Terms & Privacy

Cyclops Gear cyclopsgear.com is the operator and host of the http://www.cyclopsgear.com eCommerce website (the “Site”). This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the Site and our privacy policy (the “Policy”). The Terms and Conditions and Policy apply only to this Site and do not apply to websites that are linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the home pages of such websites. The Terms and Conditions and Policy are subject to change at any time by us by posting them on the Site. It is your obligation to review the Terms and Conditions and Policy from time to time. Any changes to the Terms and Conditions or Policy will be effective immediately upon posting to the Site.

Your use of the Site indicates your acceptance of these Terms and Conditions and the Policy. If you do not accept these Terms and Conditions or the Policy, you may not use the Site. Your continued use of the Site will constitute your agreement to the most current version of these Terms and Conditions and the Policy. If at any time you do not agree to these Terms and Conditions or the Policy, you must cease your use of this Site. If after reviewing the Terms and Conditions and Policy you have any questions or concerns regarding the contents thereof, please contact us by sending an eMail to cyclopsgear@customer.email or by calling 800-318-8833.

DELIVERY

WE ARE PLEASED TO OFFER FREE GROUND SHIPPING FOR ALL CONSUMER ORDERS WITHIN THE UNITED STATES.

FREE SHIPPING DOES NOT APPLY TO INTERNATIONAL, COMMERCIAL OR CORPORATE ORDERS.

Depending on the location where your order will be delivered, additional expedited shipping methods may be available. Shipping rates will be calculated with either table rate or real-time rates from available carriers such as USPS, UPS, and FedEx. At checkout, you will be prompted to choose a shipping method for your order.

Shipping costs are based on the shipping method you choose, as well as the weight and destination where the order will be shipped. Your total shipping charges will automatically compute during checkout prior to the completion of your order.

Your order must be received with successful payment authorization by 3:00 PM MT (Mountain Time) or your order may not be shipped until the following business day.

Orders are shipped on business days Monday–Friday, excluding Sunday and holidays.

For all orders, you will receive an email confirming your order immediately after a successful order is placed, and a second notifying you of the tracking information once the order leaves our Order Fulfillment Center.

Once your tracking number has been created, your order is no longer eligible for modification.

SIGNATURE REQUIRED:

A customer signature is required for all shipments over $100. Additionally, all Overnight/Express deliveries require a signature.

ITEMS OUT OF STOCK:

Please note that items are not guaranteed to be in-stock. If we are unable to complete your order, you will be notified via email as soon as possible, generally within 2-4 business days.

WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN PACKAGES OR PACKAGES DELAYED IN TRANSIT. IF THIS OCCURS, PLEASE FILE A CLAIM WITH THE UNITED STATES POSTAL INSPECTION SERVICE. STOLEN USPS SHIPMENTS CONSTITUTE A FEDERAL CRIME AND ARE INVESTIGATED BY THE UNITED STATES POSTAL INSPECTOR. THIS IS A SERIOUS OFFENSE AND WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

TRACKING YOUR ORDER

For all orders, you will receive an email confirming your order immediately after a successful order is placed, and a second notifying you of the tracking information once the order leaves our Order Fulfillment Center. To track your order, please visit https://tools.usps.com/go/TrackConfirmAction_input or follow the tracking link found in your order shipment confirmation email. Once your tracking number has been sent, your order is no longer eligible for modification.

INTERNATIONAL SHIPPING

We currently ship globally. International shipments will utilize real-time or table rates from available carriers such as USPS, UPS, FedEx, or DHL.

FREE SHIPPING IS NOT VALID ON INTERNATIONAL SHIPMENTS

Any and all fees or costs levied by any foreign government, without limitation, are the responsibility of you, our customer. Cyclops Gear is not responsible for customs, duties, tariffs, taxes, import fees or any other fees associated with your order.

