Acceptance
of Terms
This website, located at
http://Authorization.CamelBak.com
(“Website”), is owned and operated by Web Services US LLC
(“Site Operator”) as an authorized agent of CamelBak
(“CAMELBAK”) or its authorized agents or contractors.
This Website provides users with access to
information and materials about CAMELBAK and its dealers and
distributors. These materials may include information related to
certain products and services ("Products and Services")
offered by CAMELBAK The Website also contains text, pictures,
graphics, logos, button items, images, works of authorship, and other
content (collectively with all information and material about
CAMELBAK, Products and Services, "Content"). This Website
is intended for use only by users who are at least 18 years of age.
PLEASE NOTE: Your access to and use of this
Website are subject to these terms of use (“Terms of Use”),
as well as all applicable laws and regulations. Please read these
Terms of Use carefully. If you do not accept and agree to be bound by
any of these Terms of Use, you are not authorized to access or
otherwise use this Website or any information, Content or Products
and Services contained on this Website. Your access to and use of
this Website constitutes your acceptance of and agreement to abide by
each of these terms and conditions set forth below. These Terms of
Use may be changed, modified, supplemented or updated by CAMELBAK
from time to time without advance notice by posting here and you will
be bound by any such changed, modified, supplemented or updated Terms
of Use if you continue to use this Website after such changes are
posted. Unless otherwise indicated, any new Content, Products and
Services added to this Website will also be subject to these Terms of
Use effective upon the date of any such addition. You are encouraged
to review the Website and these Terms of Use periodically for updates
and changes.
If
you have any questions about these Terms of Use, please contact
CAMELBAK as indicated in the "Contacting CAMELBAK" section
of this Policy.
Authorized Access Only; Confidentiality
Obligations – Resellers of CAMELBAK ("Users") may,
upon request from a User, be granted access by CAMELBAK to the
password-protected portions of the Website (the "Portal").
For those individuals who are employees or agents of a User, by
accessing the Portal, you represent and warrant to CAMELBAK that you
are authorized by the User to access the Portal, and are entrusted by
the User to provide information about the User. You agree to take all
reasonable precautions to safeguard the confidentiality of the
Content and all information accessed on the Portal (collectively, the
"Portal Protected Information"), exercising at least a
degree of care suitable for the sensitivity of such information. You
agree to immediately notify CAMELBAK of any unauthorized use or
disclosure of the Portal Protected Information, and to take all
necessary actions to prevent use or disclosure of the Portal
Protected Information in breach of these Terms of Use or applicable
law.
Password Accounts, Passwords, and Security –
When accessing the Portal, you are entirely responsible for
maintaining the confidentiality of your password and account and for
any and all activities that occur under your account. You agree to
(a) immediately notify CAMELBAK of any unauthorized use of your
account or any other breach of security of which you become aware,
and (b) exit completely from your account at the end of each online
session. CAMELBAK will not be liable for any loss that you or your
employer may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be
held liable for losses incurred by CAMELBAK or another party due to
someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account
holder.
Limited License and Site Access; All Rights
Reserved – CAMELBAK hereby grants you a limited license to
access and make personal use of this Website and the Content, but not
to download (other than page caching) or modify it, or any portion of
it, except with express written consent of CAMELBAK (e.g.,
downloading of PDF forms, applications, dealer agreements, etc.).
This license does not include any resale or commercial use of this
Website or the Content; any derivative use of this Website or the
Content; or any use of data mining, robots, or similar data gathering
and extraction tools. This Website or any portion of this Website may
not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without the express
written consent of CAMELBAK You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of
CAMELBAK without CAMELBAK express written consent. You may not use
any meta-tags or any other "hidden text" utilizing any of
CAMELBAK name(s) or service marks without the express written consent
of their owners. The Site Operator or CAMELBAK (and/or its direct and
indirect (through one or more intermediaries) parent entities,
subsidiary entities and/or affiliated entities and/or the respective
third party owners of Content) retains all right, title, and interest
in this Website and any Content, features, Products and Services
offered on this Website, including any and all intellectual property
rights. CAMELBAK (or the respective third party owners of Content)
reserves all rights not expressly granted. Any unauthorized use
terminates the permission or license granted by CAMELBAK
Copyright – ©2013 CAMELBAK All rights
reserved.
Except
as otherwise expressly stated, all Content appearing on this Website
is the copyrighted work of CAMELBAK or its third party content
suppliers and is protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of
all Content is also the exclusive property of CAMELBAK and is
protected by U.S. and international copyright laws. CAMELBAK shall
not be liable for any damages or claims arising out of or related to
your use of the Content.
