Terms of Use

CSWW INC., DBA NORTH 40 OUTFITTERS


Effective as of July 26, 2023

These Terms of Use, together with any documents expressly incorporated herein by reference (collectively, these “Terms”), apply to your use of any website (including without limitation north40.com, smithandrogue.com, swate.com, flyproject.us, and ballisticflylines.com) owned or operated by or on behalf of CSWW, INC., dba North 40 Outfitters (“North 40 Outfitters,” “we,” “us” or “our”) or any of its affiliates from time to time, and all other sites, services and tools where these Terms appear or are linked (collectively, our “Sites”).
 
BY ACCESSING, BROWSING OR OTHERWISE USING ANY SITE, MAKING A PURCHASE USING OUR SITES, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR OTHERWISE USE ANY SITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN US AND YOU. 
 
BE ADVISED THAT THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU.
 
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and North 40 Outfitters may have against each other are resolved (see the Sections entitled “LIMITATION OF LIABILITY,” “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT,” “CLASS ACTION WAIVER,” “DISCLAIMER OF WARRANTIES” and “GENERAL PROVISIONS” below). These Terms also contain an agreement to arbitrate, which will, with limited exceptions specified herein, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Subsection 10 of the Section entitled “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER” below. Unless you opt out in accordance with such Subsection 10: (1) you will be permitted to pursue claims against North 40 Outfitters only on an individual basis, not as part of any class or representative action or proceeding; and (2) you will be permitted to seek relief (including without limitation monetary, injunctive, and declaratory relief) only on an individual basis.
 
We may revise these Terms at any time without notice by updating this posting, and such changes will be effective immediately upon being posted. When these Terms are revised, we will revise the “Effective as of” date set forth at the beginning of these Terms. By using any Site, you agree to be bound by all such revisions and should therefore periodically review these Terms. We reserve the right to modify, suspend or discontinue any part of our Sites at any time with or without notice and without liability. If you breach any of these Terms, your authorization to use our Sites automatically terminates and you must immediately destroy any downloaded or printed Materials (as defined below) obtained from any Site and discontinue use of our Sites and Materials. Our Sites are intended for use by individuals eighteen (18) years of age or older. However, if you are under eighteen (18), you may use our Sites only with involvement and permission of a parent or guardian and by such use your parent and/or guardian hereby agrees to be, and will be, held jointly and severally liable for any claims arising from your use of our Sites.
 
USE
When you create an account on our Sites, or otherwise submit information on our Sites, you must provide us with accurate and complete information. Any use or access of any Site by anyone under the age of thirteen (13) is prohibited. For purposes of these Terms, “you” or “your” means the individual accessing or using any Site. If such individual accesses or uses any Site on behalf of any company, organization, or other entity, then (1) “you” also includes that entity, and (2) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
 
OWNERSHIP; LICENSE GRANT
Our Sites and all materials on our Sites, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files, and the selection and arrangement of the foregoing (the “Materials”), are owned by North 40 Outfitters, its licensors or other third-party providers of such Materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title or interest in or to any Site or Material is transferred or assigned to you, and all rights not expressly granted are reserved by us. Subject to your compliance with these Terms, North 40 Outfitters hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license for the term of these Terms to display, copy, distribute and download the Materials on our Sites for your personal, noncommercial use only. Except as expressly permitted herein, you may not distribute, copy, reproduce, display, republish, download, upload, modify, perform, create derivative works from, exploit or transmit any Site or Materials, including for commercial use, without our prior written approval. You may not “frame” or “mirror” any Materials contained on our Sites on any other website or server without our prior written permission or delete or alter any copyright, trademark or other proprietary rights notice from any Site or Material or any copy thereof. Any unauthorized use of any Site or any Materials contained on our Sites is a breach of these Terms and may violate intellectual property laws, the laws of privacy and publicity, and other laws and regulations.
 
