any kind, for any accidents, deaths or property damage, whether through accident, negligence or intentional acts due to use of Phantom Gear, LLC’s products. The entire and sole risk associated with the use, installation or as to the quality and performance of Phantom Gear, LLC’s products rest solely and individually with the buyer and/or user.
Any purchaser or user of Phantom Gear, LLC’s products should always abide by the established rules for the safe handling of a firearm or weapon. Such examples of safe handling include but are not limited to: keeping your finger off the trigger until ready to fire, always keep the muzzle of a firearm pointed in a safe direction, only point your firearm at something you are willing to damage and be sure of your target and its backstop before firing the firearm. If a firearm or weapon of any kind will be mounted to a Phantom Gear, LLC’s product, please keep such Phantom Gear, LLC’s product out of the reach of all children. Failure to keep Phantom Gear, LLC’s products out of the reach of children may result in accidents, negligence or intentional acts such as injury or death. Phantom Gear, LLC SHAL NOT BE RESPONSIBLE OR LIABLE for a purchaser’s or user’s failure to abide by safe handling or exposing children to such product. The purchaser or user assumes and accepts full responsibility of this product.
Additionally, never attempt to fire a handgun while it is holstered in your Phantom Gear, LLC holster. Use in this manner could damage the holster, lead to an unintentional discharge, and/or cause serious injury or even death due to such accident, negligence or intentional act. It is the purchaser’s or user’s sole responsibility to safely become familiar with the functions and overall use of the product (Do not attempt to become familiar with the product while your weapon is loaded). Purchasers and users acknowledge and accept full responsibility of this product, its use and any and all acts whether through accident, negligent or intentional acts.
All purchasers and users understand, acknowledge and agree that Phantom Gear, LLC, it’s owners, officers, managers, members, or others associated with Phantom Gear, LLC SHALL NOT BE LIABLE OR RESONSIBLE in any way for the wear on the finish of your firearm from repeated drawing of the weapon.
All purchasers and users understand, acknowledge and agree that Phantom Gear, LLC, it’s owners, officers, managers, members, or others associated with Phantom Gear, LLC SHALL NOT IN ANY WAY BE LIABLE OR RESONSIBLE for any injury or death, whether caused by accident, negligence, intentional or reckless act, resulting from the use of Phantom Gear, LLC’s products.
Due to Phantom Gear, LLC having no control over how its holsters will be used, or who they will be used by following their purchase; Phantom Gear, LLC and its owners, managers, directors and members hereby disclaim any and all liability or responsibility for accidental, negligent or intentional injury or death in addition to any and all incidental or consequential damage to people and/or property resulting from any use of Phantom Gear, LLC products. All purchasers and users understand, agree and acknowledge that their decision to physically possess a firearm, either for recreation or for personal defense, carries the risk and potential for injury and/or death. Such risk of injury and/or death, whether through negligence, accident or intentional act, is the sole
responsibility or the individual purchaser or user. Therefore, it is advised that you seek out and acquire proper training before using a firearm or any firearm related product.
IMPORTANT SAFETY WARNING!
READ PRIOR TO ORDERING
-- THE NEODYMIUM MAGNETS WE SELL ARE VERY STRONG. HANDLING THEM WITH CARE IS NECESSARY TO PREVENT PERSONAL INJURIES, PROPERTY DAMAGE, AND/OR DAMAGE TO THE MAGNET ITSELF.
-- PHANTOM QUICK DRAW MAGNETS ARE BRITTLE; THEY CAN BE BROKEN, CHIPPED, OR CAN SPLINTER IN A COLLISION. DO NOT THROW OR CRUSH YOUR MAGNETS.
-- PHANTOM QUICK DRAW MAGNETS MAY LOSE THEIR MAGNETIC PROPERTIES IF HEATED ABOVE 175°F (80° C).
-- THE STRONG MAGNETIC FIELDS OF PHANTOM QUICK DRAW MAGNETS CAN DAMAGE ITEMS SUCH AS TELEVISION, COMPUTER MONITORS, CREDIT CARDS, BANK CARDS, COMPUTERS, DISKETTES AND OTHER DATA CARRIERS, VIDEO TAPES, MECHANICAL WATCHES, HEARING AIDS, LOUD SPEAKERS AND VCRS. PACE-MAKERS MAY BE DAMAGED OR SWITCH TO "TEST MODE" IN THE PRESENCE OF A STRONG MAGNETIC FORCE, IF A PACE-MAKER IS IN USE, KEEP A MINIMUM OF 3 FEET DISTANCE.
