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Trelly Holdings LLC’s TERMS & CONDITIONS OF USE
Welcome to Trelly Holdings LLC’s (“TRELLY”), Internet websites: www.hinterlandsupply.co. TRELLY and/or its affiliates (“Company”, “we” or “us”) provide website access and features to you subject to the following Terms & Conditions of Use (collectively the “Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY COMPANY WEBSITE, including but not limited to hinterlandsupply.com. BY USING ANY COMPANY WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. PLEASE NOTE THAT SECTION 18 BELOW CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION TO RESOLVE DISPUTES AS WELL AS JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. Company may, in the future, modify or revise these Terms at its sole discretion, without any notice. When we make changes, we will update these Terms here. Your use of this Website and any other Company Websites, including but not limited to: www.hinterlandsupply.com, and any other websites owned, operated or maintained by Company now or in the future (collectively the “Websites”) following any such revision constitutes your agreement to the revised Terms. You should check these Terms periodically for changes. The Websites are the property of Company and its licensors.
By using the Websites, you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Websites. The Websites and the information contained in reference herein are for your personal, non-commercial use only. As long as you fully comply with these Terms, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites.
Website Content. All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Websites is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. You may only use the Content and information on Company products and services (such as data sheets, product images, technical specifications, articles, and similar materials) from the Websites, provided that you (1) do not remove any copyright or other proprietary notice from any of the materials, (2) use such information only for your personal informational use and do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, (3) do not use the Content in a manner that implies an association with Company, or any of our products, services or brands, and (4) do not make any additional representations or warranties relating to such materials.
Third-Party Links. The Websites may contain links to other third-party websites (“Linked Websites”). Any such Linked Websites are provided solely for your reference and as a convenience to you. Company does not endorse or make any representation or warranty regarding the content or accuracy of such Linked Websites. Such Linked Websites are not under the Company’s control, and the Company is not responsible for and makes no endorsement or representation about the information or materials contained on such Linked Websites. If you access any Linked Websites, you do so at your own risk. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY OR LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF THIRD-PARTY OR LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Limited License to Access Websites. As long as you comply with these Terms, Company grants you a limited license to access and make personal use of the Websites. Company also grants you a limited, revocable, and non-exclusive right to create a link to the Websites’ home pages provided that the link does not portray Company, or its products or services, in a false, misleading, negative, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without our express written permission. Without the express prior written consent of Company, this limited license does NOT allow you: (1) to reproduce, duplicate, copy, sell, resell, visit, or in any way otherwise use or exploit for any commercial purpose all or any part of the Websites or their Content; (2) to collect and/or use any product listings, descriptions, or prices; (3) any derivative use of the Websites or their Content; (4) to download or copy information, including but not limited to account information, for the benefit of yourself or any third party; (5) to download or modify all or any part of the Websites or their Content; (6) any use of data mining, robots, or similar data gathering and extraction tools; (7) to use any meta tags or any other hidden data utilizing Company’s name or trademarks; (8) to frame or capture any trademark, logo, or other proprietary information (e.g., text, photographs, images, page layout, etc.) on the Websites, and/or (9) any other inappropriate or improper use of the Websites or their Content. Any unauthorized use by you of any of these Terms shall automatically terminate the limited license granted by Company to you to use the Websites or their Content.
Your Account and Obligations. If you use the Websites, you are solely responsible for maintaining the confidentiality of your account information (including but not limited to your password and credit card information) and for restricting access to your computer. You agree to accept full responsibility for all activities that occur under your account or password and you agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You understand and agree that you may be held liable for losses incurred by Company and/or any other user of or visitor to the Websites due to someone else using your Company username, password or account if you fail to keep your account information secure and confidential.
You may not use any other person’s Company username, password or account at any time without the express permission and consent of the holder of that Company username, password or account. If you are under 18, you may use Company’s Websites only with involvement and approval of a parent or guardian. Company will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify Company at email@example.com immediately upon learning of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Company Websites. Company may suspend or terminate your account and your use of any Websites if you fail to comply with these Terms, and Company reserves the right to refuse service, terminate any account, remove or edit Content, and/or cancel orders in Company’s sole discretion.
Your use of the Websites is conditioned upon your agreement to comply with all applicable laws in connection with your use of the Websites, these Terms, and such further limitations as may be set forth in any written or on-screen notice from Company. In addition, you agree that all information that you provide to Company in connection with any purchase, transaction or other interaction with Company on the Websites will be accurate, complete, and current. You agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with Company at the prices in effect when such charges are incurred.