TRADEMARKS; TRADE DRESS
The trademarks, service marks, trade names, and logos used and displayed on our Sites (the “Trademarks”) are registered and unregistered trademarks of North 40 Outfitters or third parties. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of North 40 Outfitters or third parties, and none of the foregoing may be copied, imitated or used, in whole or in part, without the prior written permission of North 40 Outfitters. Nothing herein or on our Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on our Sites, without the express written permission of North 40 Outfitters. Unauthorized use of the Trademarks displayed on our Sites is strictly prohibited. You hereby agree that all goodwill that arises in connection with your use of Trademarks inures exclusively to North 40 Outfitters, and you agree not to challenge North 40 Outfitters’ ownership or control of any Trademarks.
 
YOUR ACCOUNT
You may be required to create and register an account with North 40 Outfitters in order to access certain services in or areas of our Sites. With respect to any such creation and registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only. If you use our Sites, 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, on or using your account or password. In addition to all other rights available to North 40 Outfitters including those set forth in these Terms, North 40 Outfitters reserves the right, without notice and in its sole discretion, to terminate your account, refuse service to you, or cancel orders. 
 
USER COMMENTS, SUBMISSIONS AND REVIEWS
Any comments, reviews, feedback, notes, messages, ideas, suggestions, photographs, recordings or other Materials, information or communications sent or submitted to or via our Sites or otherwise provided to us by you (collectively, “User Content”) is and shall be and remain the sole and exclusive property of North 40 Outfitters. Your sending or submission of any User Content shall constitute and is an assignment to North 40 Outfitters, and you hereby assign to North 40 Outfitters any and all right, title and interest in and to all User Content, which assignment is hereby effected. North 40 Outfitters will be entitled to use, reproduce, disclose, publish and distribute any User Content for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, please do not send us any User Content that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You acknowledge and agree that we reserve the right (but have no obligation) to alter, remove, or refuse to post or allow to be posted any User Content, in our sole discretion. Please note that Site visitors may post content, information, or other Materials that are inaccurate, misleading, or deceptive. North 40 Outfitters neither endorses nor is responsible for any content, opinion, advice, information, material or statements of or made available by third parties. North 40 Outfitters will not be liable for any loss or damage caused by or otherwise arising out of your use of or reliance on any such content, opinion, advice, information, material or statement. The opinions expressed by third parties reflect solely the opinions of the individuals and/or entities who submitted such opinions and may not reflect the opinions of North 40 Outfitters. You agree that in submitting User Content: (1) you will submit only User Content that complies with applicable law, and you will not submit User Content that infringes, misappropriates or violates any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; is fraudulent, or contains false, misleading, untruthful or inaccurate statements, claims or representations; is threatening, abusive, harassing, inflammatory, discriminatory, defamatory, libelous, deceptive, fraudulent, tortious, obscene, vulgar, pornographic, offensive, profane, repetitive, or otherwise inappropriate; contains any viruses or other software that may adversely affect the operation of North 40 Outfitters’ or any third party’s systems, networks or computers; or impersonates any person or entity; (2) such User Content will be deemed non-confidential to you; and (3) to the extent the foregoing assignment of User Content is ineffective or invalid for any reason, you hereby grant to North 40 Outfitters a nonexclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, fully transferable, fully sublicensable license to use, copy, modify, publish, perform, transmit, create derivative works from, distribute and display all User Content, and you hereby waive any and all moral rights you may have in such User Content; and (4) you hereby grant to North 40 Outfitters the right to use on our Sites the user name and/or identifier (or any portion thereof) submitted in connection with such User Content, in North 40 Outfitters’ sole discretion. You represent and warrant to North 40 Outfitters that you have all rights necessary to make the assignment made and grant the licenses and rights granted by you to us in these Terms. 
 
PERSONAL INFORMATION PRIVACY & SECURITY
Please read our Privacy Policy (https://north40.com/privacy-policy), which is incorporated herein by reference. By using our Sites, you agree to be legally bound by, and consent to the practices disclosed in, our  Privacy Policy, which discusses and governs our collection, use, and disclosure of your personal information, such as personally identifiable information contained in User Content, collected from you automatically from cookies and similar trackers, or provided in connection with your account, transactions, or other communications with us.
 
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized access or use. You understand and agree that all information you submit to us is submitted at your own risk.
 
