IMPORTANT: THESE TERMS OF USE (“TERMS AND CONDITIONS”) REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW” PROVISION. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions incorporate by reference the Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.
Welcome to the website of www.IsaiahVidal.com (including any of its subsidiaries or corporate affiliates, collectively, “VIDA,” “we” or “us”). Any person accessing or using the website and any associated webpages (collectively, the “Website”) is referred to as “you”.
We ask that you review and abide by these Terms and Conditions, our Privacy Policy, our Terms of Sale, and any other terms and conditions that may appear on the Website from time to time.
This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.
Please take a few moments to review our Privacy Policy which describes the collection and use of information on the Website.
Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by www.IsaiahVidal.com. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
www.IsaiahVidal.com, VIDA GEAR, VIDA and all related names, logos, product and service names, designs and slogans are registered trademarks of www.IsaiahVidal.com or its licensors. Such marks cannot be used without the prior written permission of www.IsaiahVidal.com.
Except as may be expressly permitted by www.IsaiahVidal.com, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by www.IsaiahVidal.com on the Website, including but not limited to the Digital Content provided as part of the www.IsaiahVidal.com Passport Rewards Program set forth in Section 13 below; provided, however, that where www.IsaiahVidal.com expressly permits you to download certain Content as indicated on the Website you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by www.IsaiahVidal.com either in these Terms and Conditions, on the Website or elsewhere as may be indicated by www.IsaiahVidal.com. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and www.IsaiahVidal.com is under no obligation to keep the Content updated. www.IsaiahVidal.com may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
As used in this Section, (i) “User Generated Content” means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service; and (ii) “Interactive Areas” means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.
GENERALLY
By posting, distributing, sending or displaying User Generated Content to the Website, you:
User Generated Content submitted by you is deemed non-confidential and www.IsaiahVidal.com is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, www.IsaiahVidal.com reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. www.IsaiahVidal.com is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:
INTERACTIVE AREAS
This Website may contain Interactive Areas. If www.IsaiahVidal.com provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
To the extent possible under applicable law, www.IsaiahVidal.com takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is www.IsaiahVidal.com liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, www.IsaiahVidal.com is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. www.IsaiahVidal.com has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, www.IsaiahVidal.com reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.
Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by www.IsaiahVidal.com.
www.IsaiahVidal.com welcomes your feedback regarding our existing products, marketing strategies, business and customer service, subject to Section 4 above. Feel free to contact us with your valuable feedback.
However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, One for One ideas, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, “Submissions”). Please do not submit any Submissions in any form to www.IsaiahVidal.com or any of its employees. Since www.IsaiahVidal.com is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help www.IsaiahVidal.com avoid potential misunderstandings or disputes when www.IsaiahVidal.com products, lines of business or marketing strategies might seem similar or even identical to Submissions made to www.IsaiahVidal.com .
If, despite our policy, you still provide your Submissions to www.IsaiahVidal.com , the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:
Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. www.IsaiahVidal.com does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and www.IsaiahVidal.com is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.
This Website may contain links to third-party services and resources. You acknowledge that (a) www.IsaiahVidal.com is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) www.IsaiahVidal.com is not responsible for any other form of transmission received from any linked website. www.IsaiahVidal.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.IsaiahVidal.com of the website. Any concerns regarding any such link should be directed to the particular third party website.
We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
ACCEPTABLE USE POLICY
By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:
ACCOUNT SECURITY
For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying www.IsaiahVidal.com that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
Notices of claims of copyright infringement on the Website should be emailed or mailed to:
www.IsaiahVidal.com
Attn: Legal Department
3959 Mira Linda Pt.
#1531
Colorado Springs, Colorado 80920
Phone Number: (424)279-2742
or
info@vidagear.com RE: Copyright Infringement
We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above and applicable law.
