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Outfitter Tuff Brand Products, Outdoor Families, Inc. Terms and
Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING
THIS WEB SITE (THE "SITE") OPERATED BY Outfitter Tuff Brand
Products, Outdoor Families, Inc. YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and
conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject
to change without prior notice at any time, in Outfitter Tuff®
Brand Product's sole discretion. By visiting, browsing,
shopping, accessing or otherwise using the Site after a change
has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement and the Privacy
Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Outfitter Tuff Brand
Products, Outdoor Families, Inc. (References to "you" or "your"
shall relate to a customer of Outfitter Tuff Brand Products,
Outdoor Families, Inc. or other party that visits, browses,
shops, accesses or otherwise uses the Site (the "Customer");
references to "Outfitter Tuff Brand Products, Outdoor Families,
Inc." shall relate to Outfitter Tuff Brand Products, Outdoor
Families, Inc. and its affiliates.) By visiting, browsing,
shopping, accessing or otherwise using this site ("Site"), you
acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws
and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User
Agreement, as it may be changed by Outfitter Tuff Brand
Products, Outdoor Families, Inc. from time to time, do not use
this Site. The material provided on this Site is protected by
law, including, but not limited to, United States copyright law
and international treaties. This Site is controlled and operated
by Outfitter Tuff Brand Products, Outdoor Families, Inc. from
its offices within the United States. Outfitter Tuff Brand
Products, Outdoor Families, Inc. makes no representation that
materials in the Site are appropriate or available for use in
other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to
access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable
local laws.
Any claim relating to, and the use of, this Site and the
materials contained herein is governed by the laws of the state
of VA without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in USA
County, VA to hear any such claims.
Access, Interference and Linking
Outfitter Tuff Brand Products, Outdoor Families, Inc. grants you
a limited license to access and make personal use of the Site
and not to download (other than page caching) or modify it, or
any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Outfitter Tuff
Brand Products, Outdoor Families, Inc..
The following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other
automatic device, or manual process to monitor or copy portions
of the Site or the content contained herein without prior
written permission by Outfitter Tuff Brand Products, Outdoor
Families, Inc.; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of
another merchant that supplies products competitive with or
comparable to those offered on the Site; and, Any use of, visits
to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Outfitter
Tuff Brand Products, Outdoor Families, Inc. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink
to the home page of the Site so long as the link does not
portray Outfitter Tuff Brand Products, Outdoor Families, Inc.,
its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may
not use any Outfitter Tuff Brand Products, Outdoor Families,
Inc. logo or other proprietary graphic or trademark as part of
the link without express written permission.
Outfitter Tuff Brand Products, Outdoor Families, Inc. does not
review or control third-party sites that link to or from the
Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Outfitter Tuff Brand Products, Outdoor Families, Inc. or by the
original creator of the material. Except as stated herein, none
of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the
prior written permission of Outfitter Tuff Brand Products,
Outdoor Families, Inc. or the copyright owner. Permission is
granted to display, copy, distribute and download the materials
on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may not,
without Outfitter Tuff Brand Products, Outdoor Families, Inc. 's
prior written permission, "mirror" any material contained on
this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered trademarks are the sole property
of their respective owners. Photographs courtesy of respective
manufacturers. Outfitter Tuff Brand Products, Outdoor Families,
Inc. are trademarks of Outfitter Tuff Brand Products, Outdoor
Families, Inc. Copyright © 2006 Outfitter Tuff Brand Products,
Outdoor Families, Inc..
Microsoft and the Passport Logo are either registered trademarks
or trademarks of Microsoft Corporation in the United States
and/or other countries and are used under license from
Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Outfitter Tuff Brand Products, Outdoor
Families, Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Outfitter
Tuff Brand Products, Outdoor Families, Inc. OR A Outfitter Tuff
Brand Products, Outdoor Families, Inc. AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services made
available through this Site, you agree with Outfitter Tuff Brand
Products, Outdoor Families, Inc., its service providers, agents,
employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider or offer or of goods or
services on this Site or through any other associated activity,
that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM
OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR
OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM
(the "Code") in effect at the time the claim is filed. The Code
is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this User Agreement, this
arbitration agreement is subject to the Federal Arbitration Act
(9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if
any In-person Hearing is required, it shall be held in Roanoke,
VA. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete
arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit
to this Site.
You are responsible for maintaining the confidentiality of your
account and password and for restricting access to your
computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are
under 18, you may use the Site only with a parent or guardian.
Outfitter Tuff Brand Products, Outdoor Families, Inc. reserves
the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
Communications to Outfitter Tuff Brand Products, Outdoor
Families, Inc.
