MOOSEJAW'S TERMS and CONDITIONS
New Moosejaw, LLC ("Moosejaw" or "we", "us", "our"), provides access to the Moosejaw website, located at www.moosejaw.com (the "Site") because we love you. Our attorney loves you too but insists that your use of the Site is subject to your acceptance of this Website User Agreement ("Agreement").
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Moosejaw by Email before using the Site.
This Agreement is broken into two parts. The first part applies to all users of the Site. The second party applies only to those who make purchases from the site or participate in Moosejaw's Rewards Program, certain promotions and other special offers.
PART ONE: WEBSITE USER AGREEMENT
1. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement. We love all of our Users, especially those who buy lots of stuff from us.
3. Use of the Site
You understand that Moosejaw is good, but not perfect. Therefore, we cannot and do not guarantee that the Site will be free of infection from viruses or other mean computer stuff that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Sorry about those big words. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
4. Risk: Internet Use
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE MEAN PEOPLE IN THE INTERNET WORLD AND THEREFORE, ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.
5. No Warranties
DUE TO STUFF THAT WE UNFORTUNATELY CAN'T CONTROL, MOOSEJAW DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MOOSEJAW DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, OTHER THAN MOOSEJAW'S PRODUCT GUARANTEE. (See Moosejaw's Guarantee.)
MOOSEJAW SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
6. System Outages
Moosejaw periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. We are sorry, but Moosejaw shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Moosejaw and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Moosejaw's defense of any claim. Moosejaw reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Moosejaw.
8. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content"), is the property of Moosejaw and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights laws. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Moosejaw.
You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site or the Content. Certain Content may be licensed from third parties, and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third party licensors. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Moosejaw.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Moosejaw or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any copyright owned by Moosejaw or any third party.
9. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Moosejaw's policy regarding copyright infringement and Moosejaw's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Moosejaw respects the intellectual property rights of others and requires those that visit our web site to do the same. Moosejaw may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Moosejaw also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe upon the copyrights of others, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Moosejaw's copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Moosejaw's copyright agent for notice of claims of copyright infringement on this website is Eoin Comerford, who can be reached as follows:
Mail: 32200 North Avis Suite 100
Madison Heights, MI 48071
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST TO PROCURE SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF MOOSEJAW OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL MOOSEJAW'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO MOOSEJAW FOR THE USE OF THE SITE BY YOU, OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF MOOSEJAW, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
11. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Moosejaw has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Moosejaw does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
12. International Users
Moosejaw makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see more important information about International Ordering.
The United States Postal Service does not have the ability to track international packages (including shipments to Canada). Even though you may not have chosen USPS we sometimes ship USPS to save money on shipping and keep your shipping costs down. If you are concerned about this please call us at 877-MOOSEJAW (877-666-7352) or at 248.246.4000 before you place your order so that we can solve any potential issues. Just to reiterate, under the circumstances described the tracking is out of our hands, so don't get mad at us if we cannot give you the exact location of your package.
13. User Feedback
14. Acceptable and Lawful Use of the Site
Since we love you, we expect that you will love us back too. It's nice to be loved. Therefore, any information provided to Moosejaw in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Moosejaw or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam"). Spam is not nice.
15. Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password, account number, and Moosejaw membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Moosejaw shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
PART II - TERMS OF SALE; CERTAIN PROMOTIONS; REWARDS
16. No Resale
We reserve the right to cancel any order and/or prevent access by any person or entity to the Site at any time, with or without cause. By using this Site or purchasing products from the Site, you agree not to purchase products from the Site (a) intentionally for the purpose of resale, or (b) for direct shipment or export of such product to any third party, other than for the purposes of sending a personal gift to a third party. We reserve the right to limit the quantity of items purchased per person, per household or per order for any reason and, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling means purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.
17. Purchase and Product Pricing
Sometimes, but not often, we make a mistake concerning the price or availability of a product. After all, nobody, except my friend's cat Heidi, is perfect, and even she sometimes has an accident. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, incorrect product information or otherwise, Moosejaw shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Sorry. Moosejaw shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. Sorry again. If the User's credit card has already been charged for the purchase and his/her order is canceled, Moosejaw shall issue a credit to the User's credit card account in the amount of the charge.
18. Returns and Exchanges
Moosejaw has a wicked sweet return and exchange policy (the guys at the Natick store told us to say that). We accept returns on most items as long as they're still in sellable condition, and offer two convenient options for requesting an exchange. For the full low-down on our policy, an explanation of what "sellable" means, directions about how to make a return or exchange, and a pretty decent knock-knock joke, visit the Return/Exchange page. (Just kidding. There are no decent knock-knock jokes.) Items accepted for return from large orders are subject to a restocking fee to be specified prior to order acceptance. Items accepted for return from large orders are subject to a restocking fee to be specified prior to order acceptance.
19. Footwear Exchanges
Moosejaw offers FREE EXCHANGES on footwear. This means that if you need a different size or color or just want a different shoe, boot or sandal, send it back before you wear it outside, and we will pay for the shipping to bring it back to us and won't charge you for the shipping to send the exchanged item back to you either. Click here to create your prepaid return label. We define footwear as something that you could fire walk in without getting burned on the bottom of your feet, immediately that is. Meaning the following are excluded: socks, sock liners, insoles, liners, crampons, laces and gaiters. The following are also excluded even though your feet are required: ski boots, snowboard boots, snowshoes, and Yaktrax. Moosejaw does not condone fire walking.
