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    KlearGear Public Statement

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    Ars Technica
    KlearGear Public Statement

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    © All Rights Reserved
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    KlearGear Public Statement

    Uploaded by

    Ars Technica
    1K views2 pages
    KlearGear Public Statement

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    © © All Rights Reserved

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    KlearGear Public Statement

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    KlearGear Public Statement

    Uploaded by

    Ars Technica
    KlearGear Public Statement

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Page 1 of 2 /Users/cyrusfarivar/Desktop/kleargear.

    txt
    Saved: 5/19/14, 9:28:29 PM Printed For: Cyrus Farivar
    From: Vic Mathieu [email protected] 1
    Subject: Kleargear.com Public Statement 2
    Date: May 19, 2014 at 12:38 PM 3
    To: [email protected] 4
    5
    Gentlemen: 6
    The text that follows is the first and only public statement that 7
    Kleargear.com is going to do about the case of Palmer vs. Kleargear.com.
    8
    With the exception of minority equity positions held by certain creditors 9
    during our restructuring of the company between 2006 and 2011, Descoteaux
    Boutiques (DBS) has fully owned and operated the Kleargear.com business
    (the domain name is leased) since the founding cataloger ceased its
    operations in 2004. Our only presence in the United States and Canada has
    been via a network of third-party contractors, as DBS outsources several
    key business functions of our businesses on foreign markets including
    order fulfillment, warehouse operations, customer service, marketing,
    legal, payment processing and collections. Any mail that is sent to
    Kleargear in care of any third-party vendor, including our fulfillment
    centers operated by Amazon Services and Chenal Brands, will be refused.
    None of our third party providers are statutory agents that are authorized
    to receive service of process.
    10
    After we first learned on this dispute on the 22/04/14 via an e-mail from 11
    Aubrey Broome at Hoole & King, we have requested more information. No
    information has ever been provided. Mr. Palmer's attorney, Scott Michelman
    of Public Citizen Litigation Group, has since learned that DBS was never
    properly served under the Hague Convention and concealed this information
    critical of the court to improperly obtain a judgment by default. Once DBS
    has been served, we will vacate the judgment and litigate.
    12
    In written communication to Mr. Palmer on 4 June 2012, we informed him 13
    that the disparagement clause in our conditions of sale was present the 22
    December 2008 when he has certified to us that he has read, understood and
    agreed to it:
    14
    "The structure of our sales contract, referenced in your order check-out 15
    screens which we have on file from December 22, 2008, had three forks
    (today there are two): http://www.kleargear.com/help.html,
    http://www.kleargear.com/termsofuse.html and
    http://www.kleargear.com/tsaddendums.html."
    16
    Kleargear's Non-Disparagement Clause has never deleted from our online 17
    store in November last year, as it has been wrongly stated; it was simply
    relocated with other content on the new URLs (the aforementioned clause
    Page 2 of 2 /Users/cyrusfarivar/Desktop/kleargear.txt
    Saved: 5/19/14, 9:28:29 PM Printed For: Cyrus Farivar
    can now be found at http://www.kleargear.com/termsofuse1.html). If a 17
    customer disagrees with any merchant of policies they are free to shop
    elsewhere.
    18
    John Palmer's delinquent account was written off in October 2013 and, as 19
    part of a annual batch, which has been sold to a collection firm which is
    not linked to Fidelity Information Corp. DBS then instructed Fidelity to
    delete all accounts transferred from credit reporting agencies. It seems
    that Fidelity may have, by error, unable to delete one or more accounts
    until March 2014. If Mr. Palmer's debt remains unpaid, it will be
    re-reported to credit bureaus by subsequent owners of the account.
    20
    Ironically, if Mr. Palmer had simply approach Kleargear first last fall 21
    and requested a stay to finance their new furnace -- we would have worked
    with him. We are human beings. Instead, he has chosen a public forum.
    22
    Regards, 23
    Vic Mathieu 24
    Kleargear.com 25
    26
    Descoteaux Boutiques SARL 27
    118-122 Avenue de France 75013 28
    Paris 29
    France 30
    31
    Phone: +33 (0) 1 82 88 88 18 32
    Facsimile: +33 (0) 1 70 61 59 06 33

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