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or
post may be used by Outfitter Tuff Brand Products, Outdoor
Families, Inc. for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Outfitter Tuff Brand Products, Outdoor
Families, Inc. is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to Outfitter
Tuff Brand Products, Outdoor Families, Inc. or the Site for any
purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
Outfitter Tuff Brand Products, Outdoor Families, Inc.
3434 Buck Mountain Rd
Roanoke VA, 24018
Phone: 800-843-2266
Fax: 540-777-1819
Email:
outfittertuff@outfittertuff.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this
User Agreement, please do not visit, browse, shop, access or
otherwise use this Site.
Outfitter Tuff Brand Products, Outdoor Families, Inc. Terms and
Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE
AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND
ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED
A SEPARATE FORMAL PURCHASE AGREEMENT WITH Outfitter Tuff Brand
Products, Outdoor Families, Inc.. IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and
Outfitter Tuff Brand Products, Outdoor Families, Inc.. The
Customer accepts this Sale Agreement by making a purchase,
placing an order, or otherwise shopping on the Site. (References
to "you" or "your" shall relate to the Customer; references to
"Outfitter Tuff Brand Products, Outdoor Families, Inc." shall
relate to Outfitter Tuff Brand Products, Outdoor Families, Inc.
and its affiliates.) The terms and conditions of this Sale
Agreement are subject to change without prior notice, except
that the terms and conditions posted on the Site at the time the
Customer initially places or modifies an order will govern the
order in question.
This Sale Agreement constitutes the entire agreement between the
Customer and Outfitter Tuff Brand Products, Outdoor Families,
Inc. relating to the purchase or sale of goods or services on
the Site. The Sale Agreement may only be modified or terminated
with regard to goods or services that have been purchased or
sold on the Site in a writing signed by Outfitter Tuff Brand
Products, Outdoor Families, Inc.. Electronic records (including
signatures), that are otherwise valid, shall be accepted under
the Sale Agreement. The Customer consents to receiving
electronic records, which may be provided via a web browser or
e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Outfitter
Tuff Brand Products, Outdoor Families, Inc. at the address
provided below.
In the event of any conflict between the terms and conditions
stated on your purchase order and this Sale Agreement or any
terms and conditions on our invoice, you agree that the
provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF VA, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL
OR STATE COURTS LOCATED IN USA COUNTY, VA FOR PURPOSES OF ANY
SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title
passes to the purchaser. Loss or damage that occurs during
shipping by a carrier selected by Outfitter Tuff Brand Products,
Outdoor Families, Inc. is Outfitter Tuff® Brand Product's
responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility. Title
to software will remain with the applicable licensor's).
Export Sales
If goods herein being purchased are being purchased for purposes
of export, the Customer must obtain from the federal government
certain export documentation before shipping to a foreign
country. In addition, manufacturers' warranties for exported
goods may vary or even be null and void for goods exported
outside the United States. The Customer should inquire further
regarding any questions. Any and all liability is only for the
products purchased.
General Legal Disclaimer
Outfitter Tuff Brand Products, Outdoor Families, Inc. HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Outfitter Tuff Brand Products, Outdoor Families, Inc. IN NO WAY
AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates,
terms and conditions.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and
offers, Outfitter Tuff Brand Products, Outdoor Families, Inc.
reserves the right to make adjustments due to changing market
conditions, product discontinuation, manufacturer price changes,
errors in advertisements and other extenuating circumstances.
High volume bids are welcome!
While Outfitter Tuff Brand Products, Outdoor Families, Inc. uses
reasonable efforts to include accurate and up-to-date
information on the Site, Outfitter Tuff Brand Products, Outdoor
Families, Inc. makes no warranties or representations as to the
Site's accuracy. Outfitter Tuff Brand Products, Outdoor
Families, Inc. assumes no liability or responsibility for any
errors or omissions in the content on the Site.
Limitation of Liability
Outfitter Tuff Brand Products, Outdoor Families, Inc. WILL NOT
BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Outfitter
Tuff Brand Products, Outdoor Families, Inc. WILL NOT BE LIABLE
FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST
OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
Outfitter Tuff Brand Products, Outdoor Families, Inc. IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE'S)
UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE
CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement
(including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this
Sale Agreement), Outfitter Tuff® Brand Product's advertising, or
any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM
(the "Code") in effect at the time the claim is filed. The Code
is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this Sale Agreement, this
arbitration agreement is subject to the Federal Arbitration Act
(9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if
any In-person Hearing is required, it shall be held in Roanoke,
VA. Judgment on the award rendered by the arbitrator's) may be
entered by any court having jurisdiction. Each party shall bear
its own cost of any legal representation, discovery, or research
required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Outfitter Tuff Brand Products,
Outdoor Families, Inc. until accepted by Outfitter Tuff Brand
Products, Outdoor Families, Inc.. Terms of payment are within
Outfitter Tuff® Brand Product's sole discretion. Invoices are
due and payable within the time period noted on the invoice,
measured from the date of the invoice. Outfitter Tuff Brand
Products, Outdoor Families, Inc. may invoice parts of an order
separately. Customer agrees to pay interest on all past-due sums
at the highest rate allowed by law. The Customer is responsible
for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
Outfitter Tuff Brand Products, Outdoor Families, Inc. account
manager for our most current and competitive rates, options and
shipping specials. For the Customer's protection, we ship only
to the verified billing address of the Customer's credit card.
