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Pine Outfitters Terms and Conditions of Use

We are pleased to welcome you to Pine Outfitters, operated by Pine Hats LLC (“Pine Outfitters”).  These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of Pine Outfitters’ website, pineoutfitters.org (the “Website”).  Pine Outfitters operates an interactive social media site as well as an online retail store.  Users can post comments, blog, interact with and one another through the Website as well as purchase products from Pine Outfitters (the “Services”).  In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refer to Pine Outfitters, its subsidiaries, successors in interest and assigns, and www.pineoutfitters.org.  

Please read these terms of use carefully before using this Website and make sure you understand them.  These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Pine Outfitters and you regarding your use of this Website and supersede any prior statements or representations.  This Website’s Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof.  [Link to Privacy Policy] You are not authorized to use this Website if you do not agree to be legally bound by any or all of these Terms and Conditions.

Consent to Terms and Conditions

By registering for a Pine Outfitters account, you agree that you have read and understood the Terms of Use and agree that you will comply with same for as long as you use the Website.  Checking the acceptance box when you register for your account signifies your acceptance of these Terms of Use and your acknowledgement that you are legally bound by them.

Use of this Website

Access to, distribution and/or use of this Website is subject to all applicable laws and regulations.  To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  Each time you visit any area on the Website and/or register for any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy.  If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website. By having accepted these Terms of Use, and/or entering and participating in the activities offered on this Website, you affirm, represent and warrant that:  (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use

From time to time, these Terms of Use may change.  Pine Outfitters reserves the right to modify these Terms of Use without prior individual notice.  We will post changes to the Terms of Use on this Website and changes will become effective once posted.   Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use.  Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Description of Services

Pine Outfitters permits registered users to blog, post comments and feedback, by providing a social network that enables users to communicate with each other in public forums. Pine Outfitters also provides an online retail store featuring clothing and accessories that registered users may purchase directly from the Website.  

Ownership of the Website and Services

This Website and the Services provided by Pine Outfitters on the Website and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by Pine Outfitters.  Pine Outfitters hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Pine Outfitters’ intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials.  You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Pine Outfitters (collectively, “Pine Outfitters intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Pine Outfitters’ consent.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Pine Outfitters, is prohibited.  Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Ownership of Your Content

In connection with your use of the Website and our Services, you may upload and/or submit photographs, commentary and other content to the Website (your Content) You may access and change your Content at any time.  

You are legally responsible for your Content and shall use it as contemplated in these Terms and Conditions.  Pine Outfitters is not responsible for your Content.  You have and will retain full ownership of your Content, subject to the ownership rights of third parties.  You represent and warrant that you have all the rights necessary to your Content.  You are also responsible for any of your Content that may be lost or unrecoverable through your use of the Services.  

In order to provide you with the Services, we may need to access or otherwise process your Content.  By accepting these Terms of Use, you agree that we are permitted to access your Content for the purpose of providing the Services.  This use and permission do not give us any ownership rights in or to your Content, provided, however, that, subject to the Pine Outfitters Privacy Policy, by providing your Content to this Website, you grant Pine Outfitters a perpetual, worldwide, royalty-free irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, create derivative works and distribute your Content or portions of your Content in any form or medium known or later developed, in furtherance of the terms of these Terms of Use and the actions and transactions contemplated herein.  You agree that this license includes a right for Pine Outfitters to make your Content available to other companies, organizations or individuals with whom Pine Outfitters has relationships for the provision of services, to use your Content in connection with the provision of your services, and to use your Content for promotional purposes.

Provision of the Services by Pine Outfitters

Pine Outfitters seeks to provide the best possible experience for its users.  You acknowledge and agree that the form and nature of the Services which Pine Outfitters provides may change from time to time without prior notice to you.  As part of this continuing innovation, you acknowledge and agree that Pine Outfitters may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Pine Outfitters’ sole discretion.  Pine Outfitters may disable your account, with no notice to you if, in Pine Outfitters’ sole and subjective discretion, you are in violation of any of the Terms of Use.

