Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND/OR PURCHASING AND/OR USING OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND ALL OTHER TERMS INCORPORATED BY REFERENCE.
Welcome to the website of Zip Line Gear™ located at www.ziplinegear.com ("Site"). These Terms & Conditions ("Terms") apply exclusively to your access to and use of the Site, as well as your purchase and use of our products.
Zip Line Gear™ reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion.
2. Account Registration
In order to create an account on the Site, you will need to register. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Zip Line Gear™; and (d) promptly notify Zip Line Gear™ if you discover or otherwise suspect any security breaches related to the Site.
3. Ownership of Site Content
Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Zip Line Gear™ or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Zip Line Gear™ or ziplinegear.com or any of its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
Zip Line Gear™ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.
5. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless Zip Line Gear™, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any submissions you provide for the ziplinegear.com blog; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your purchase and/or use of products purchased from Zip Line Gear™. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
7. Site Disclaimer
Except as expressly provided, any information provided on or in connection with the Site is provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. ZIP LINE GEAR™ DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Zip Line Gear™ does not represent or warrant that the Site is accurate, complete, reliable, current or error-free. Zip Line Gear™ does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
8. Product Disclaimer
Activities involving the installation and use of zip lines, pulleys, harnesses, braking systems and other related gear are potentially hazardous by their very nature. Anyone purchasing, installing or using equipment from Zip Line Gear™ (doing business as ziplinegear.com) must:
1. get proper training and instruction regarding its correct installation and safe use;
2. ensure proper oversight, supervision and instruction (including the use of appropriate safety equipment) for themselves and others using the equipment;
3. ensure all equipment is properly maintained and inspected for damage or wear prior to each use, and;
4. assume all risks and accept full responsibility for any damage or injury, including death, that may arise from its use.
Information provided by Zip Line Gear™ through the ziplinegear.com website, the ziplinegear blog, telephone, email and/or by any other means shall NOT be deemed to be professional instruction or advice. Please contact a trained professional to address specific questions you may have regarding installation or use of a particular system at your location.
9. Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice.
We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
11. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
12. Shipping & Handling
When we ship a product to you, you agree to pay the shipping and any handling charges shown when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Any shipping or handling charges may or may not reflect actual costs.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You must resolve any problem we encounter in order to proceed with your order.
14. Returns, Defective Products
If you are considering whether to return a product, please see our returns page for terms and further instructions.
If you believe a product sold by Zip Line Gear™/ziplinegear.com has a condition or defect that might make it unsafe, please report this safety concern immediately by visiting the Zip Line Gear Help Section or calling 1-888-476-3701.
15. Complaints and Legal Notices
All complaints and legal notices should be mailed to:
Zip Line Gear 903 NW F St. Suite E Grants Pass, OR 97526
Zip Line Gear™ warrants that new products manufactured by Zip Line Gear™ will be free of defects of material and workmanship. Products not manufactured by Zip Line Gear™ are sold " AS IS" without any warranty, unless the manufacturer of that product otherwise provides a specific warranty for the product.
ZIP LINE GEAR™ MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE COVERED BY THE ABOVE WARRANTY, PRODUCTS PROVIDED BY ZIP LINE GEAR™ ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
17. Exclusivity of Remedy; Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND ZIP LINE GEAR'S™ SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT AND RECEIVE A REFUND OR EXCHANGE. IN NO EVENT SHALL ZIP LINE GEAR™ BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF ZIP LINE GEAR™, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Applicable Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state courts located in Josephine County, Oregon or the nearest appropriate US District Court and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
19. Termination of Use of Site
Notwithstanding any of these Terms, Zip Line Gear™ reserves the right, without notice and in its sole discretion, to terminate your right to use the Site or any portion of the Site and to block or prevent your future access to and use of the Site or any portion of the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Effective October 21, 2010
Revised January 23, 2013
- Updated contact information.