RETURNS

If you are not delighted with your purchase, return the item(s) in its original condition within 30 days of receipt. All purchases must through the website must be returned to the Utah warehouse address. Additionally, we do not accept returns for other retail outlets or websites. If you would like to process a return purchased from a retailer, please return the items to the store or retailer you purchased the items from. Store returns must follow that store’s return policy. Additionally, Cyclops Gear online cannot accept returns for items purchased at Cyclops Gear retail stores andCyclops Gear retail stores cannot accept returns for items purchased online.

To receive a refund based on the purchase price of the item(s) and back to the original form of payment:

  • All merchandise must be returned within 30 days of the original purchase date.
  • The merchandise must be unused, all tags must be attached and there should be no visible signs of wear.
  • Returns based on preference (personal desire to return item) will be at your expense. For such returns, a shipping label will not be provided

We will be responsible for product defects or if an incorrect product was shipped to you, and you will receive a return shipping label. Items must be returned with the original packaging and in original condition. Any items returned to us without the original packaging and/or in used or unacceptable condition will be refused and returned.

We are not responsible for re-shipping costs if the package is returned to our Order Fulfillment Center due to multiple failed delivery attempts by the shipping carrier or if customer refused to accept the package. Only a store credit for the refused items will be issued and we will reserve the right to deduct any related return fee imposed by the shipping carrier.

CYCLOPSGEAR.COM reserves the right to determine eligibility for refunds, and to update this policy at any time without notice.

*FINAL SALE ITEMS*

Items marked as final sale are not returnable.

RETURN PROCEDURE

  • Please send your return using a trackable method with the carrier of your choice. We recommend that you also insure your shipment.
  • Keep a record of the return tracking number for future reference.
  • Include a note with your return order stating why you are returning the merchandise, including your name, order number, and how to process the return, i.e., exchange, refund to your payment method or store credit.
  • You may use the original shipment packaging, however, be sure to black out or cover any additional shipping label(s) that may be on your return package.

*NOTE: we suggest using a trackable shipping method since we cannot be responsible for packages lost in transit

Please send your return to the following address:

CYCLOPS GEAR

3130 W California Avenue, Ste C

Salt Lake City, UT 84104-4609

EXCHANGES

If you placed an order with Cyclops Gear and would like to exchange an item for another size or color, or a different item within the designated return / exchange period, please return it as specified above with a note indicating what you would like in exchange. We will be happy to ship the desired items, and you’ll be responsible for any difference in price between items returned and desired items. If the cost of the order is greater than the items you have returned, we reserve the right to charge your original payment method for the price difference.

TERMS & CONDITIONS OF USE

These Terms and Conditions govern your use of the Site and the information and services made available on and through the Site.

I. TERMINATION OF ACCESS

The use of this Site and its services is a privilege. We reserve the right to suspend your use of this Site for any reason at any time, in our sole discretion.

II. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

“Content” includes all Text, Graphics, Design and Programming used on the Site.

“Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.

“Graphics” includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

“Design” includes the color combinations and the page layout of the Site.

“Programming” includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Site.

“User” refers to any individual who uses any aspect of the Site or its services.

“You” refers to the person accessing the Site and agreeing to these Terms and Conditions.

III. INTELLECTUAL PROPERTY RIGHTS

All Contents on the Site is the sole property of Cyclops Gear or its respective owners, or licensors as indicated, and is protected by U.S. copyright and international treaties. We authorize you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics.

The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Cyclops Gear or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.

IV. ACCEPTABLE USE OF THE SITE

The Site and its services are intended to facilitate the offering for sale of clothing and products of third parties. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Site is also subject to the following restrictions:

  1. You may not send unsolicited commercial eMail to Users. In addition, spam, chain eMails, advertising solicitations and similar eMail solicitations are expressly prohibi
  2. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions.
  3. You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.

V. LIMITATIONS ON INFORMATION SUBMITTED

Any submission of information to us through the Site is subject to the following guidelines and restrictions:

  1. It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact our Sales department);
  2. It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material);
  3. It may not contain trade secrets (unless you own them or have the owner’s permission to post them);
  4. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
  5. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
  6. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
  7. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
  8. You may not solicit money, investments or make any offering of securities or investments;
  9. You may not submit chain letters or pyramid schemes;
  10. You may not submit opinions or notices, commercial or otherwise;

VI. MONITORING OF INFORMATION

We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to the Site for any reason whatsoever.

