AGREEMENT BETWEEN USER AND GOSSAMERGEAR.COM :
Welcome to gossamergear.com. The gossamergear.com website (“the Site”) is comprised of various web pages operated by Gossamer Gear Inc. gossamaergear.com is offered to you on the condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the gossamergear.com website constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
Gossamer Gear Inc. is a small, passionate company whose mission is to improve your experience with backpacking. We create and manufacture backpacks, trekking poles, tarps, shelters, and other UL backpacking equipment that will lighten your load and, therefore, further enhance your enjoyment on the trail. We believe in everything we sell and we love teaching and advocating lightweight and ultra-lightweight backpacking.
ELECTRONIC COMMUNICATIONS :
Visiting gossamergear.com or sending emails to Gossamer Gear Inc. may constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT :
If you use this site, you are responsible for maintaining the confidentiality of your account and password. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gossamer Gear Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Gossamer Gear Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Gosssamer Gear Inc. will cancel a customer order if we are notified prior to the item being shipped from our location. If said order has already left our facility, we will NOT recall the shipment. The customer is responsible at that point to either refuse the package or ship the package back to our location to be processed as a return. The shipping charges for orders that have left our facility will not be refunded to the customer.
Please contact firstname.lastname@example.org with any questions.
LINKS TO THIRD PARTY SITES / THIRD PARTY SERVICES:
gossamergear.com may contain links to other websites (“Linked Site”). The Linked Sites are not under the control of Gossamer Gear Inc. and Gossamer Gear Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gossamer Gear Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gossamer Gear Inc. of the site or any association with its operators.
Certain services made available via gossamergear.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the gossamergear.com domain, you hereby acknowledge and consent that Gossamer Gear Inc. may share such information and data with any third party with whom Gossamer Gear Inc. may have a contractual relationship to provide the requested product, service or functionality on behalf of gossamergear.com users and customers.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY :
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gossamer Gear Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any change thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gossamer Gear Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in ant content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gossamer Gear Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gossamer Gear or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS :
The Service is controlled, operated and administered by Gossamer Gear from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gossamer Gear Content accessed through gossamergear.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Gossamer Gear Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gossamer Gear Inc. reserves the right at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gossamer Gear Inc. in asserting any available defenses.
LIABILITY DISCLAIMER :
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOSSAMER GEAR INC. AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES IN THE SITE AT ANY TIME.
GOSSAMER GEAR AND/OR ITS SUPPLIERS MAKE NO REPRESETATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINES, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “ AS IS” WITHOUT WARRANTY UNLESS STATED BY GOSSAMER GEAR INC.. GOSSAMER GEAR INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OR CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOSSAMER GEAR, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCEDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILILTY OR OTHERWISE, EVEN IF GOSSAMER GEAR OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ Access Restriction :
Gossamer Gear Inc. reserves the right in its sole discretion to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gossamer Gear Inc. as a result of this agreement or use of the Site. Gossamer Gears performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gossamer Gears right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gossamer Gear Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gossamer Gear Inc. with respect to the Site and it supersedes all the prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gossamer Gear Inc. with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES to TERMS :
Gossamer Gear Inc. reserves the right, in its sole discretion, to change the Terms under which gossamergear.com is offered. The most current version of the Terms will supersede all previous versions. Gossamer Gear Inc. encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US :
Gossamer Gear Inc. welcomes your questions or comments regarding the Terms. Please contact us with any you may have:
3512 B Montopolis Dr.
Austin, TX 78744-1418