In some circumstances, international shipping may be available.
Call 800-843-2266 for details.
Return Policy
The following refund policy applies to all products except those
stating their own refund policy with the product description:
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Outfitter Tuff Brand Products, Outdoor Families, Inc. offers
a 30 days return policy on selected items based on
manufacturer return policies. For further information not
listed, please contact your Outfitter Tuff Brand Products,
Outdoor Families, Inc. account manager.
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Please call 800-843-2266 or e-mail our Returns Department at
outfittertuff@outfittertuff.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your
product. NO returns of any type will be accepted without an
RMA number. For faster service, please have the following
information on hand when calling for an RMA number: customer
name, invoice number, serial number and nature of the
problem.
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If garments are found to be laundered upon return, Outfitter
Tuff Brand Products, Outdoor Families, Inc. will return the
garment with a written note of explanation.
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You are responsible for shipping charges on returned items;
Outfitter Tuff Brand Products, Outdoor Families, Inc. will
match your shipping method on your replacement or exchange
item's).
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Outfitter Tuff Brand Products, Outdoor Families, Inc.
strongly recommends you fully insure your return shipment in
case it is lost or damaged and you use a carrier that can
provide you with proof of delivery for your protection.
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If merchandise arrives damaged: it is best to
REFUSE
it back to the carrier attempting delivery. If you accept
the package make sure it is noted on the carrier's delivery
record in order for Outfitter Tuff Brand Products, Outdoor
Families, Inc. to file a damage claim. Save the merchandise
AND the original box and packing it arrived in, notify
Outfitter Tuff Brand Products, Outdoor Families, Inc.
immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify Outfitter
Tuff Brand Products, Outdoor Families, Inc. of damaged goods
within the first 15 days of arrival, our regular return
policy will override any claim of damage, and will fall
under all current manufacturer restrictions. Call
800-843-2266 or your Outfitter Tuff Brand Products, Outdoor
Families, Inc. account manager to arrange for carrier
inspection and a pick up of damaged merchandise.
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DEFECTIVE returns can be returned directly to Outfitter Tuff
Brand Products, Outdoor Families, Inc. within 30 days from
the invoice date, at Outfitter Tuff® Brand Product's
discretion for: credit, replacement, exchange or repair.
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Manufacturer restrictions do apply and are outlined in our
detailed policy. Any item that is missing the UPC can ONLY
be replaced with the same item. After 30 days, all
manufacturers' warranties apply.
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NON-DEFECTIVE returns can be accepted directly by Outfitter
Tuff Brand Products, Outdoor Families, Inc. within 30 days
from the invoice date, at Outfitter Tuff® Brand Product's
discretion for: credit, exchange. All NON-DEFECTIVE returns
are subject to a 0 percent restocking fee.
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No Custom Embroidered items may be returned at any time.
Outfitter Tuff Brand Products, Outdoor Families, Inc. reserves
the right to authorize product returns beyond 30 days from the
invoice date. Original shipping charges are
non refundable
on returned items. Customers are responsible for all shipping
charges back to Outfitter Tuff Brand Products, Outdoor Families,
Inc. on returned items, and Outfitter Tuff Brand Products,
Outdoor Families, Inc. will pay the shipping charges on the
replacement or exchange item's) going back.
Check payment policy
Outfitter Tuff Brand Products, Outdoor Families, Inc. will
accept a cashiers check or money orders. Outfitter Tuff Brand
Products, Outdoor Families, Inc. will accept personal and
business checks for prepay orders, but allow 10 business days
for clearing.
Credit Cards
Credit card charges are processed online after ordering the
products and/or services. Time of shipment is less than one
week. Outfitter Tuff Brand Products, Outdoor Families, Inc. does
not apply any surcharge for credit cards.
Outfitter Tuff Brand Products, Outdoor Families, Inc.
3434 Buck Mountain Rd
Roanoke, VA 24018
United States
Ph: 800-843-2266
e-mail:
outfittertuff@outfittertuff.com
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