Terms of Service
Last Updated: November 21, 2014.
This website available at http://www.alpsandmeters.com/ (“Site”) is operated by Alps & Meters, LLC ("Alps & Meters", “we”, “us” and “our”). Alps & Meters offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Service (“Terms of Service” or “Terms”). By visiting our Site purchasing something from us, or receiving any related services from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced or hyperlinked in these Terms. These Terms of Service apply to all users of the Site and recipients of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using any part of the Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Service. Any new features or tools which are added to the Service shall also be subject to the Terms of Service.
Notice of Agreement to Arbitrate and Class Action Waiver
If you are a resident of the United States or access, use or receive the Service in the United States, by accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure) and class action waiver described in Section 10(C) of these Terms to resolve any disputes with Alps & Meters.
Modifications to the Terms
You can review the most current version of the Terms of Service at any time. We reserve the right to update, change or replace any part of these Terms of Service. We will use commercially reasonable efforts to notify you of changes to these Terms that we believe are material, by posting a notice on the Site or similar means. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
1. ABOUT THE SERVICE
Through the Service, we aim to provide high quality performance outerwear and related content. All of the products and services made available for purchase on or through the Service are referred to in these Terms collectively as “Products” and each as a “Product.”
B. Modifications to the Service and the Products
We reserve the right (but not the obligation) to modify any and all content and information available on or through the Service, including but not limited to descriptions and specifications of products and services available for purchase on or through the Service (each such product or service, a “Product”), Product photos and blog posts (all such content and information, collectively, “Service Content”) at any time. You agree that it is your responsibility to monitor changes to the Service and Service Content. Without limiting the foregoing, prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue any Product and/or the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product or the Service.
Children under the age of 13 may not access or use the Service and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may access and use the Service under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any Product via the Service. Products may be purchased only by individuals who are 18 years of age or older. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Service and purchase of any Products in violation of these Terms, including all legal liability he or she may incur. A breach or violation of any of the Terms will result in an immediate termination of your right to use the Service. Subject to these Terms, we grant to you a personal, limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial purposes. We reserve the right to refuse access to or use of the Service to anyone for any suspected violation of these Terms, as determined in our sole discretion, at any time.
D. Your Account
Access to parts of the Service requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Service with your account. You agree to notify Alps & Meters promptly of any unauthorized use of your account or password.
2. YOUR INFORMATION AND COMMENTS
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for all of your information and its accuracy.
You understand that your information (not including payment card information), may be transferred unencrypted over various networks and modified to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree to provide current, complete and accurate purchase and account information for all Product purchases made through the Service. You agree to keep your account and other information, including your email address and credit card numbers and expiration dates, updated at all times so that we can complete your transactions and contact you as needed.
For more detail, please review our Return and Exchange Policy, which is hereby incorporated by reference into these Terms.
3. SERVICE CONTENT, PRODUCTS, THIRD-PARTY PRODUCTS AND SERVICES
A. Service and Service Content Provided “As Is”
The Service and all Service Content are available to you on an “as is” basis, without any warranties whatsoever. We are not responsible or liable if any Service Content is not accurate, complete or current. The Service Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on Service Content is at your own risk. Without limiting the generality of the foregoing, we also cannot guarantee that Product descriptions (including descriptions of colors) and Product images will be accurate.
Returns or exchanges of our Products are only permitted in accordance with our Return and Exchange Policy. Certain Products may be available exclusively online through the Site. Certain Products may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product is void where prohibited. We do not warrant that the quality of any Products, the Service, Service Content, or any other information or material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any Product order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
C. Third-Party Tools
We may provide you with access to third-party tools over which we do not monitor or control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of third-party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
D. Third-Party Links
The Service may include links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. We are not liable for any harm or damages related to the purchase or use of any third party goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the applicable third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding any third-party products or services should be directed to the applicable third party.
4. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you post or submit any content submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use and exploit, in any medium, and in any commercial or non-commercial manner, any such comments. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service. We take no responsibility and assume no liability for any comments posted by you or any third party.
5. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information available on or through the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
6. USE OF THE SERVICE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or Service Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on or made available through the Service, without our express written consent in each instance.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The service and all products and services delivered to you through the service are (except as expressly stated by us IN THESE TERMS OR THE RETURN AND EXCHANGE POLICY) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. WITHOUT LIMITING THE FOREGOING, We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free, AND We do not warrant THAT THE SERVICE OR THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. You expressly agree that your use of, or inability to use, the Service is at your sole risk. IN NO CASE SHALL ALPS & METERS, 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, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Alps & Meters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your breach of these Terms of Service, or your violation of any law or the rights of a third party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time when you cease using the Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof). In the event of any termination of these Terms, all rights and licenses granted to you under these Terms shall immediately terminate. The following sections shall survive any termination of these Terms: Sections 2-4 and 7-11.
10. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 10 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
A. Informal Process First
You agree that in the event of any dispute between you and Alps & Meters, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Service and/or Products, or relating in any way to our communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Alps & Meters. However, this arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access the Service and the date you receive any part of the Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Alps & Meters are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Alps & Meters, Attn: Legal, 269 Shawmut Avenue #4, Boston, MA 02118. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Massachusetts law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 10(C) below.
If you do not want to arbitrate disputes with Alps & Meters and you are an individual, you may opt out of this arbitration agreement by sending an email to [email@example.com] within thirty (30) days of the first of the date you access the Service and the date you receive any part of the Service.
C. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Alps & Meters each waive any right to a jury trial.
Jurisdictional Issues. Alps & Meters makes no representation that the Service and Products are appropriate or available for use outside the United States. Those who choose to access and/or use the Service and/or Products or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Service may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Alps & Meters intends to announce or make available such products or services to the general public, or in your country. Contact Alps & Meters at firstname.lastname@example.org to determine which products and services may be available to you.
Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. Any disputes arising out of or related to these Terms or the Service that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Suffolk County, Massachusetts and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
Entire Agreement; Waiver; Severability. The failure of Alps & Meters to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service, which are hereby incorporated into these Terms, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. We may assign these Terms at any time without notice to you.
Force Majeure. We will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control.
Contact Information. Questions about the Terms of Service should be sent to us at email@example.com or by post to Alps & Meters, Re: Terms of Service, 269 Shawmut Avenue #4, Boston, MA 02118.