You acknowledge and agree that if Pine Outfitters disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.  

No License

Upon your registration of a valid account and unless and until cancellation or termination of that account, you have the right to use the software provided to you by Pine Outfitters as part of the Services provided to you by Pine Outfitters (referred to as the “Software” below).  These Terms of Use do not grant you any right, title or interest in or to the Software, the Services or the other Content on the Website.  Unless Pine Outfitters has given you specific written permission to do so, you may not sell, transfer, assign or grant a license of your rights to use the Software or Services, grant a security interest in or over your rights to use the Software or Services, or otherwise transfer any part of your rights to use the Software or Services. Collectively, Materials, Software and Content on the Website that is not your Content are referred to in the Terms of Use and all other Pine Outfitters policy documents, including but not limited to the Privacy Policy, as “Content.”

Setting Up Your Account   

To access our Services, you must register with us and set up an account with a username and a password (your “Account”).  All information you provide must be truthful. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords.  You may connect to our Services directly through the Website with your email address or you may register through Facebook or Twitter.  If you sign up using Facebook or Twitter, you give us permission to access your information from that service and to store your log-in information for that service.  You must be at least 18 years old to set up an Account.  When you register, you will be asked to provide your name, a username and an email address.  Only your username will be publicly displayed.  You also have the option of posting a profile picture of yourself.  You may also include one or more shipping addresses, debit or credit card information and/or a link to your PayPal account.  The information you provide to Pine Outfitters is subject to our Privacy Policy.  Please see our Privacy Policy for information concerning the collection and use of Personal Information from this Website.   

Communicating on Pine Outfitters

Users of Pine Outfitters agree that you will not use threatening, harassing, obscene or racist language or imagery in any of your communications on or using the Website, including but not limited to in your blogs, postings, or comments.  You also agree that you will not disclose private or personal information about others without their consent in any of your communications.

If you have a dispute with Pine Outfitters relating to the Website or the Services, please contact us at contact@pineoutfitters.org and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving our Services.

Termination or Cancellation of Your Account

You may terminate your Account with Pine Outfitters at any time, at your sole discretion, by clicking the cancel button in the setting section of your Account. Terminating your Account will not affect the availability of some of your Content that you posted through the Services prior to termination. Terminating your Account also does not terminate any existing obligations you have to pay for merchandise you purchased prior to terminating your Account.

We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Pine Outfitters may refuse service to anyone, at any time, for any reason.

Purchasing From Pine Outfitters

By opening an Account and purchasing items from Pine Outfitters, you are agreeing to our Terms of Use, including those governing your purchases from and payments to Pine Outfitters.  If you violate the Terms of Use, we may cancel your Account.  

All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Stripe (www.stripe.com).  Please review carefully the terms and conditions of use on the Stripe website.  Pine Outfitters is not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Stripe terms.

Shipping

You will be responsible for applicable shipping fees. At the time you place an order with www.pineoutfitters.org, you will be provided with delivery and shipping options. You will be able to select from those options and the fees applicable to each will be disclosed at time of purchase.

Cancellations and Returns

You will have 15 calendar days from the date you received an item to return or exchange the item. In order to be eligible for a return or exchange, your item must be in the same condition as when you received it, and should be in the original packaging. You will need to provide a copy of your paid invoice or other proof of purchase in order to be eligible for a refund. If your return is approved, you will receive the credit within 7-14 days of approval of your refund, depending on the policies of your credit card issuer.

Use in the United States

This Website is intended for use within the United States, and we control and operate the Website from the United States.  We make no representation that materials on the Website are appropriate or available for use outside the United States.  If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links

The Website may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Pine Outfitters.  Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites.  By providing such links, Pine Outfitters shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites.  Pine Outfitters is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom.  Copyrights in the materials or information on the linked websites are owned by other organizations.  Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website.  Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Your Responsibilities

You must be a registered user to use the Services.  You do not have to be a registered user to visit and browse the Website.