REPEAT INFRINGERS
In accordance with applicable law, www.IsaiahVidal.com has adopted a policy of terminating, in appropriate circumstances and at www.IsaiahVidal.com’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. www.IsaiahVidal.com may also limit or restrict access to the Website and/or terminate the accounts of any users who are deemed by www.IsaiahVidal.com to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in www.IsaiahVidal.com’s sole discretion.
You agree to defend, indemnify and hold harmless www.IsaiahVidal.com its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the “www.IsaiahVidal.com Parties”) from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the www.IsaiahVidal.com Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. www.IsaiahVidal.com reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with www.IsaiahVidal.com in asserting any and all available defenses. This provision does not require you to indemnify any of the www.IsaiahVidal.com Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Content provided hereunder.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, www.IsaiahVidal.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. www.IsaiahVidal.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, www.IsaiahVidal.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY VODA APPAREL® OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.
www.IsaiahVidal.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY www.IsaiahVidal.com OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
IN NO EVENT SHALL www.IsaiahVidal.com OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE “www.IsaiahVidal.com RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE TOMS RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE www.IsaiahVidal.com RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, THE www.IsaiahVidal.com RELEASED PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Any and all offers or promotions advertised on this Website are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
13.AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and www.IsaiahVidal.com agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate www.IsaiahVidal.com’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION?:
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 14 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated.Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or www.IsaiahVidal.com must do the following:
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling to Colorado is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms and Conditions shall be held in the United States in the State of Colorado under Colorado law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and www.IsaiahVidal.com , and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and www.IsaiahVidal.com.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and www.IsaiahVidal.com in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND www.IsaiahVidal.com WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing www.IsaiahVidal.com at legal@vidagear.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms and Conditions; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms and Conditions. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
Choice of Law/Forum Selection
In any circumstances where this Section 14 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado , excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of Colorado.
14.GENERAL LEGAL PROVISIONS
These Terms and Conditions are effective unless and until terminated by either you or www.IsaiahVidal.com. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. www.IsaiahVidal.com may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions. Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting www.IsaiahVidal.com products and services available in the United States. This Website is controlled and operated by www.IsaiahVidal.com from its office in COLORADO .
If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of www.IsaiahVidal.com to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
www.IsaiahVidal.com’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of www.IsaiahVidal.com’s right to comply with law enforcement requests or requirements.
These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Website, and any other terms that may appear on the Website from time-to-time) contain the entire understanding between you and us with respect to your use and access of this Website, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website. No representation, statement or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Website from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of www.IsaiahVidal.com. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully.
The sections on Indemnity, Limitation of Liability and Disclaimer; Warranties do not apply to New Jersey residents.
15.COPYRIGHT
© 2020 VIDAAPPAREL.com, LLC / vidagear.com, All rights reserved.
TERMS OF SALE
IMPORTANT: THESE TERMS OF SALE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW” PROVISION. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the Terms of Use and Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here.
By placing an order with www.IsaiahVidal.com , you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.
When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.
We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
If your payment method has already been charged for an order that is later modified or cancelled, www.IsaiahVidal.com shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.
www.IsaiahVidal.com accepts the following methods of payment on vidagear.com: Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, Klarna, vidagear.com Gift Cards (electronic or physical). Please see Gift Cards for further details. Please see our FAQs for further helpful information.
Select www.IsaiahVidal.com products displayed on the Website may be available in select stores in the United States while supplies last. Please see our Store Locator for information on our retailers in the United States.
All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.
All prices displayed on the Website are quoted in US Dollars ($).
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes. www.IsaiahVidal.com does ship internationally. If you would like to ship to international locations, please see our Shipping FAQs for further information on international locations to which we ship.
While most of our products can be returned, we cannot accept returns of www.IsaiahVidal.com (whether purchased from our retail stores or otherwise), Gift Cards, Rewards (as defined below) redemptions and any other items that are marked “Final Sale”.
Item(s) that are unworn, unwashed and unaltered, or items that you believe have a manufacturer’s defect, may be returned within 60 days from date of purchase if you are in the contiguous United States or within 60 days from date of purchase if you are outside of the contiguous United States (i.e., Alaska, Hawaii, Puerto Rico, or another U.S. territory). All returnable items should be returned unused, in their original packaging and in saleable condition. Your refund will reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.
