Consent to Terms and Conditions
Use of this Website
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
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.
Provision of the Services by Pine Outfitters
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.
Setting Up Your Account
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.
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
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.
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.
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.
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;
- 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
- 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;
- 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.
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 email@example.com.
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.
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
Electronic Mail Address: firstname.lastname@example.org.
In your notice, you must include the following:
- 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;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- 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;
- contact information (i.e., name, address, email address) sufficient to enable Pine Outfitters to contact you;
- 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
- 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
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.