| Welcome to phantomgrip.com. The phantomgrip.com website was developed for your enjoyment and as an information resource for PHANTOM GRIP products and services. By accessing this web site, you agree to be bound by the terms and conditions of use. If you visit or shop at phantomgrip.com, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future phantomgrip.com service or visit or purchase from any business affiliated with phantomgrip.com, whether or not included in the phantomgrip.com Web site, you will be subject to the guidelines and terms and conditions applicable to such service or business.
Access to and use of the information, products and services available through this site (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions. Please direct any questions to:
Phantom Grip, Inc.
6346-65 Lantana Rd
Lake Worth, FL 33463
Unless expressly provided herein, the Services are licensed to you for your online viewing only. No further reproduction or distribution of the Services is permitted.
PRIVACY
Please review our Privacy Notice, which also governs your visit to phantomgrip.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit phantomgrip.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT, TRADEMARK AND SERVICE-MARK NOTICES
All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of phantomgrip.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of phantomgrip.com and protected by U.S. and international copyright laws. All software used on this site is the property of phantomgrip.com or its software suppliers and protected by United Sates and international copyright laws. Copyright © 2008, Phantom Grip , Inc., All rights reserved.
The PHANTOM GRIP, phantomgrip.com and other marks indicated on our web site are registered trademarks of PHANTOM GRIP, Inc., phantomgrip.com. or its affiliates, in the United States or other countries. These and other PHANTOM GRIP, phantomgrip.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PHANTOM GRIP, PHANTOM GRIP, Inc., phantomgrip.com, or its affiliates. PHANTOM GRIPs trademarks and trade dress may not be used in connection with any product or service that is not PHANTOM GRIPs, PHANTOM GRIP, Incs, phantomgrip.coms, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits phantomgrip.com. All other trademarks not owned by phantomgrip.com or its affiliates that appears in this site are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by phantomgrip.com or its affiliates.
This web site is for your personal use only. You may not modify, copy, distribute, display, reproduce, publish, transmit, license, create derivative works from, transfer or sell any information or services obtained from this web site. However, you may download copyrighted material for their individual and noncommercial use only. PHANTOM GRIP, PHANTOM GRIP , Inc. and other names of PHANTOM GRIP , Inc. products and services are trademarks and/or service marks owned by PHANTOM GRIP , Inc. and may not be used without the prior written consent of PHANTOM GRIP , Inc. Other service or product names referred to throughout this web site may be the trademarks, or service marks of their respective owners.
LICENSE AND SITE ACCESS
PHANTOMGRIP.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of phantomgrip.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of phantomgrip.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of phantomgrip.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing phantomgrip.coms name or trademarks without the express written consent of phantomgrip.com. Any unauthorized use terminates the permission or license granted by phantomgrip.com.
LINKING
No sites may link to the phantomgrip.com Web site without the express prior written permission of PHANTOM GRIP , Inc. Ordinary and automatic terms and conditions for consensual linking shall include, without limitation: (1) our right to demand that the link be removed if we believe, in our sole discretion, that the context of the link is inappropriate, inaccurate or otherwise objectionable, and (2) we determine, in our sole discretion, whether or not we want to be associated, affiliated or connected with another Web site in any manner. Merely because a link may exist on another third-party site to this Web site, whether with or without our knowledge and/or permission, does not mean that PHANTOM GRIP , Inc. approves of, sponsors or is associated with the third-party Web site or its goods or services. Before linking, please submit requests for a link to PHANTOM GRIP , Inc.
RESPONSIBILITY FOR YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. phantomgrip.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use phantomgrip.com only with involvement of a parent or guardian. PHANTOM GRIP Inc., phantomgrip.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
LINKS TO INTERNET WEB SITES MAINTAINED AND OPERATED BY THIRD PARTIES
This web site contains links to Internet web sites maintained and operated by third parties. Neither PHANTOM GRIP , Inc., nor its agents, nor its representatives operate or control in any way any information, products, or services contained on such third party web sites. Links to Internet web sites maintained and operated by third parties are included solely for the benefit of you, and do not constitute any endorsement by PHANTOM GRIP , Inc., its agents or representatives. You expressly assume any and all responsibility related to their use of links to Internet web sites maintained and operated by third parties. In addition, we provide links to the sites of Authorized PHANTOM GRIP Dealers, affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. PHANTOMGRIP.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
INDEMNIFICATION OF PHANTOM GRIP , INC.
As a condition of using this web site, you agree to indemnify and hold harmless PHANTOM GRIP , Inc., its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorneys fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.
COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PHANTOM GRIP , Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PHANTOM GRIP , Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PHANTOM GRIP , Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PHANTOM GRIP , Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PHANTOM GRIP , Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any of your Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. You shall remain solely responsible for the content of any Comments you make.
You agree that PHANTOM GRIP , Inc. may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your personal identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that PHANTOM GRIP , Inc. may use your information for marketing and promotional purposes.