NON-PERMITTED USE
You may not and shall not:
1. access, tamper with, or use non-public areas of any Site, North 40 Outfitters’ computer systems, the technical delivery systems of or used for any Site, or other accounts, computer systems or networks connected to any Site;
2. record, process, or mine information about other users or otherwise use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any Site;
3. probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures or user restrictions initiated by North 40 Outfitters;
4. access or search or attempt to access or search any Site by any means (automated or otherwise) other than through our currently available, published interfaces;
5. interfere with or disrupt the access of any user, host or network, including, without limitation, by sending, transmitting or otherwise introducing any virus to or overloading or flooding any Site, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on any Site;
6. violate any applicable law or encourage any conduct that could lead to such a violation, constitute a criminal offense or give rise to civil liability; or
7. otherwise engage in, or assist or encourage any other party to engage in, any activity that North 40 Outfitters deems objectionable, in its sole discretion.
 
MONITORING AND TAKE-DOWN
We reserve the right, but shall have no obligation, to monitor the content of our Sites and your use of our Sites to determine compliance with these Terms and any other operating rules established by us. We shall have the right, in our sole discretion, to disclose any materials (including any User Content) submitted to us and the circumstances surrounding their transmission, along with any other information regarding use of our Sites, to any third party in order to operate our Sites properly, to protect ourselves, our sponsors, and users of our Sites, and to comply with legal obligations or governmental requests. You agree to take down immediately any User Content that violates these Terms or that is otherwise identified in any take-down request from North 40 Outfitters. In the event that you do not to comply with a request from North 40 Outfitters to take down any User Content, we reserve the right, but shall have no obligation, to directly take down such User Content and to terminate your account immediately. Notwithstanding these rights and obligations, you are solely responsible for your use of our Sites and any User Content that you transmit through our Sites. You acknowledge and agree that neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, content or communications on our Sites. 
 
LINKS
Our Sites may contain links to third-party websites and platforms. We do not control, and we are not responsible or liable for any loss or damages arising from or relating to, the content of these websites and platforms. Unless specifically stated on our Sites to the contrary, North 40 Outfitters is not affiliated with these third parties and does not endorse or sponsor their websites, platforms, products or services.
 
TRANSACTIONS
If you wish to purchase any product or service made available through our Sites (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You must be eighteen (18) years old or older in order to complete a Transaction. You hereby grant to North 40 Outfitters the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree that an order for products is an offer to buy, under these Terms, all products listed in your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the products you have ordered. All orders are subject to our acceptance and product availability. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on our Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on our Sites does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from our Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. North 40 Outfitters reserves the right, with or without prior notice, to do any one or more of the following: (1) limit the available quantity of or discontinue any product or service; (2) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (3) bar any user from making or completing any or all Transaction(s); and (4) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through our Sites, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges (if any). In addition, you remain responsible for any taxes that may be applicable to your Transactions. Your total price for any Transaction will be stated on your purchase receipt and/or in a confirmation of your order by way of email to the address you provide during the checkout process. Terms of payment are within our sole discretion, and payment must be received by us prior to our acceptance of an order. We may use third-party service providers to process transactions on the Sites and all payments for orders must be made in the manner specified by such third-party service providers. Any price offers or advertisements given by us will be valid for the period stated on the offer or advertisement, with the exception that we reserve the right to reject any sale at any time and for any reason, including without limitation for a misprint in the price offer or advertisement. Prices offered or advertised do not include shipping and handling charges (if any) or applicable sales taxes, which will be added to the price you pay. We may revise pricing for any product or service or revise or discontinue any product or service at any time. We will deliver products that have similar characteristics to the products you ordered, but differences between what is delivered and what is described on our Sites are possible. Refunds, for whatever reason, of any payment received by you will take place using the same method of payment you chose during the checkout process and cannot be amended after your order has been placed. In the event a product or service is listed at an incorrect price due to a typographical error, entry error, error in pricing information received from our suppliers, or other error, we have the right to refuse or cancel any orders for such product or service. We shall also have the right to refuse or cancel any or all of your orders if we determine, in our sole discretion, that you are in breach of these Terms. We will notify you of any cancellations, and you will not be charged for any canceled orders. Without limiting the provisions of the Sections entitled “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” below or the Section entitled “USER COMMENTS, SUBMISSIONS AND REVIEWS” above, we do not warrant that any product or service description or any other information, Material, or content accessible using our Sites will be accurate, complete, reliable, current, or error-free. Your sole remedy for any claim arising from the purchase of any product or service on our Sites will be to return the product for a full or partial refund in accordance with and to the extent permitted by the Section entitled “RETURNS” below.
 
