Please read these terms and conditions carefully before using this website. By accessing or using the website, mobile site, any associated sites, apps, or software platforms of Guide Gear®, you agree to be legally bound by these Terms & Conditions and our Privacy Policy.
1. Company Information
This website is operated by Guide Gear®, LLC. Our contact information is as follows:
Guide Gear®, LLC
3327 Burwell Heights Road
Beaumont, TX
[email protected]
Guide Gear® provides outdoor gear and apparel including hunting, fishing, camping, hiking, and work wear sold through our website, mobile apps, catalogs, and retail partners. References to “we” “us” “our” refer to the company. References to “you” and “your” refer to website visitors, customers, and any users of our sites/services.
2. Use of Site & Services
2.1 Eligibility: You must be at least 18 years old and able to enter into legally binding contracts to purchase products or services from this website. We reserve the right to refuse service to anyone for any reason at any time.
2.2 Site Access: We grant you a limited, non-exclusive license to access and use our website in accordance with these Terms. This license is revocable at any time.
2.3 Responsible Use: You agree to only use this site and services for lawful purposes and in accordance with applicable laws, regulations, and terms/notices displayed on the site. Prohibited activities include (but are not limited to):
- Harassing or abusing site employees or other users
- Posting inaccurate, illegal, or infringing content
- Collecting user data or interfering with site functionality
- Reselling site services, products, or data without permission
Engaging in prohibited behavior may result in legal liability or us restricting/terminating your access.
2.4 Service Availability: We try to ensure continuous availability but cannot guarantee the site will operate without interruptions, errors, or downtime. We may suspend or cease providing services at our sole discretion without notice. We are not liable for any damages that may result from site unavailability.
2.5 Mobile Services: We provide mobile apps, mobile-optimized web pages, and text message services related to our offerings. Standard data fees and text messaging rates may apply based on your mobile carrier and plan. By using mobile services, you agree such access complies with these Terms.
2.6 Account Security: If registration is required for site services, you agree to keep account credentials like usernames, passwords, and other identifiers confidential. You are solely responsible for any activity occurring under your account. Notify us immediately of any unauthorized account use or other security breach.
3. Intellectual Property Rights
3.1 Site Content: All content and functionality on the site including text, graphics, logos, icons, images, audio/video clips, downloads, interfaces, code, and software is the property of Guide Gear® and protected by U.S. and international copyright laws. All rights are reserved.
3.2 Use of Content: Content on the site may be used only for non-commercial, personal purposes. You may download, print, or make one copy of site content for offline use as allowed by fair use laws. No commercial use, publishing, distribution, sublicensing, sale of access, or other redistribution is permitted. Except as authorized, you agree not to reproduce, distribute, publicly display, modify, create derivative works from, transfer, sell any content without express written approval from us.
4. Terms of Sale
These Terms apply to all products and services purchased via our site:
4.1 Product Descriptions: We strive to describe products accurately on our site, but specifications, prices, and availability are subject to change. Typographic errors or photography inconsistencies may exist. We reserve the right to correct any errors.
4.2 Prices & Payment: The prices displayed on our site are quoted in U.S. dollars and must be paid in full at the time of purchase. We may revise prices at any time. To complete a transaction, you must provide a valid credit card number and associated billing information. By submitting payment information, you represent you are authorized to use the payment method.
4.3 Promotions & Coupons: Special offers are subject to additional restrictions listed on promotion announcements. Coupon use is limited to one per customer and may not be combined with other offers. We reserve the right to cancel or modify promotions at any time.
4.4 Tax: Unless otherwise indicated, prices advertised are exclusive of taxes, duties, and delivery charges which will be added to your total at checkout where applicable. It is your responsibility to pay any import taxes as required by your local jurisdiction.
4.5 Order Verification: Your receipt of an order confirmation does not constitute site acceptance. All orders are subject to acceptance or rejection by an authorized team member who will verify accuracy and availability. We reserve the right to limit, cancel, or prohibit orders at our sole discretion.
4.6 Backorders: Items marked as “backordered” on the checkout page have been temporarily delayed. You will not be charged for backordered items until shipment. We will obtain your consent before processing a partial order excluding backordered items.
4.7 Shipping & Delivery: We process orders as quickly as possible but cannot guarantee a specific delivery date or time. We provide order status updates by email and in your account. Delays may occur in processing or shipping. We are not liable for delays, delivery failures, or product damage during shipment by our authorized third-party carriers.
4.8 Returns & Refunds: Items may be returned within 30 days under our Return Policy published separately on our site. Approval for returns and application of refunds/credits is subject to the policy terms, condition of items, proof of purchase, and return shipping costs. Custom or special order items may have different return policies.
4.9 Product warranties: Certain products sold on our site come with a manufacturer’s warranty as detailed in product descriptions and specifications. For warranty claims or defects, please follow instructions provided with warranty information. Refunds related to warranty issues will be made upon inspection by the manufacturer.
5. Copyright Complaints
5.1 DMCA Policy: We respect rights holders’ intellectual property under the DMCA. Upon proper takedown notice, we will expeditiously remove infringing materials and terminate repeat infringers where appropriate. For instructions on submitting a takedown notice, see our DMCA Policy.