You may download information from this Website
and print out a hard copy for your personal use provided that you
keep intact and do not remove or alter any copyright or other notice
(e.g., trademark, patent, etc.) contained in the information. Except
as otherwise expressly stated herein, you may not alter, modify,
copy, distribute (for compensation or otherwise), transmit, display,
perform, reproduce, reuse, post, publish, license, frame, download,
store for subsequent use, create derivative works from, transfer, or
sell any information or Content obtained from this Website, in whole
or in part, including any text, images, audio, and video in any
manner, without the prior written authorization of CAMELBAK or any
applicable third party suppliers. The use of Content, including
images, by you, or anyone else authorized by you, is prohibited
unless specifically permitted by CAMELBAK Any unauthorized use of
text or images may violate copyright laws, trademark laws, the laws
of privacy and publicity, and applicable regulations and statutes.
CAMELBAK does not warrant or represent that your use of Content,
Products and Services or any other materials displayed on this
Website will not infringe rights of third parties. Your use of any of
the Content beyond the scope of personal use may require a license
from the owner of the rights to the data with respect to the use of
portrait right, trademark, copyright, design right, right of
utilization or any other rights of the persons, products or landscape
portrayed in the provided Content. CAMELBAK is not responsible for
any claims of ownership rights to any images or data against you. Any
applicable license fee for such rights is not included in the
purchase price of the Service. You will indemnify, defend and hold
harmless CAMELBAK from and against any losses or claims, by an owner
of data or image rights or any third party resulting from any
violation of these Terms of Use.
If
you believe that any Content on this Website violates or infringes
upon your intellectual property rights pursuant to Title 17, United
States Code, Section 512(c)(2), please notify CAMELBAK immediately by
contacting us as indicated in the "Contacting CAMELBAK"
section of this Policy with all specifics necessary for CAMELBAK to
consider and respond to your complaint. You may be asked to provide
additional information and follow additional procedures for CAMELBAK
to act on your complaint.
Trademarks and Service Marks – Certain
trademarks are the service marks and trademarks of CAMELBAK or one of
its affiliates. The domain name for this Website, all page headers,
custom graphics, and button icons are service marks, trademarks,
logos, and/or trade dress of CAMELBAK. All other trademarks, service
marks, trade dress, product names, company names or logos, whether
registered or not, on the Website are the property of their
respective owners. In addition to complying with all applicable laws,
you agree that you will not use any such trademarks, service marks,
trade dress, or other logos from this Website without the prior
written authorization of CAMELBAK.
Ownership of information submitted via this
Website – Any information you transmit to CAMELBAK via this
Website, whether by direct entry, submission, e-mail or otherwise,
including data, questions, comments, or suggestions, will become the
property of CAMELBAK. Any such information may be used for any
purpose, including, without limitation, aggregation, reporting,
reproduction, solicitations, disclosure, transmission, publication,
broadcast, and posting, subject to the terms of CAMELBAK Privacy
Policy with respect to your personal and confidential business
information. Subject to the terms of CAMELBAK Privacy Policy,
CAMELBAK shall be free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to CAMELBAK via
this Website or by any other means for any purpose whatsoever,
including, without limitation, developing and marketing products
using such information.
Connection Requirements – You are
responsible for providing and maintaining, at your own risk, option
and expense, any hardware, software and communication lines required
to access and use this Website, and CAMELBAK reserves the right to
change the access configuration of this Website at any time without
prior notice.
Prohibited Use – Any use or attempted use
of this Website (i) for any unlawful, unauthorized, fraudulent or
malicious purpose, or (ii) that could damage, disable, overburden, or
impair any server, or the network(s) connected to any server, or
(iii) interfere with any other party's use and enjoyment of the
Website, or (iv) to gain unauthorized access to any other accounts,
computer systems or networks connected to any server or systems
through hacking, password mining or any other means, or (v) to access
systems, data or information not intended by CAMELBAK to be made
accessible to a user, or (vi) attempt to obtain any materials or
information through any means not intentionally made available by
CAMELBAK, or (vii) any use other than the business purpose for which
it was intended, is prohibited.