If you are shipping to us from within the contiguous United States, you may choose to receive your refund back to your original method of payment (so long as you did not make your purchase using a Gift Card ) or in the form of a Vidagear.com , and you will not be charged any return shipping costs.
Please remember that in order for us to process your return, we must receive the item(s) within the 60-day timeframe noted above if you are in the contiguous United States or 60-day timeframe noted above if you are outside of the contiguous United States (i.e., Alaska, Hawaii, Puerto Rico, or another U.S. territory). Therefore, you must account for the time it takes for the carrier to ship your item(s) back to our facility in Colorado.
All returns should be addressed to our facility center based in Colorado Springs, CO:
MAIL YOUR RETURN TO:
Returns/www.IsaiahVidal.com
3959 Mira Linda Pt
#1531
Colorado Springs, CO 80920
United States
The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to the shipping carrier.
We do not offer exchanges at this time. We apologize for any inconvenience this may cause you.
You may contact Customer Service to assist you with returning your product(s).
Refer to Shipping, Delivery, Returns and Exchanges.
You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
VIDAGEAR.COM GIFT CARDS:
www.IsaiahVidal.com physical and electronic gift cards (collectively, the “Gift Card(s)”) may be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash — we are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer’s Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer’s Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards do not expire and we do not assess any service fees for non-use.
Gift Cards have other restrictions, including but not limited to:
Coupons and other discounts or promotions may not be applicable to purchase Gift Cards.
Gift Cards cannot be used to purchase other Gift Cards.
Gift Cards are FINAL SALE cannot be returned.
Gift Cards may only be applicable to purchase certain product(s) or services on the Website, or they may exclude the purchase of certain product(s) or services. Please see any applicable restrictions noted on your Gift Card or the applicable product(s) or promotion(s) for further details.
FRAUD
www.IsaiahVidal.com reserves the right to refuse, cancel or hold for review any orders or customer accounts using a Gift Card or any Gift Card mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card , or to take any other action in connection with a violation of this Section 6.
Please note that Gift Cards and their redemption are each subject to change in the sole discretion of www.IsaiahVidal.com, at all times in accordance with applicable law.
The Website may contain products that are produced and manufactured by third party suppliers and not by www.IsaiahVidal.com. www.IsaiahVidal.com is not responsible for any third party products or for the actions or inactions of any third party vendors or suppliers. www.IsaiahVidal.com ’ inclusion of such products does not imply any endorsement of such or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with such vendor(s) or supplier(s). www.IsaiahVidal.com does not assume any responsibility or liability for the products of third parties. While www.IsaiahVidal.com aims to ensure that all third party vendors suppliers are honest and truthful when making representations regarding their products and/or the causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please carefully review the terms of use, privacy policy, and all other relevant user agreements for the third party products.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and www.IsaiahVidal.com agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate www.IsaiahVidal.com ’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION?:
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 8 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES:
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Sale, the rules set forth in these Terms of Sale will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or www.IsaiahVidal.com must do the following:
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and www.IsaiahVidal.com , and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Sale. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and www.IsaiahVidal.com.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and www.IsaiahVidal.com in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TOMS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing www.IsaiahVidal.com at legal@vidagear.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration
provision in these Terms of Sale. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
Choice of Law/Forum Selection
In any circumstances where this Section 8 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms of Sale shall be governed by and construed in accordance with the laws of the State of COLORADO , excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of Colorado.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, www.IsaiahVidal.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
IN NO EVENT SHALL www.IsaiahVidal.com OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE “www.IsaiahVidal.com RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE WWW.ISAIAHVIDAL.COM RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE WWW.ISAIAHVIDAL.COM RELEASED PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
The sections on Limitation of Liability and Disclaimer; Warranties do not apply to New Jersey residents.
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