By using the Websites, you agree not to violate, attempt to violate or assist others in violating or attempting to violate the security of the Websites, including, without limitation, doing or attempting any of the following: (1) probing, scanning, or testing the vulnerability of the Websites, their servers, systems or networks, (2) breaching authentication/security measures, (3) logging into a server or account or accessing data that you are not authorized to access, (4) interfering in any way with the Websites’ services to any user, host, or network, by any means including, viruses, spam, overloading, etc., and/or (5) sending unsolicited email, and/or forging headers in any email or posting. You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Websites and/or block your future access to the Websites, for any reason, including but not limited to: (1) if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Websites, (2) requests by law enforcement or other government agencies, (3) a request by you, (4) discontinuance or material modification of the Websites or any service offered on or through the Websites, or (5) technical issues or problems. You agree that Company will not be liable to you or to any third party for termination of your access to the Websites. You also agree that any violation by you of these Terms will constitute at minimum an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages may be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. If Company initiates any legal action against you as a result of your violation of these Terms, you agree that Company will be entitled to recover from you, and you agree to pay, all of Company’s reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. These remedies are in addition to any other remedies Company may have at law or in equity.
Electronic Communications.When you visit Company Websites or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Websites. 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. All Content included on the Websites, such as text, images, graphics, logos, icons, audio and video clips, digital downloads, data compilations, and software, and the compilation of all Content on this Websites is the exclusive property of Company, its licensors, or its suppliers and protected by the United States Copyright Act and international copyright laws. Nothing stated or implied on the Websites gives you any license or legal right under any copyright of Company or any third party. Federal and state laws prohibit you from duplicating, copying, reproducing, broadcasting, modifying, editing, distributing, displaying, publishing, performing, circulating, or transmitting any Content or part of the Websites for any purpose.
Trademarks. All trademarks, logos and service marks (the “Marks”) displayed on the Websites are owned by Company and/or third parties. You are prohibited from using any of the Marks without the express, prior, written permission of Company or such third party. If you would like information about obtaining Company’s permission to use the Content on your website, please e-mail us at firstname.lastname@example.org. All Marks on our Websites are trademarks, registered trademarks, and/or trade dress of Company in the U.S. and/or other countries and are owned exclusively by Company. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Websites confers on you any license or right under any patent, copyright, or trademark of Company or any third party.
Materials You Post on the Websites.You may post reviews, comments, photos, and other materials, send emails and other electronic communications, and submit suggestions, comments, questions, or other information, so long as the materials are not illegal, obscene, threatening, defamatory, and/or objectionable in Company’s sole discretion, and so long as the materials don’t invade anyone’s privacy, otherwise injure anyone, or infringe on intellectual property rights. In addition, the materials you post may 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 as to the origin of any materials. If you do post or submit material, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media.You grant Company and its sublicensees the right to use the name that you submit in connection with such materials, if they choose. You represent and warrant (1) that you own or otherwise control all of the rights to the materials that you post; (2) that the materials are accurate; (3) that use of the materials you supply does not violate this policy and will not cause injury to any person or entity; and (4) that you will indemnify Company for all claims and/or damages it suffers resulting from materials you supply. Company reserves the right, but not the obligation, to monitor and edit or remove any activity or materials in its sole discretion. Company explicitly disclaims, takes no responsibility for, and assumes no liability for any materials posted by you or any third party.
Copyright Complaints. Company respects the intellectual property of others. It is Company’s policy, as appropriate and in its sole discretion, to terminate the accounts of users who infringe upon the copyrights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:
Trelly Holdings LLC
232 South St., Ste 100
Rochester, MI 48307
and include the following information in writing, which is required pursuant to the Digital Millennium Copyright Act (“DMCA”):
(1) A detailed description of the copyrighted work that you claim has been infringed.
(2) A description of where the material that you claim is infringing is located on the Websites reasonably sufficient to allow Company to locate the material.
(3) Your address, telephone number, and e-mail address.
(4) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(5) A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(6) Your physical or electronic signature, if you are the copyright owner or authorized to act on the copyright owner’s behalf, or the physical or electronic signature of the owner or person authorized to act on behalf of the owner of the copyright that has been allegedly infringed upon.
You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Risk of Loss. All items that you order and purchase from Company through the Websites are transported and delivered by an independent carrier, unaffiliated with Company. Title to the items you have purchased, as well as risk of the items’ loss, passes to you once Company delivers the items to the carrier. In the event of a lost package, please contact Company’s customer service department at email@example.com to assist with a shipping claim.