You are responsible for your Content and your communications with others while using the Website and the Services.  You agree not to submit any Content that:  (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone’s copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.

You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the Website.

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.

You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your device to avoid disclosure of such.  You further agree that you will be responsible for all activity taken under your password and/or account.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Content. For purposes of this section, “Content” shall include your Content and Pine Outfitters’ Content.  

User Conduct

In connection with your use of the Website and the Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, Services or Content;
  • use the Website, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Pine Outfitters’ endorsement, partnership or otherwise misleads others as to your affiliation with Pine Outfitters;
  • dilute, tarnish or otherwise harm the Pine Outfitters brand in any way, including through unauthorized use of Content, registering and/or using Pine Outfitters or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Pine Outfitters’ domains, trademarks, taglines, promotional campaigns or Content
  • copy, store or otherwise access or use any information contained on the Website, Services or Content for purposes not expressly permitted by these Terms of Use;
  • infringe the rights of Pine Outfitters or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  • interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • “stalk” or harass any other user of our Website, Services or Content, through private message communications or otherwise, or collect or store any personally identifiable information about any other user other than for purposes expressly permitted by these Terms of Use or with the express consent of the other user;
  • register for more than one Pine Outfitters account or register for a Pine Outfitters account on behalf of an individual other than yourself;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Website, Services or Content;

Limitation of Liability and Warranty and Use Disclaimer

Pine Outfitters endeavors to make sure that all information and data it originates on the Website is accurate.  However, Pine Outfitters is not responsible for any damages or loss related to the use of this Website.  

THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.  PINE OUTFITTERS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER PINE OUTFITTERS (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

PINE OUTFITTERS MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF PINE OUTFITTERS’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Pine Outfitters is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Indemnity

Unless prohibited by law, you agree to indemnify Pine Outfitters, and each of its parent, subsidiary and affiliated entities (collectively, “Pine Outfitters Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your Content; (iii) your use of the Website; and/or (iv) any violation of these Terms of Use.  You agree that your representations and warranties, and your obligation to indemnify Pine Outfitters, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Pine Outfitters electronically, via email or otherwise, you consent to receive electronic communications from Pine Outfitters.  You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Pine Outfitters satisfy any legal requirement that such communication be in writing.  Pine Outfitters encourages you to retain your own copies of relevant information and your Content; however, upon your written request, Pine Outfitters will provide you with a copy of the information you provided to Pine Outfitters when creating your Account.  To make such a request please contact us at contact@pineoutfitters.org.  

With respect to all communications you make to Pine Outfitters directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Pine Outfitters shall have no obligation to protect your communications from disclosure; (ii) Pine Outfitters shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Pine Outfitters shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Acquisition of Business

In the event that Pine Outfitters and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Pine Outfitters and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.  If that occurs, Pine Outfitters will post a notice to such effect on this Website.

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at contact@pineoutfitters.org.

Copyright Infringement – Notice and Take-Down Policy

Pine Outfitters values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify Pine Outfitters’ Designated Agent in writing as follows:

Name of Designated Agent: Daniel Neeson

Address: Pine Outfitters

305 East 9th Street

Los Angeles, CA 90015

Telephone number:

Electronic Mail Address: contact@pineoutfitters.org.

In your notice, you must include the following:

  1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
  2. identification of the copyrighted work(s) that is (are) allegedly being infringed;
  3. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Pine Outfitters to locate such materials;
  4. contact information (i.e., name, address, email address) sufficient to enable Pine Outfitters to contact you;
  5. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable.  Downloading or using the Software is at your sole risk.  

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).  If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use.  No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Pine Outfitters of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Pine Outfitters’ failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction.  Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.  

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury. 

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.  

Notwithstanding anything to the contrary set forth in these Terms of Use, Pine Outfitters may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Pine Outfitters, in the event that Pine Outfitters believes that there is a violation, or a threatened violation, that has jurisdiction of any of Pine Outfitters’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.