-- UNDER NO CIRCUMSTANCES SHOULD YOU TRY TO CUT, SAW OR DRILL A PHANTOM QUICK DRAW MAGNET! NOT ONLY WOULD THE MAGNET BREAK, BUT THE RESULTING DUST FROM THE MAGNET IS VERY FLAMMABLE.
-- PHANTOM QUICK DRAW MAGNETS SHOULD NEVER BE BURNED, AS BURNING THEM WILL CREATE TOXIC FUMES.
By accepting delivery of your Phantom Holster order you acknowledge and agree to the following conditions: Firearms are dangerous instruments and should be handled only by responsible persons who have completed a certified training course in the safe handling and use of firearms. You, the consumer, assume any and all risk associated with the purchase and use of Phantom Holsters' products. Because Phantom Holsters has no control over how its products will be used, or who such products will be used by after purchase, Phantom Holsters disclaims any and all liability for incidental or consequential damages to person(s) and/or property resulting from the use of any Phantom Holsters' products. You, the consumer, assume all risk of personal injury or death claims as a result of your use of Phantom holster' products. It is your responsibility as the consumer to personally check for holster and handgun compatibility. Although Phantom Holsters makes every effort to construct its products to fit the most current handgun models, manufacturers of handguns constantly update their products. Slight manufacturing changes in a handgun model can affect the proper and safe fit of your handgun and holster. Phantom Holsters will not be responsible for such changes or for typographical or other errors which may occur in the ordering of a holster from Phantom Holsters. In addition, Phantom holsters are designed to fit factory equipped handguns. The use of trigger shoes or grip adapters, laser sights or any other alterations to the frame, or dimensions of the handgun itself, may cause improper holster fit and negligent discharge. Do not alter your holster in any way. An alteration to your holster may result in an unsafe fit for your handgun and possible negligent discharge. Never place a loaded handgun in a holster without first testing holster and handgun compatibility and fit using your handgun in an unloaded condition (double-check to make sure the chamber is empty). For information on how to safely carry your particular handgun, please refer to your handgun manufacturer’s safety and instruction manual. Make certain that your handgun is securely seated in the holster each time you holster your handgun before removing your hand from the grip. A handgun must snugly fit in its holster to guard against accidental separation of the handgun from the holster. Never place your hand in front of the firearm barrel while trying to holster or un-holster your firearm. Keep your finger off the trigger until you are ready to shoot. Keep fingers off the trigger and out of the trigger guard when drawing or replacing the handgun in the holster. Should your holster become worn, loose, defective, or ill-fitting at any time, immediately cease use of your holster and contact Phantom Holsters for warranty coverage instructions. This product contains chemicals known to the state of California to cause cancer and/or birth defects or other reproductive harm.
TERMS OF SERVICE
Phantom Gear, LLC Website Usage Agreement
This website is operated by Phantom Gear LLC. Throughout the site, the terms “we”, “us” and “our” refer to Phantom Gear, LLC, it’s owners, officers, managers, members, directors, or stock holders. Phantom Gear LLC offers this website, including all information, tools and services available from this site to you, the purchaser or user, conditioned upon your unequivocal agreement and acceptance of all terms, conditions, policies, notices, safety warnings, waivers and limitations of liability stated here within.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read each and every one of these Terms of Service carefully before accessing or using our website. The terms of service and your agreement to be bound shall severely limit your rights. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you shall leave the website immediately and you may not access the website or use any services. These Terms of Service are considered an offer to you and your access or use of the website is your acceptance to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your sole and individual responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve, within our own discretion, the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We disclaim all implied warranties of merchantability and use for a particular purpose.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the sole right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address or any other method which we determine is applicable and/or appropriate, in our sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties (express or implied), representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from thirdparties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any thirdparty, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, slanderous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk and that we have no liability of any kind. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, express or implied warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Phantom Gear, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any death; injury; loss; claim; direct, indirect or incidental; punitive; special; or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Furthermore, you agree that by accessing or using this service, you are expressly agreeing to jurisdiction in Texas and venue in Harris County.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Phantom Gear, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21 – DISCLAIMER
You may view Phantom Gear, LLC’s Terms and Conditions, Disclaimers and Waivers of Liability