Product Descriptions & Availability. While Company tries to accurately describe its products and their availability, Company does not represent or warrant that its product descriptions, availability, and/or any other Content are free of error, complete, up to date, or reliable. Please note that colors of Company products may appear differently on your computer monitor than they are in reality. Most Company products are available to view at Company retailers throughout the world. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation Of Liability. Company makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Websites and the Content. ANY AND ALL USE OF THE WEBSITES AND THE CONTENT IS AT YOUR OWN RISK. Changes are periodically made to the Websites and may be made at any time by Company in its sole discretion. Some Content on the Websites may be provided by third parties and Company explicitly disclaims all responsibility for any such Content provided by third parties.
13.1. Websites. Your use of the Company Websites is at your own risk. If you are dissatisfied with any of the Content or other contents of the Company Websites or with these Terms, your sole remedy is to discontinue use of the Company Websites. THE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED COMPANY REPRESENTATIVE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH COMPANY TAKES COMMERCIALLY REASONABLE MEASURES TO PROTECT ITS CUSTOMERS PERSONAL INFORMATION, COMPANY DOES NOT WARRANT THAT (1) THE WEBSITES, (2) INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, (3) THE WEBSITES’ SERVERS, OR (4) E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCLUDING COMPANY’S INTENTIONAL MISCONDUCT, COMPANY EXPLICITLY DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED COMPANY REPRESENTATIVE.
13.2. Products. Company products are warranted to the original retail purchaser to be free from defects in materials and workmanship, as described in the materials included with the products. All warranty items are required to be evaluated at Company. Decisions will be made at the sole discretion of the Company Warranty Department. If an item is covered under our warranty policy (see below), upon warranty inspection, Company will first seek to repair your Company product. If repair is not feasible or reliable then Company will seek to replace the product with the same or like product given availability. If you purchase a Company product from any Company Websites that you believe is defective, please contact our customer service department at firstname.lastname@example.org and make arrangements to return the product to us with your receipt and proof of purchase showing the purchase date. The Company will inspect, and if a warranty issue is found, will repair or replace the product at our sole discretion. If Company determines that there is no warranty issue with the returned product, the product will be returned to you with a note of explanation. COMPANY’S LIABILITY UNDER THIS LIMITED WARRANTY IS EXPLICITLY LIMITED SOLELY TO SUCH REPAIR OR REPLACEMENT. UPON EXPIRATION OF THE WARRANTY PERIOD, COMPANY SHALL HAVE NO LIABILITY UNDER THIS LIMITED WARRANTY OR OTHERWISE. THE FOLLOWING ARE EXPLICITLY EXCLUDED AND NOT COVERED BY THIS LIMITED WARRANTY: (1) DAMAGES DUE TO NORMAL USE AND WEAR; (2) DAMAGES DUE TO ABUSE OR ACCIDENTS; (3) COMPANY PRODUCTS THAT HAVE BEEN RESOLED OR IN ANY WAY MODIFIED; AND (4) THE FIT OF ANY COMPANY PRODUCT. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXCEPT AS OTHERWISE SPECIFIED ABOVE, COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE DESIGN, CONDITION OR QUALITY OF MATERIALS AND WORKMANSHIP TO THE PURCHASER OF THE GOODS AND/OR ANY OTHER PERSON WHATSOEVER. NOTHING CONTAINED IN THE FOREGOING SENTENCE IS INTENDED TO RELEASE THE SELLER FROM LIABILITY FOR ORDINARY DAMAGES FOR PROVEN PRODUCT LIABILITY CLAIMS.
13.3. Please note that some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you are a resident of such a state and these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Reserved Rights. Company reserves the right to do any of the following, for any reason, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Websites, or any portion of the Websites; (2) to modify or change the Websites, or any portion of the Websites, and any applicable policies or terms; (3) to interrupt the operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) discontinue or restrict your use of the Websites.
WARNING: CLIMBING, MOUNTAINEERING, BOULDERING, HIKING, AND RELATED ACTIVITIES, ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND DANGEROUS. By purchasing or using any Company equipment in any manner, you agree that you are: (1) personally and solely responsible for: (a) learning and knowing the limits and capabilities of the equipment and yourself, (b) the proper use of and techniques for such equipment, (c) making responsible, sound decisions in changing situations, and (2) assuming all risks and accepting full and complete responsibility for any and all damages and injury of any kind to yourself or others, including death, paralysis, and serious injury, which may result from or is related to your use of any equipment manufactured by or purchased through Company, its partners, Websites, or retailers. In addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY COMPANY, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY COMPANY WEBSITES, CATALOGS, PUBLICATIONS, OR OTHER COMPANY MATERIALS. Resources like the Company Websites and publications can provide useful information and tips, but they are no substitute for good decision-making, safe and appropriate use of equipment, or professional instruction for the numerous hazardous situations in which you may choose to use Company products.
