Terms of service

Please read these Terms of Service ("Terms") carefully before using the website operated by Mothbear Outfitters / Clem's Bait & Tackle ("Us", "We", or "Our"). Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

We reserve the right to refuse service to anyone for any reason at any time.

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. Any reliance on the material on this site is at your own risk.

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.

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. 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 reserve the right to discontinue any product at any time. Bait & Tackle Specific Disclaimer: You acknowledge that you are responsible for checking and complying with all local, state, and federal fishing regulations and laws regarding the use, possession, and limits of our bait and tackle products. We are not liable for any user violations of these laws.

All prices displayed on the website are in USD. Prices for our products are subject to change without notice. We accept various forms of payment as indicated at checkout (e.g., Visa, Mastercard, American Express, Shopify Pay). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable shipping and handling charges and taxes.

We reserve the 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.

We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss for all product purchases pass to you upon our delivery to the carrier. We are not responsible for any shipping delays or damage incurred once the item is in the carrier's possession.

Please review our separate Return & Refund Policy for details on our procedures and timeframes for returns, exchanges, and refunds.

If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must notify us immediately of any breach of security or unauthorized use of your account. You agree not to use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including but not limited to copyright laws). Harassment in any manner or form on the site, including via e-mail or chat, is strictly forbidden.

The site and all of its original content (including logos, images, product descriptions, and site design) are the sole property of Mothbear Outfitters / Clem's Bait & Tackle and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use is prohibited.

Clem's Bait & Tackle does not manufacture the physical goods sold on this site. We are a retailer. Therefore, we do not offer any express or implied warranties regarding the products we sell. Any warranties are provided by the original manufacturer of the item, if applicable. We are not liable for any injuries, damages, or losses resulting from the use or misuse of the products purchased from our store (e.g., fishing hooks, knives, etc.). By purchasing these items, you assume all risk associated with their use. In no case shall Mothbear Outfitters / Clem's Bait & Tackle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, 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. For information in regards to MothBear Outfitter products see the MothBear Warranty Disclaimer section below. 

 

Mothbear Outfitters Product Warranty Disclaimer

We want you to be completely confident in your Mothbear Outfitters (MB) purchase. We stand behind the quality of our gear and tackle.

One-Year Manufacturer's Defect Warranty

All Mothbear Outfitters branded products come with a limited One-Year Warranty against defects in materials and workmanship, effective from the date of original purchase.

What the Warranty Covers:
If a product is found to be defective due to manufacturing faults within one year of purchase, you are entitled to a repair or replacement of the product at our discretion. If a repair or replacement is not possible (e.g., the item is discontinued), a refund will be issued to the original purchaser.

What the Warranty Does NOT Cover:
This warranty is limited and does not cover damages resulting from:

• Misuse or improper use
• Accidents
• Unauthorized modifications or alterations
• Normal wear and tear (e.g., fading, expected aging)
• Improper care or storage

How to Make a Warranty Claim

If you experience an issue with your MB product, please contact us immediately:

1. Send us a message via email at support@mothbear.com.
2. Provide details: Include the nature of the issue, when the product was purchased (date), and a copy of your proof of purchase (receipt or order number).
3. We will work with you to resolve the issue promptly.

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 the State of Michigan, United States. Any disputes relating to these terms or your use of the website shall be resolved in the appropriate state or federal courts located in Michigan.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Mothbear Outfitters / Clem's Bait & Tackle. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

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.

Questions about the Terms of Service should be sent to us at: support@mothbear.com