Wear Pact may refuse any order you place with us. We may limit or cancel quantities on 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 we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number associated with the order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
Unless otherwise noted, the Site, all materials on the Site, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Wear Pact The Site and the Contents are intended solely for personal, non-commercial use. You may temporarily download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any way any of the Contents or the Site.
Wear Pact welcomes user comments. If you send creative ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Wear Pact may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to Wear Pact Wear Pact is 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 reserve the right to monitor, edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way harm or otherwise affect the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Wear Pact or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Wear Pact takes no responsibility and assumes no liability for any Comments posted by you or any third party.
While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.
While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.
By submitting a telephone number to Wear Pact you agree that a representative of Wear Pact can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
When using our Site, you shall not post or send to or from either the Site:
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
We reserve the right to: change, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer promotions to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any change, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
All products displayed on the Site are available exclusively at the Site. The prices displayed on the Site are quoted in U.S. Dollars. These products may have limited quantities.
We make every effort to display the colors of our products that appear on the Site as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate.
At times, there may be information on our Site containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, offers, and/or availability. We may, at any time and without prior notice, correct any errors, inaccuracies and/or omissions, change or update information, or cancel orders if any information on the Site is inaccurate.
The Site may contain links to other Web sites that are not under the control of Wear Pact Wear Pact has no responsibility for the linked Websites nor does linking constitute an endorsement of any linked website.
The Site is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Wear Pact expressly disclaims any duty to update or revise the materials on the Site. Your use of the Site is at your sole risk, and you agree to assume full responsibility for any costs associated with your use of the Site. Wear Pact shall not be liable for any damages of any kind related to your use of the Sites.
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You agree to defend, indemnify and hold Wear Pact harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, both you and Wear Pact agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Wear Pact at: Wear Pact, 3200 Carbon Place, Suite 102, Boulder, CO, 80301, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Wear Pact agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
These terms are effective unless and until terminated by either you or Wear Pact. You may terminate this Agreement at any time. Wear Pact also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Wear Pact LLC
3200 Carbon Place, Suite 102
Boulder, CO 80301
Effective Date: December 20, 2019