In addition, in connection with your use of the
Website, you agree you will not:
a) Upload or transmit any message, information,
data, text, software or images, or other content ("Material")
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise objectionable, or
that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of
misleading others or impersonate any person or entity, including,
without limitation, any CAMELBAK representative, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do
not have a right to reproduce, display or transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure
agreements);
d) Upload files that contain viruses, trojan
horses, worms, time bombs, cancel-bots, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer or property of another;
e) Delete any author attributions, legal notices
or proprietary designations or labels that you upload to any
communication feature;
f) Use the Website’s communication
features in a manner that adversely affects the availability of its
resources to other users (e.g., excessive shouting, use of all caps,
or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes" or any other
form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national
or international law;
i) Upload or transmit any material that
infringes any patent, trademark, service mark, trade secret,
copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any
other person or entity;
k) Manipulate or otherwise display the Website
by using framing, mirroring or similar navigational technology or
directly link to any portion of the Website other than the main
homepage in accordance with the Limited License and Site Access
outlined above;
l) Probe, scan, test the vulnerability of or
breach the authentication measures of, this Website or any related
networks or systems;
(m)
Register, subscribe, attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party for any Products
and Services if you are not expressly authorized by such party to do
so;
(n) Harvest or otherwise collect information
about others, including e-mail addresses; or
(o)
Use any robot, spider, scraper, or other automated or manual means to
access this Website, or copy any content or information on this
Website.
CAMELBAK reserves the right to take whatever
lawful actions it may deem appropriate in response to actual or
suspected violations of the foregoing, including, without limitation,
the suspension or termination of the user's access and/or account.
CAMELBAK may cooperate with legal authorities and/or third parties in
the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Policy, CAMELBAK
reserves the right at all times to disclose any information as
CAMELBAK deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in
CAMELBAK sole discretion.
Right to Monitor – CAMELBAK neither
actively monitors general use of this Website under normal
circumstances nor exercises editorial control over the content of any
third party's website, e-mail transmission, news group, or other
material created or accessible over or through this Website. However,
CAMELBAK does reserve the right to monitor such use at any time as it
deems appropriate and to remove any materials that, in CAMELBAK sole
discretion, may be illegal, may subject CAMELBAK to liability, may
violate these Terms of Use, or are, in the sole discretion of
CAMELBAK, inconsistent with CAMELBAK purpose for this Website.
No CAMELBAK Editorial Control of Third Party
Content; No Statement as to Accuracy – To the extent that any
of the Content included in the Website is provided by third party
content providers or Users, CAMELBAK has no editorial control or
responsibility over such Content. Therefore, any opinions,
statements, products, services or other information expressed or made
available by third party suppliers or Users on this Website are those
of such third party suppliers or Users, respectively. CAMELBAK does
not represent or endorse the accuracy or reliability of any opinion,
statement or other information provided by any third party, or
represent or warrant that your use of the Content displayed on this
Website or referenced content or service providers will not infringe
rights of third parties not owned by or affiliated with CAMELBAK.
Links to Third Party Websites – This
Website may contain hyperlinks to other sites owned and operated by
parties other than CAMELBAK. Such hyperlinks are provided only for
ready reference and ease of use. CAMELBAK does not control such
websites and cannot be held responsible for their content or accuracy
and does not endorse these sites unless CAMELBAK specifically so
states. In the event this Website provides hyperlinks to other
websites that are not owned, operated or maintained by CAMELBAK, you
acknowledge and agree that CAMELBAK is not responsible for and is not
liable for the content, products, services or other materials on or
available from such websites. CAMELBAK accepts no liability for any
information, products, advertisements, content, services or software
accessible through these third party websites or for any action you
may take as a result of linking to any such website. Any such
websites are likely to set forth specific terms of use and privacy
policies that you should review. CAMELBAK is under no obligation to
maintain any link on this Website and may remove a link at any time
in its sole discretion for any reason whatsoever. CAMELBAK shall not
be responsible or liable, directly or indirectly, for any damages or
losses caused or alleged to be caused by or in connection with the
use of or reliance on such content, products, services or other
materials available on or through any such website. CAMELBAK is not
responsible for the privacy practices of any other websites.
Disclaimer – Content and other information
contained on this Website has been prepared by CAMELBAK as a
convenience to its Users and is not intended to constitute advice or
recommendations upon which a User may rely. CAMELBAK has used
reasonable efforts in collecting, preparing and providing quality
information and material, but makes no warranty or guarantee about
the accuracy, completeness, or adequacy of the Content or other
information contained in or linked to this Website or any other
Website maintained by CAMELBAK. Users relying on Content or other
information from this Website do so at their own risk.