VII. RIGHTS TO INFORMATION

User hereby grants to us an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you, subject to ourPrivacy Policy.

VIII. SECURITY RULES

To ensure the security of the Site and of Users, the following security rules govern your use:

A. PROTECT YOUR PASSWORD

You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.

B. PROHIBITED USES:

(i) Accessing data not intended for you or logging into a server or account which the you are not authorized to access;

(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”;

(iv) Sending unsolicited eMail, including promotions and/or advertising of products or services;

(v) Forging any TCP/IP packet header or any part of the header information in any eMail or newsgroup posting.

Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

IX. TERMINATION OF ACCESS TO THE SITE

Users who violate these Terms and Conditions may be denied access to the Site at our sole discretion.

X. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:

A. CONDUCT OF USERS

We assume no responsibility for the activities or conduct of Users.

B. THIRD PARTY INFORMATION

The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk. We do not warranty any products purchased through the Site or purchased in reliance on information obtained from the Site. Warranties on purchased products, if any, are provided by the product’s manufacturer.

C. ACCURACY OF INFORMATION

We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.

D. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

E. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.

PRIVACY POLICY

Your privacy is important to us. Our Privacy Policy describes the types of information we gather, how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information, our efforts to protect the information and how you can correct any inaccuracies in the information you provide to us. If our information retention practices change, we will let you know by posting the Privacy Policy adjustments on our Sites. In addition, if we would like to use your personally identifiable information in a manner different from that stated in the Privacy Policy at the time of collection, we will notify you via eMail. At that time we will remind you that you always have the opportunity to opt out of any new use of your personal information.

USE OF INFORMATION

We gather certain types of information in an effort to communicate with you about our products, services, promotions and contests. We and our affiliates and partners may also use this information to make offers to you, help us develop and improve our Sites and tailor our Sites to meet your interests. By registering on our Site and completing forms to receive newsletters and eMails, you are hereby expressly consenting to receiving newsletters and eMails from us, our business affiliates, and our business partners concerning promotions, products and services or other marketing materials.

INFORMATION COLLECTED

We collect two types of information about users: personal information (such as name, eMail address, mailing address and phone number) and aggregate information (such as information about how many users log on to our sites on a daily basis).

PERSONAL INFORMATION COLLECTED

Personal information is collected when you voluntarily register with us to receive electronic newsletters, use community and communication services, answer surveys, and enter contests and other promotional opportunities provided by us. We also maintain a record of your product interests and purchases. We may receive personal usage and demographic information from our affiliates and from third parties.

AGGREGATE INFORMATION COLLECTED

Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently, or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit our Sites who are twenty-five (25) years of age is aggregate information that does not personally identify a specific user. Tracking Internet Protocol (IP) addresses is one method of collecting aggregate information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the World Wide Web.

SHARING INFORMATION COLLECTED WITH THIRD PARTIES, CONSULTANTS, AND AFFILIATES

We do not share, sell or trade your personal information with third parties, and we do not contribute to or participate in cooperative databases, which give other companies access to such personal information, unless:

(i) You have been given an opportunity to “opt-in” and have agreed to so opt-in to such disclosure of your information;

(ii) We must share your information in order to provide a product or service that you have ordered or requested, in which case we will require that any third person or entity we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request; or

(iii) We are required to respond to subpoena, court orders or other requirement of law which requires disclosure of your information.

As indicated above, we may share the specific personal information you give to us with consultants and with corporate affiliates, business partners, including other Cyclops Gear companies, both for business purposes and for advertising and promotional purposes. In addition, we may share aggregate information with our affiliates and consultants and with third parties both for business purposes and advertising and promotional purposes.

LINKS

This Site may contain links to other websites. We attempt to link to websites that share our high standards and respect for privacy. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site, and visit another website, they should read the privacy statements of websites that collect personally identifiable information. Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through this Site. This privacy statement applies solely to information collected by this Site.