SHIPPING AND TRACKING; RETURNS
Shipping information will be emailed to you once your order has been shipped. Shipping costs will be determined (and orders will be shipped) in accordance with our shipping and returns policies, including, as applicable, (1) the North 40 Outfitters Shipping & Returns policy (north40.com/shipping-and-returns), (2) the House of Fly Returns policy (flyproject.us/returns), and (3) the Smith + Rogue Returns policy (smithandrogue.com/shipping-and-returns) ((1) through (3), collectively, the “Shipping & Returns Policies”), each of which is hereby incorporated into these Terms by this reference. If you are not satisfied with any product you purchase from us on any of our Sites, you may return it to us subject to and in accordance with an applicable Shipping & Return Policy.
 
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on our Sites passes to the purchaser upon delivery to the carrier.
 
GIFT CARDS AND CERTIFICATES
eGift cards are emailed directly to a recipient upon purchase and may be printed at home for hand delivery. eGift cards may be redeemed online only. Traditional gift cards are shipped to a recipient and may be redeemed in-store only. All gift cards and eGift cards are deemed purchased in and issued from the State of Montana. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. eGift cards and gift cards cannot be redeemed for cash except as required by law. eGift cards and gift cards carry no expiration date or dormancy fees.
 
COUPONS AND PRICE MATCHING
We do not accept coupons with online shopping orders; however, we may provide internet coupon codes from time to time in our sole discretion.
 
FIREARMS
We do not ship firearms or ammunition to locations in the U.S. or to foreign countries. All firearms must be purchased through a North 40 Outfitters brick and mortar store or for in-store pickup via our Sites.

CONSENT TO ELECTRONIC COMMUNICATIONS
When you access any Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by SMS if you provided us with a mobile phone number. We may communicate with you by SMS, email, or other electronic means. 
You agree that all agreements, notices, disclosures, and other communications that we may provide to you electronically will satisfy any legal requirement, whether under these Terms or by law, that such communication be in writing.  

TERM & TERMINATION
These Terms are effective from the date on which you first access our Sites, place an order for a Transaction, create an account or submit any User Content to us, whichever is earliest, and shall remain effective until terminated in accordance herewith. We may immediately terminate these Terms, and/or your access to and/or use of or Sites, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. We may also terminate these Terms immediately if you fail to comply with any term or provision of these Terms. Upon termination of these Terms, your right to access and use our Sites shall immediately cease and you shall cease all access to and use of our Sites. In the event of termination of these Terms for any reason, all of your payment obligations and all restrictions, disclaimers, and limitations and exclusions of liability herein, the provisions of the Sections entitled “OWNERSHIP,” “TERM & TERMINATION,” “INDEMNIFICATION,” “VIOLATIONS,” “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER,” and “GENERAL PROVISIONS,” and all other terms and conditions hereof which by their nature reasonably should survive such termination, shall survive such termination, except that you shall no longer have any right or license to access or use any Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites, or any part or portion thereof. Nothing in these Terms shall be construed to obligate us to maintain and support our Sites, or any part or portion thereof, during the term of these Terms.
 
INFRINGEMENT CLAIMS
When Site visitors post content on our Sites, we are unable to monitor the copyright ownership of all posted content. If you believe that your work has been copied and is accessible on our Sites in a way that constitutes copyright infringement or that our Sites contain links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent, as set forth below. 
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, and information reasonably sufficient to permit us, or our third-party service providers, to locate the material.
3. Information reasonably sufficient to permit us, or our third-party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
 
Copyright Agent: CSWW, INC., dba North 40 Outfitters, P.O. Box 6430, Great Falls, MT 59406; Phone Number: 844-466-8440; Fax Number: 406-761-1504; Email: support@north40.com.
Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to. For communications on other matters, please contact us (north40.com/support).
 
