Columbia Overland Terms of Use Agreement


Welcome to Columbiaoverland.com. The Columbia Overland Electronic Platforms are hosted by Columbia Overland, LLC. and its parent, subsidiaries and affiliates (collectively, “Columbia Overland,” “we,” or “us”). By using the Columbia Overland Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the Columbia Overland Electronic Platforms, you also 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 using the Columbia Overland Electronic Platforms. In addition, when you use any current or future version of the Columbia Overland Electronic Platforms, you also will be subject to the terms and conditions of this Agreement.

Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Columbia Overland Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy

Please review our privacy policy, which also governs your use of the Columbia Overland Electronic Platforms, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Orders

Columbia Overland only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Columbia Overland reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Columbia Overland believes that user conduct violates applicable law or is harmful to the interests of Columbia Overland or its affiliates.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Columbia Overland Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Columbia Overland or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Columbia Overland Electronic Platforms for any purposes.

Nothing stated or implied on the Columbia Overland Electronic Platforms confers on you any license or right under any copyright of Columbia Overland or any third party. The Columbia Overland Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Columbia Overland Electronic Platforms, or use the contents of the Columbia Overland Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Columbia Overland or its lawful successors and assigns.

Notice of Copyright Infringement

Columbia Overland respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Columbia Overland Electronic Platforms, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges. If you believe that your work has been copied and is accessible on the Columbia Overland Electronic Platforms in a way that constitutes copyright infringement, please provide Columbia Overland’s Copyright Agent with the following information: Identification of the copyrighted work claimed to have been infringed; Identification of the allegedly infringing material on the Columbia Overland Electronic Platforms that is requested to be removed; Your name, address, and daytime telephone number, and an email address if available, so that Columbia Overland may contact you if necessary; A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Columbia Overland’s Copyright Agent for notice of claims of copyright infringement on the Columbia Overland Electronic Platforms is Columbia Overland’s General Counsel, who can be reached as follows: Columbia Overland, LLC. Attn.: General Counsel 740 NE 3RD Street Suite 3 #132. Bend, OR 97701 email: sales@columbiaoverland.com

License and Access to Columbia Overland Electronic Platforms Columbia Overland grants you a limited license to access and make personal use of the Columbia Overland Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Columbia Overland. This license does not include any resale or commercial use of the Columbia Overland Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Columbia Overland Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Columbia Overland Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Columbia Overland. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Columbia Overland and our affiliates without express written consent. You may not use meta tags or any other hidden text using the Columbia Overland name or trademarks without the express written consent of Columbia Overland. Any unauthorized use terminates the permission or license granted by Columbia Overland. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Columbia Overland so long as the link does not portray Columbia Overland or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Columbia Overland logo or other proprietary graphic or trademark as part of the link without express written permission.

Third Party and Co-Branded Web Sites

The Columbia Overland Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Columbia Overland (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Columbia Overland to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Columbia Overland Electronic Platforms.

COLUMBIA OVERLAND IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Columbia Overland Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Columbia Overland. As a condition of your use of the Columbia Overland Electronic Platforms, you warrant that you will not use the Columbia Overland Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Columbia Overland Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Columbia Overland or any co-branded Web Site at the prices in effect when such charges are incurred.

You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. By using the Columbia Overland Electronic Platforms, you agree not to violate or attempt to violate the security of the Columbia Overland Electronic Platforms, including, without limitation, actions such as: Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Columbia Overland Electronic Platforms; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the Columbia Overland Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Columbia Overland. Title to products purchased on the Columbia Overland Electronic Platforms, as well as the risk of loss for such products, passes to you when Columbia Overland delivers these items to the carrier.

Product Information Columbia Overland attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Columbia Overland Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Columbia Overland products displayed on the Columbia Overland Electronic Platforms are available in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Columbia Overland Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Columbia Overland Electronic Platforms are quoted in U.S. Dollars.

Colors: We have made every effort to display as accurately as possible the colors of our products that appear on the Columbia Overland Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate. The Columbia Overland Guarantee Columbia Overland guarantees every product we sell. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to Columbia Overland for repair, replacement, or refund in accordance with Columbia Overland’s warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS ARE PROVIDED BY COLUMBIA OVERLAND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLUMBIA OVERLAND MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLUMBIA OVERLAND DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COLUMBIA OVERLAND, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COLUMBIA OVERLAND THROUGH THE COLUMBIA OVERLAND ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF 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.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Oregon. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your visit to Columbia Overland or to products you purchase through Columbia Overland shall be submitted to confidential arbitration in Oregon, United States of America, except that, to the extent you have in any manner violated or threatened to violate Columbia Overland’s intellectual property rights, Columbia Overland may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the Oregon Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification: You agree to defend, indemnify, and hold harmless Columbia Overland and its affiliates, successors and assignees, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Columbia Overland arising out of or relating to your use of the Columbia Overland Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions: We may discontinue the Columbia Overland Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Columbia Overland Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Columbia Overland Electronic Platforms at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Columbia Overland as a result of this Agreement or your use of the Columbia Overland Electronic Platforms. Nothing contained in this Agreement is in derogation of Columbia Overland’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Columbia Overland Electronic Platforms or information provided to or gathered by Columbia Overland with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Columbia Overland to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Columbia Overland Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Columbia Overland and you regarding the Columbia Overland Electronic Platforms and their contents. All rights not expressly granted herein are hereby reserved. Considerations for Non-U.S. Customers Columbia Overland’s headquarters are located in the United States, and the Columbia Overland Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Columbia Overland Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Columbia Overland Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

EFFECTIVE DATE: March 26, 2014