The information and descriptions contained
herein are not intended to be complete descriptions of the terms,
exclusions and conditions applicable to the Products and Services,
but are provided solely for general informational purposes; please
refer to the relevant agreement between you and CAMELBAK for complete
terms and conditions. Should you purchase a product or service from
CAMELBAK or a third party, the terms and conditions applicable to
that transaction will govern such entry or purchase, as applicable,
and your use of this Website does not affect that purchase in any
manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS"
OR "AS AVAILABLE" BASIS, AND CAMELBAK AND THE SITE OPERATOR
EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND SATISFACTORY QUALITY. NEITHER THE SITE OPERATOR NOR CAMELBAK MAKE
ANY WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED,
VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE
CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER CAMELBAK
NOR THE SITE OPERATOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE LOSSES, EVEN IF CAMELBAK OR THE SITE OPERATOR HAS BEEN
ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR
USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR
CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES
RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES
OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF
ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS
AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF
THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE
SITE OPERATOR, CAMELBAK AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE
IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR
USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
Indemnification – You agree to defend,
indemnify, and hold harmless the Site Operator, CAMELBAK, its direct
and indirect (through one or more intermediaries) parent entities,
subsidiary entities and affiliated entities, and their respective
contractors, directors, officers, employees, representatives,
proprietors, partners, shareholders, servants, principals, agents,
predecessors, successors, assigns, accountants, and attorneys from
and against any and all suits, actions, claims, proceedings, damages,
settlements, judgments, injuries, liabilities, obligations, losses,
risks, costs, and expenses (including, without limitation, attorneys’
fees and litigation expenses) relating to or arising from this
Website, your use of this Website, your fraud, violation of law, or
willful misconduct, and any breach by you of these Terms of Use.
Notices
– Any notices to you from CAMELBAK or the Site Operator
regarding the Website or these Terms of Use will be posted on this
Website or made by e-mail or regular mail as CAMELBAK or the Site
Operator determines, in its sole discretion.
Electronic Communications – When you visit
this Website or send e-mails to CAMELBAK, you are communicating with
CAMELBAK electronically. By using this Website, you consent to
receive communications from CAMELBAK and its direct and indirect
(through one or more intermediaries) parent companies, subsidiary
entities and affiliated entities electronically. CAMELBAK will
communicate with you by e-mail or by posting notices on this Website.
You agree that all agreements, notices, disclosures and other
communications that CAMELBAK provides to you electronically satisfy
any legal requirement that such communications be in writing. You
further agree that any notices provided by CAMELBAK electronically
are deemed to be given and received on the date CAMELBAK transmits
any such electronic communication as described in these Terms of Use.
General Provisions
Entire Agreement – These Terms of Use, the
Privacy Policy, and other policies CAMELBAK may post on this Website
constitute the entire agreement between CAMELBAK and you in
connection with your use of this Website including, without
limitation, the Portal, and the Portal Protected Information, and
supersedes any prior agreements between CAMELBAK and you regarding
use of this Website, including prior versions of these Terms of Use.
Governing Law; Jurisdiction; Venue; Severability
of Provisions – The Terms of Use are governed by the laws of
the State of California,
USA and controlling United States Federal Law without regard to any
conflicts of law provisions. Any legal proceedings arising from or
relating to this Agreement shall be brought exclusively in the
federal or state courts of California and
the parties hereby consent to the personal jurisdiction and venue of
such courts. All parts of these Terms of Use apply to the maximum
extent permitted by law. CAMELBAK and you both agree that if CAMELBAK
and you cannot enforce a part of this contract as written, then that
part will be replaced with terms that most closely match the intent
of the part CAMELBAK and you cannot enforce to the extent permitted
by law. The invalidity of part of these Terms of Use will not affect
the validity and enforceability of the remaining provisions. The
section headings are for convenience and do not have any force or
effect.
No Agency Relationship – Neither these
Terms of Use, nor any Content, materials, features, or Products and
Services of this Website create any partnership, joint venture,
employment, or other agency relationship between CAMELBAK and you or
the Site Operator and you. You may not enter into any contract on
CAMELBAK or the Site Operator's behalf or bind CAMELBAK or the Site
Operator's in any way.
Remedies
– You agree that any violation, or threatened violation, by you
of these Terms of Use constitutes an unlawful and unfair business
practice that will cause CAMELBAK or the Site Operator irreparable
and unquantifiable harm. You also agree that monetary damages would
be inadequate for such harm and consent to CAMELBAK or the Site
Operator obtaining any injunctive or equitable relief that CAMELBAK
or the Site Operator deems necessary or appropriate. These remedies
are in addition to any other remedies CAMELBAK or the Site Operator
may have at law or in equity.
Restricted
Rights – The information that is downloaded from this Website
for or on behalf of the government of the United States of America
and/or its agencies (the "U.S. Government") is provided
with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to the restrictions set forth in DFARS
252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Contacting
CAMELBAK
If
you have any questions or concerns about these Terms of Use, please
contact CAMELBAK at ContactHelp@CamelBak.com
or at the mailing address provided below. CAMELBAK will attempt to
respond to your questions or concerns promptly after CAMELBAK
receives them.
CamelBak
Products LLC
Attn:
Sr. Vice President, Global Sales
2000
S. McDowell, Suite 200
Petaluma,
California 94954
These
Terms of Use were last updated and posted on April 3, 2013.