5.2 Counter Notice: If you believe a takedown was improper due to misidentification or other reasons, you may file a counter notice following the instructions in our DMCA Policy. We will review the notice and validate rights ownership before taking further action.
6. Community Content & Activities
6.1 User Content: Content submitted by users including product ratings/reviews, forum/chat room posts, photos, videos, audio, text, and other submissions is governed by our User Content Policy. Submissions reflect the views of individual contributors not our company. We are not responsible for fact-checking or liable for any loss/harm arising from user content.
6.2 Restrictions: You agree not to share content that is illegal, abusive, harassing, tortious, defamatory, libelous, deceptive, fraudulent, invasive of privacy, profane, obscene or otherwise objectionable material of any kind. We reserve the right to delete any content violating the User Content Policy.
6.3 Licensing: By posting content, you grant our company a non-exclusive, worldwide, royalty-free license to republish submitted content across our sites, apps, social channels, newsletters, and promotions as permissible under the User Content Policy and applicable laws.
6.4 Prohibited Activities: While using any forums, chat rooms, commenting systems, or other community features, you will not:
- Abuse, harass, threaten, impersonate, or intimidate other users
- Post unauthorized commercial content or spam
- Upload viruses, malware, or other malicious code
- Violate intellectual property rights of any party
- Libel, defame, or invade the privacy of others
- Engage in illegal or dangerous activity
Violating these rules may result in account suspension, restriction, or termination as necessary to remedy issues.
7. Errors, Inaccuracies, & Amendments
7.1 Errors: While we strive for accuracy on our site, errors or omissions may occur. We reserve the right to correct any pricing, inventory availability, specifications, or other product/content details in the event of errors.
7.2 Disclaimer: Content and services may contain inaccuracies or typographical errors. We make no guarantees as to the accuracy, completeness, or suitability of any site content. The burden of verifying accuracy rests solely with you.
7.3 Amendments: We reserve the right to alter these Terms at any time without notice. The revised terms will be posted to this page so users should check back periodically. You are obligated to the policies and terms in effect at the time of your use. Continued site access after changes signifies acceptance of the revisions.
8. Disclaimer & Limitation of Liability
8.1 No Warranties: Site content and services are provided on an “AS IS” basis without warranties of any kind including fitness for particular purpose or use. We make no guarantees products will meet your unique needs. No advice provided by us shall create any warranty. We assume no liability for harm resulting from use of site offerings.
8.2 Damage Limitation: In no event will Guide Gear® be liable for lost profits or any form of indirect, incidental, punitive, special or consequential damages arising from use of the site, content, products or services. Our total cumulative liability arising from or relating to use of this site shall not exceed $100.
9. Indemnification
You agree to fully indemnify, defend, and hold harmless Guide Gear® and our employees, directors, agents, and representatives from any claims, damages, losses, or expenses (including without limitation attorneys’ fees) that arise directly or indirectly out of: (1) your breach or violation of any part of these Terms; (2) any allegation that your User Content caused damage/harm to a third party. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification.
10. Additional Policies
10.1 Privacy: Use of our site is also governed by our Privacy Policy. This policy provides details about the personal data we collect and use. Review the full Privacy Policy before using the site and services.
10.2 User Content: You also agree to our User Content Policy when submitting any content, posting comments, uploading files, or otherwise interacting with the community features of our site. Review the policy for guidelines.
10.3 Sales Terms: Additional terms such as shipping, returns, and product warranties are published separately from these Terms as part of our Sales Terms & Conditions. Review these important policies before making purchases.
11. Governing Law & Disputes
11.1 Law: These Terms will be exclusively governed by the laws in the State of Wisconsin without regard to conflicts of law rules. Any disputes related to these Terms or site offerings will be exclusively heard in courts located in Wisconsin.
11.2 No Class Actions: You expressly agree to waive any right to bring class action lawsuits or class arbitrations against us. Additionally, you agree not to combine any legal action related to these Terms and services without prior written consent.
11.3 Arbitration: At our sole discretion, we may require any disputes be submitted to binding arbitration administered by the American Arbitration Association using the rules and procedures in effect at the time arbitration is initiated. Judgment on any arbitration award may be entered in any court having jurisdiction. Arbitration occurs in Wisconsin.
11.4 Negotiation: Parties shall attempt in good faith to negotiate a settlement of any dispute arising under these Terms before resorting to binding arbitration. We will agree to reasonable settlement terms to avoid the expense and burden of resolving issues through arbitration.
12. Final Terms
12.1 Contact Us: If you have questions or concerns about these Terms, please email us at [email protected] or send written correspondence to:
Guide Gear® Legal Team
3327 Burwell Heights Road
Beaumont, TX
12.2 Entire Agreement: These Terms constitute the entire agreement governing use of this site. By accessing the site, you acknowledge you have read and agree to be bound by all policies and terms herein.
12.3 Waiver: Any leniency or waiver of our rights under these Terms is binding only when expressly granted in signed writing by an authorized representative. Any waiver by us of a breach by you shall not excuse subsequent breaches.
12.4 Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining clauses shall remain in effect to the maximum extent permitted by law. The invalid provision will be modified or replaced to achieve the original intent and preserve remaining terms.
Effective Date: March 1, 2023