20. Shipping Oversized Packages
If for some reason your package is really, really big, we may email you a quote for shipping that differs from the amounts listed on www.moosejaw.com/moosejaw/shop/content_shipping____. We won't ship your order until we get your approval. Now go give your FedEx driver a big hug.
21. Design A T Shirt Agreement
This Agreement sets forth the terms and conditions you agree to by submitting a design idea through the Moosejaw web site/email. We set up this form to allow the many consumers like yourself to submit designs to us. This Agreement is intended to avoid misunderstandings. Please read and consider the terms of this Agreement carefully before deciding whether or not to submit your design. Moosejaw will not review or consider a design from you unless you have agreed to the terms and conditions of this Agreement. Sorry for being so mean about it.
Most of the ideas which are new and useful to us come from people who work at Moosejaw. Many outside designs are already known or available to us, are in our files for future use or development, or have already been tried or exhausted. However, if you have a strikingly new, unusual or different idea, we want to hear about it!
If we decide to use an idea submitted by you, we may, but are not obligated to, provide you with a prize or nominal award for your design, such as public recognition or other stuff. Any prize or award for an idea used by Moosejaw shall be given solely at Moosejaw's discretion.
In addition to the other terms and conditions of this Policy and Agreement, by submitting a design to Moosejaw, you represent and agree as follows:
Anything you submit to us through the website/email that is used by Moosejaw shall be owned by Moosejaw.
The logos on the Moosejaw website are the property of New Moosejaw, LLC and cannot be used for any purpose other than submitting a design through the Moosejaw website/email to be used by Moosejaw for Moosejaw.
Anything you submit to us through the website/email is not confidential, and Moosejaw has no duty or obligation to hold it in confidence.
You are not aware that your design is owned or claimed to be owned by a third party or that it infringes the patent, copyright, trademark or other intellectual property rights of another.
You are not an employee of Moosejaw. Employees of Moosejaw are not eligible to submit designs pursuant to this Agreement and Policy.
Although Moosejaw may, from time to time, provide a prize or award for useful designs, it does so in its sole discretion and is not required to do so.
Any award or prize given to you by Moosejaw is accepted by you in full consideration of your design.
You do not rely, in submitting your design, on any expectation, understanding, prior communication, or contract you believe is implied, and you understand that only the terms written in this Agreement apply to your submission of your designs.
You are at least eighteen (18) years of age.
We encourage you to seek any legal protection of your suggestion that may be available (such as patent, copyright, trademark or other intellectual property protection) before you submit your design to us, or to anyone else. We urge you to consult with an attorney if you are unsure of whether, or how, your design may be protected by law, and before submitting any design for which compensation is sought or for which you seek to submit on terms or conditions other than those stated in this Agreement.
This Agreement is entered into in the State of Michigan. It, and any dispute arising under or in connection with it, shall be interpreted under the laws of the State of Michigan (not including conflicts of laws provisions), and, regardless of where you live, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Michigan. No joint venture, partnership, agency, or employment relationship exists between Moosejaw and you by virtue of your submitting a design and entering into this Agreement.
22. Paddling Safety Agreement
Get qualified instruction for the type of craft and equipment you will use, and follow safe practices. In addition:
Always wear a USCG-approved personal flotation device (PFD or life vest).
Obtain certified first-aid training and carry rescue/safety equipment.
Guard against hypothermia-dress appropriately for weather and water conditions.
Be aware of river water levels, tidal changes, dangerous currents, underwater hazards, and weather changes.
Never paddle in flood conditions and never paddle alone.
Review your owner's information package periodically.
I UNDERSTAND THAT PADDLING INVOLVES CERTAIN RISKS INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY OR DEATH. I FREELY AGREE TO ASSUME FULL RESPONSIBILITY FOR THE RISKS INVOLVED.
23. Moosejaw Rewards
Use of points under Moosejaw's Rewards Program constitutes acceptance of all of that program's terms and conditions, except where prohibited by law. Moosejaw reserves the right to change any policy, term or condition of the Moosejaw Rewards Program or cancel the program at any time. Moosejaw also reserves the right to exclude any person from the Moosejaw Rewards Program if that person violates or breaches this Agreement or any term or condition of the Moosejaw Rewards Program in anyway. We still love you though.
24. Miscellaneous Stuff: Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Shipping Via US Mail; Gift Card Terms and Conditions; Coupons and other promotional discounts
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. Any delay or failure by Moosejaw, at any time or times, to require performance of any provision hereof shall in no manner affect Moosejaw's right at a later time to enforce such provision. No delay or failure by Moosejaw in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Moosejaw. Moosejaw may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Moosejaw and you pertaining to the subject matter hereof.
In order to protect our customers Moosejaw reserves the right to ship packages signature required. Please call us at 248.246.4000 if this creates a problem for you. Love you.
Click here for Gift Card Terms and Conditions.
You cannot combine promotions such as coupon codes or discounts or gifts with purchase on the same order. You can only use one promotion per order.
Coupons and Other Promotional Discounts
Coupons and other promotional discounts may be in place, and certain exclusions may apply. Moosejaw reserves the right to change its coupons and promotional discounts without notice to you or any of its customers. (Sorry. It seems mean but we have to do it.)
25. Updates and Modifications
In its sole discretion, Moosejaw may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Moosejaw reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, Email Us.
Moosejaw may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by Email or at 877-666-7352 (Mon - Thurs 8:00am - 9:00pm, Fri 8:00am - 7:00pm, Sat - Sun 10:00am - 5:00pm est).
Amended: September 25, 2014
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