USE OF COOKIES

A cookie is a small data file that websites, when you visit them, often store on your hard drive. A cookie may contain information (such as a unique user ID) that is used to track the pages of the sites you’ve visited. We may use cookies to make your experience more enjoyable in a number of ways.

We may also use cookies to measure activity on our sites, which allows us to determine which areas and features of our sites are most popular. This information allows us to make improvements and updates to enhance your Site experience. Parts of our sites, such as members-only areas may not function if you do not have cookies enabled.

You can refuse cookies by turning them off on your browser. If you turn off cookies, though, you may not be able to use certain existing or future features of our sites.

SECURITY AND SSL

Protecting your information is a priority for us, and therefore we employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. We use the industry-standard Secure Sockets Layer (SSL) technology to protect the security of your online information. The SSL technology encrypts any information you enter on our accounts setup page before being transmitted to our server. You can safely enter your credit card and personal registration information and it cannot be read in transit to our server. We also employ many security procedures to protect your information from unauthorized access by users inside and outside the company.

Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

WHAT CAN YOU DO TO PROTECT YOUR INFORMATION?

(i) Use only secure websites when disclosing your information. Secure pages begin with “https”.

(ii) Avoid using easy to figure out access and personal ID (PIN) codes.

(iii) Never respond to unsolicited requests for your social security number or financial information.

(iv) Do not disclose your passwords to the Site or your account information to any other person.

(v) Be sure to sign off when finished using a shared computer.

To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you use an unbroken key or closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL (Universal Resource Locator) line of your browser. When accessing a secure server, the first characters of the site address will change from “http” to “https”.

Some versions of browsers and some firewalls don’t permit communication through secure servers. In that case, you won’t be able to connect to the server.

EMAIL AND ELECTRONIC NEWSLETTERS

We may offer electronic newsletters and eMails concerning promotions, new products and services, or other marketing materials as a service to our users. You will only receive newsletters and eMails concerning promotions and marketing of our or our business partners and affiliates’ products and services if you agree to “opt-in” during registration or directly choose to receive newsletter or eMail from our newsletter sign-up form. If, after you have opted-in or chosen to receive newsletter or eMail, you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and eMail. If you do not want your personal information used as otherwise detailed in this Privacy Policy, then you must not use this Site.

CORRECTIONS TO PERSONAL INFORMATION AND INFORMATION REMOVAL

After you have registered for membership and chosen to receive newsletters and eMails, you may review, revise or request removal of your account information at any time. Please click here for access to your user profile and removal of your account, and remove the check from the subscribed option box, or alternatively send an eMail to cyclopsgear@customer.email or call us toll-free at 1-855-692-7427. Please note that such requests or changes may take up to six to eight weeks to become effective.

CHILDREN AND PRIVACY

We are concerned about the safety of children when they use the World Wide Web. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We will never knowingly request personally identifiable information from anyone under the age of 18 without prior verifiable parental consent. If we become aware that a customer is under the age of 18 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 18 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the eMail address or telephone number listed above and we will remove such information from our database.

Information posted to message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information. Users under the age of 18 should be particularly careful not to provide any personally identifying information while using chat rooms or message boards. Users of chat areas and message boards must follow acceptable standards of behavior when posting messages online. We reserve the right to, but are not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate. If you are concerned about your children’s use of the Site, you may use web filtering technology to supervise or limit access to the Site.

ADDITIONAL INFORMATION

No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. By choosing to visit our websites and to provide information to us, you agree that any dispute arising out of such decision will be subject to and governed by the laws of the state of Utah.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR AFFILIATES OR BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR DECISION TO PROVIDE INFORMATION VIA OUR WEBSITES. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.

If any provision of the Terms and Conditions or Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Our failure to enforce any term or condition of the Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.

CONTACT INFORMATION

If you have any questions or suggestions regarding our Privacy Policy, please contact us at 800-318-8833 or eMail cyclopsgear@customer.email.