DISCLAIMERS
While we attempt to provide accurate information on our Sites, we do not warrant that product descriptions or other Materials or User Content on any Site is accurate, complete, reliable, current or error-free. Certain providers of products may provide limited representations and/or warranties regarding their products. We will honor any of our applicable manufacturers’ warranties, including our House of Fly Limited Original Owner 2 Year Warranty (flyproject.us/warranty) and our Swate Limited Original Owner 2 Year Warranty (swate.com/warranty), and we will replace or repair defective products according to such warranties. We will not be responsible or liable with respect to any conduct, content or communication on any Site that results from unauthorized access to or use of any Site or Materials or any of our systems (including via intrusive, invasive or illegal techniques). EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE IN THIS PARAGRAPH, OUR SITES, INCLUDING WITHOUT LIMITATION ALL MATERIALS AND USER CONTENT ON AND ALL PRODUCTS AND SERVICES PROVIDED VIA OUR SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NORTH 40 OUTFITTERS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ALL SITES, MATERIALS, USER CONTENT AND SUCH PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES OF NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. NORTH 40 OUTFITTERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF (OR THE RESULTS OF THE USE OF) (1) THE MATERIALS OR USER CONTENT ON OR PRODUCTS OR SERVICES PROVIDED VIA OUR SITES, OR (2) ANY PRODUCT, SERVICE OR CONTENT PROVIDED VIA ANY OTHER WEBSITES OR PLATFORMS LINKED TO OUR SITES. USE OF OUR SITES AND THE MATERIALS AND USER CONTENT AVAILABLE ON THE SITES, AND RECEIPT OF PRODUCTS AND SERVICES VIA OUR SITES AND USE OF SUCH PRODUCTS AND SERVICES, IS AT YOUR SOLE RISK. NORTH 40 OUTFITTERS DOES NOT REPRESENT OR WARRANT THAT ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE. 
 
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NORTH 40 OUTFITTERS, ITS AFFILIATES, OR ANY OF THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND DAMAGES OR LOSSES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE (1) ANY SITE OR ANY MATERIALS, USER CONTENT, PRODUCT OR SERVICE OFFERED ON OR ACCESSIBLE THROUGH ANY SITE OR (2) ANY THIRD-PARTY WEBSITE OR PLATFORM LINKED TO OR FROM ANY SITE OR ANY PRODUCT, SERVICE OR CONTENT ACCESSIBLE THROUGH ANY SUCH THIRD-PARTY WEBSITE OR PLATFORM, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NORTH 40 OUTFITTERS WAS ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 
 
INDEMNIFICATION
You agree to indemnify, defend and hold harmless North 40 Outfitters, its affiliates, and the respective directors, officers, employees, consultants, agents, and representatives of each of the foregoing, from and against any and all claims, damages, losses, liabilities, costs (including attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; (2) any allegation that User Content infringes, misappropriates or otherwise violates the copyright, trademark, trade secret or other intellectual property, proprietary or other right of any third party; (3) your negligence or willful misconduct; (4) your violation of applicable law; (5) any User Content; or (6) your activities in connection with any Site.
 
VIOLATIONS
We reserve the right to seek all remedies available at law or in equity for violations of these Terms, including the right to block access from a particular Internet address to our Sites.
 
MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER
1. Binding Arbitration. You and North 40 Outfitters both agree that any and all disputes or claims arising out of or relating in any way to our Sites, our products or services, or any advertising therefor, including without limitation any question regarding the existence, validity, interpretation, applicability, or termination of these Terms as well as any issue regarding the interpretation of this Section, will be resolved by binding arbitration before a sole arbitrator (rather than in court), except that you may assert claims in small claims court if your claims qualify, and we may pursue any collection action against you in a court of competent jurisdiction. The foregoing limitation also includes any claims that arose before you accepted these Terms, irrespective of any dispute resolution provisions contained in any prior versions of these Terms. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.
2. Neutral Arbitrator. An arbitrator can award on an individual basis the same damages and relief as a court (including without limitation injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited.
3. Notice. If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to North 40 Outfitters, by certified mail, a written notice of your claim that: (i) describes the nature and basis of the claim or dispute; (ii) sets forth the specific relief sought; and (iii) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: [North 40 Outfitters, P.O. Box 6430, Great Falls, MT 59406] (“Notice Address”). If North 40 Outfitters and you do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, you may commence an arbitration proceeding or file a claim in small claims court.
4. Initiation of Arbitration. You may download or copy a form to initiate arbitration at www.adr.org.
5. Consumer Arbitration Rules. The arbitration will be governed by the AAA’s then current Consumer Arbitration Rules, as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between these Terms and the AAA Consumer Arbitration Rules, these Terms will apply.
6. Fees. Each party will bear its own fees in connection with any arbitration, including without limitation the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
7. Hearings. If your claim is for US $25,000 or less, you and North 40 Outfitters agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. You may also request an in-person hearing, which the arbitrator may grant at his or her discretion. If the arbitrator grants an in-person hearing, such hearing will be conducted either at a mutually agreed location or a location determined by the AAA or the arbitrator. In such an in-person hearing, the parties, or any of their witnesses, have the right to participate remotely by way of videoconference or similar means. If your claim exceeds US $25,000, the right to a hearing will be determined by the arbitrator. All in-person hearings will be held in Great Falls, Montana.
8. No Class Action. You and North 40 Outfitters agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated, or mass action. Neither you nor North 40 Outfitters may join or consolidate claims by or against a third party or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If this provision is found to be unenforceable, then the entirety of this Section shall be null and void.
9. Confidentiality. Any arbitration will be confidential. Neither you, North 40 Outfitters, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable law or for purposes of enforcing or challenging of the arbitration award.
10. Opt Out. You may opt out of this dispute resolution procedure by providing written notice to North 40 Outfitters at the Notice Address no later than thirty (30) calendar days from the date of your purchase of North 40 Outfitters products or services (or date of Site-related activity, if the activity is not a purchase). Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms or your ability to purchase or use North 40 Outfitters products or services in any way.
 
GENERAL PROVISIONS
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. North 40 Outfitters’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by North 40 Outfitters in writing. These Terms may be assigned in whole or in part by North 40 Outfitters. These Terms may not be assigned in any manner by you without the express, prior written permission of North 40 Outfitters. Our Sites may be accessed from countries other than the United States. Our Sites may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use our Sites outside the United States you do so at your own risk and are responsible for complying with your local laws and regulations to the extent applicable. These Terms shall be governed by and construed in accordance with the laws of the State of Montana notwithstanding any conflict of laws provisions. THE PARTIES HEREBY EXPRESSLY DISCLAIM APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. Subject to the Section entitled “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER,” you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Montana for disputes arising out of or relating to these Terms. Except as explicitly stated otherwise, legal notices shall be served, in the case of North 40 Outfitters, at P.O. Box 6430, Great Falls, MT 59405, or, in your case, to contact information you choose to provide us. Notice to you shall be deemed given 24 hours after our communication to you is sent. You are responsible for compliance with all applicable laws, including without limitation United States export and import regulations. There are no third-party beneficiaries to these Terms. These Terms set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral and written agreements or understandings between the parties regarding such subject matter.
 
NOTICE FOR CALIFORNIA RESIDENTS
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR SITES, PLEASE CONTACT US IN ACCORDANCE WITH THE “CONTACT INFORMATION” SECTION BELOW. YOU MAY ALSO CONTACT US BY WRITING TO P.O. BOX 6430, GREAT FALLS, MT 59404 OR BY CALLING US AT 844-466-8440. CALIFORNIA RESIDENTS MAY REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
 
LIMITATION ON CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of any Site must be filed within one (1) year after such claim or cause of action arose or be forever banned and irrevocably waived by you.
 
CONTACT INFORMATION
If you have any questions or comments regarding these Terms, please contact us using one of the methods described on our Support page (available at: north40.com/support).

Local store prices may vary from those displayed. Products shown as available are normally stocked, but inventory levels cannot be guaranteed. North 40 Outfitters operates strictly as a retailer, not a wholesaler. We reserve the right to decline orders to other retail outlets and/or any other reseller to provide product availability for our end-user customers. If you have questions or concerns about this policy, please call 844.466.8440.
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