Disclosure of Your Information.You agree and Company reserves the right, at all times and without further notice, to disclose any information that Company deems necessary to comply with any applicable law, regulation, administrative or legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You agree that Company may disclose any information we have about you (including your identity) if Company determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Websites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with, either intentionally or unintentionally, the Websites, Company’s rights or property, or the rights or property of the Websites’ users, including Company’s customers. You acknowledge and agree that Company may preserve any transmittal or communication by you, including emails, through the Websites or any service offered on or through the Websites, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, and/or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Websites, and the public.
Indemnity.YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY COMPANY, BY YOU, ANY PERSON OR ENTITY ACTING ON YOUR BEHALF, AND/OR ANY THIRD PARTY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR IMPROPER USE OF THE WEBSITES, YOUR BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER VIOLATION BY YOU THAT CREATES LIABILITY FOR COMPANY. This provision may be unenforceable or inapplicable within the State of New Jersey and other states.
Applicable Law; Dispute Resolution; Arbitration; Jury and Class Action Waiver; Miscellaneous Provisions. By visiting or using any Company Websites, you agree that:
(1) All matters relating to these Terms, and/or your access to or use of the Websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions.
(2) In the event of any controversy or dispute between Company and you arising out of or in connection with these Terms and/or your use of the Websites, Company and you shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party may request that such controversy or dispute be mediated. The mediation may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the mediation shall take place in New Brighton, Minnesota. If the dispute is not resolved through mediation within a reasonable time (not to exceed sixty (60) days from the mediation request), then the parties shall be free to pursue any right or remedy available to them under applicable law through binding arbitration as described below.
(3) BINDING ARBITRATION: In the event of any dispute arising under or relating to these Terms your access to or use of the Websites (including products or services sold or distributed by Company through Company Websites), such dispute will be finally and exclusively resolved by binding arbitration. NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY. DISCOVERY RIGHTS, SUCH AS EACH PARTY’S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Consumer Arbitration Rules, both of which are available at the AAA website www.adr.org. (http://www.adr.org/) The arbitration may be conducted in person, through the submission of documents, by phone, or online, at the Company’s sole discretion. If conducted in person, the arbitration shall take place in Boulder, Colorado. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Federal Arbitration Act and federal arbitration law apply to these Terms.
(4) CLASS ACTION WAIVER: Any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(5) You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to such jurisdiction and venue and (b) any claim that any such arbitration proceeding has been brought in an inconvenient forum. Note that the preceding provision regarding venue may not apply if you are a consumer based in the European Union, however, in all cases, the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to these Terms;
(6) Any and all claims arising out of or related to these Terms must be brought by you within one (1) year after the cause of action arises, or such claim or cause of action is forever and irrevocably barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
(7) No recovery may be sought or received by you against Company for damages other than your out-of-pocket expenses, excluding attorney fees.
(8) A printed version of these Terms and of any notice given in electronic form shall be admissible in any mediation or arbitration proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All headings in these Terms are for convenience or reference only and shall be ignored in construing these Terms.
(9) Company’s failure to enforce all or any part of these Terms or respond to a breach thereof by you or any other party shall not in any way be construed as a waiver or a relinquishment of any right granted Company hereunder of the future performance of all or any part of these Terms, and your obligations set forth in these Terms shall continue in full force and effect.
(10) If any provision in these Terms is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect.
(11) These Terms contain the entire and final agreement regarding Company Websites and their Content and supersede any prior or contemporaneous communications between you and Company regarding the Websites.
(12) Any offer for any feature, product or service made on the Websites is void where prohibited. If you choose to access the Websites from outside the U.S., you are solely responsible for complying with applicable U.S. and local laws. Although the Websites may be accessible worldwide, not all products or features provided or offered through the Websites are available in all geographic locations, or available (legally or otherwise) for use outside of the U.S. Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or feature shown on the Websites to any person or geographic area.
(13) All rights not explicitly granted in these Terms are hereby reserved by Company.
(14) By continuing to use the Company Websites, you hereby agree and intend to be bound by these Terms.