SPECIAL DISCLAIMER RELATING TO PHANTOM GRIP , INC. FORUMS
PHANTOM GRIP , Inc. has created a number of services for you. The PHANTOM GRIP , Inc. Discussion Forums contain information provided by, and links to third parties who are independent from PHANTOM GRIP , Inc. PHANTOM GRIP , Inc. cannot control and cannot edit information provided by these third parties prior to transmission on the PHANTOM GRIP , Inc. Forums, nor can PHANTOM GRIP , Inc. ensure prompt removal of inappropriate or unlawful content after transmission. The information contained on the PHANTOM GRIP , Inc. Forums are not reviewed for truth or accuracy and do not represent the opinions, beliefs, or statements of PHANTOM GRIP , Inc. Therefore, as a condition of using the PHANTOM GRIP , Inc. Forums, in addition to all other disclaimers, representations, limitations, and indemnifications contained throughout this website, you expressly represent that you understand and agree to the following:
PHANTOM GRIP , Inc. makes no representations about the suitability of the information contained on the PHANTOM GRIP , Inc. Forums for any purpose. PHANTOM GRIP , Inc. makes no, and expressly disclaims, any representations or warranties, express or implied, regarding the PHANTOM GRIP , Inc. Forums, including, without limitation, the accuracy, completeness or reliability of text, graphics or links. All information and services contained on the PHANTOM GRIP , Inc. Forums are provided "as is" without warranty of any kind, and no advice or information published by PHANTOM GRIP , Inc., its agents or representatives shall create any warranty.
In no event shall PHANTOM GRIP , Inc., its agents or representatives be held liable for any direct, indirect, punitive, incidental, special or consequential damages, including attorneys fees, lost profits, or lost revenues, arising from or in any way connected with the use of the PHANTOM GRIP , Inc. Forums, or with the delay or inability to use the PHANTOM GRIP , Inc. Forums, whether based on contract, tort, strict liability or otherwise, even if PHANTOM GRIP , Inc. and/or its agents or representatives have been advised of the possibility of damages. Portions of the above limitation may not be applicable to your residing in states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.
RISK OF LOSS
All items purchased from phantomgrip.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT INFORMATION AND DESCRIPTIONS
Most PHANTOM GRIP , Inc. products displayed at the Site are available in select Authorized PHANTOM GRIP Dealers stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in Authorized PHANTOM GRIP Dealers stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. PHANTOM GRIP , Inc. attempts to be as accurate as possible. However,phantomgrip.com does not warrant that product descriptions, color (actual colors you see will depend on your monitor, we cannot guarantee that your monitors display of any color will be accurate) or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by phantomgrip.com itself is not as described, your sole remedy is to return it in unused and unopened condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. The materials on this web site are to be used for informational purposes only and may include inaccuracies or typographical errors. Changes are periodically made to the information on this web site. PHANTOM GRIP , Inc. reserves the right to make improvements and/or changes to the content of this web site at any time, with or without notice. PHANTOM GRIP , Inc. makes no representations about the suitability of the information and services contained on this web site for any purpose. To the full extent permissible by applicable law, PHANTOM GRIP , Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PHANTOMGRIP.com does not warrant that this site, its servers, or E-mail sent from phantomgrip.com are free of viruses or other harmful components. PHANTOMGRIP.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
All information and services contained in this web site are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or products included on this site, and no advice or information published by phantomgrip.com, PHANTOM GRIP , Inc., its agents or representatives shall create any warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimer may not apply to you, and you might have additional rights.
2. PHANTOM GRIP , Inc. cannot control and edit content provided by a third party prior to transmission on this web site, nor can PHANTOM GRIP , Inc. ensure prompt removal of inappropriate or unlawful content after transmission. Third party postings are not reviewed for truth or accuracy and do not represent the opinions, beliefs, or statements of PHANTOM GRIP , Inc.
3. In no event shall phantomgrip.com, PHANTOM GRIP , Inc., its agents or representatives be held liable for any direct, indirect, punitive, incidental, special or consequentialdamages, including attorneys fees, lost profits, or lost revenues, arising from orin any way connected with the use of this web site or with the delay or inability to use this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if PHANTOM GRIP , Inc. and/or its agents or representatives have been advised of the possibility of damages. Portions of the above limitation may not be applicable to those persons residing in states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.
GOVERNING LAWS
By visiting phantomgrip.com, you agree that all legal issues arising from or related to the use of the phantomgrip.com web site and its services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California applicable to contracts entered into and wholly to be performed within said state, unless expressly stated to the contrary elsewhere within these Conditions of Use.
DISPUTES
Any dispute relating in any way to your visit to phantomgrip.com or to products you purchase through phantomgrip.com shall be submitted to confidential arbitration in Lake Worth, Florida, except that, to the extent you have in any manner violated or threatened to violate phantomgrip.coms intellectual property rights, phantomgrip.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
INDEMNIFICATION OF PHANTOM GRIP , INC.
As a condition of using this web site, you agree to indemnify and hold harmless PHANTOM GRIP , Inc., its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorneys fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to phantomgrip.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your sole responsibility to regularly review such terms and conditions. Continued use of this web site following any such changes shall constitute your acceptance of such changes. |
