TERMS OF USE

YOU SHOULD CAREFULLY READ THE FOLLOWING WESTPACK TERMS OF USE AGREEMENT
(THE “TERMS OF USE”, “TERMS” OR “AGREEMENT”).
 

West Pack Gear LLC and/or its affiliates provide website features (the ‘Site’) and provides curated products and services (the ‘Service’) to you when you visit WestPack Outdoors, receive and use products or services, or use any software in connection with the preceding.  West Pack Gear LLC provides the Site and the Service to you subject to the following Agreement.

Your access to and use of the Site and the Service is conditioned on your agreement to and compliance with this Agreement.  These Terms of Use apply to anyone who accesses or uses the Service.  Subject to your agreement to and continuing compliance with the Agreement, you may use the Service solely for your own personal and non-commercial purposes. 

By accessing or using the Site or the Service you agree to be bound by these Terms of Use.  If you disagree with any part of the Terms of Use then you may not use the Site or the Service. 

PRIVACY

Please review our Privacy Policy to understand our practices.

AGE

By using the Service I represent that I am at least 18 years of age and an adult in my country of residence.  I understand and will use any and all items received in connection with the Service as the items are intended by the manufacturing company to be used.  

PRODUCTS, GEAR, APPAREL

By using the Service, you agree to be personally responsible for the use, by yourself or others, of all items that may be delivered from the Service.  You agree that all use of the items will be in accordance with their intended use, as set forth by the manufacturer, and with the laws, rules and regulations of the applicable jurisdiction in which the use occurs.  You acknowledge that we will be including items, including, but not limited to, knives, saws, shirts, hats, tackle, fishing line, and food products that could be considered dangerous, and with use or consumption of the items, you cannot and will not hold West Pack Gear LLC or its affiliates liable for any injury including but not limited to death.

By signing up, using the service, and receiving boxes you acknowledge that food products will be included in the boxes, if you or the recipient of the box has any food allergies, you will take the correct precautions before consumption.  You cannot and will not hold West Pack Gear LLC or its affiliates liable for any injury including but not limited to death for consumption of a food product that you received by use of this service.

LIABILITY

I as the consumer and/or subscriber to the Service cannot and will not hold the West Pack Gear LLC and its affiliates, including, but not limited to, owners, employees, and third party suppliers liable for any injury, including but not limited to, death for any reason pertaining to use of the Service and/or any received items. 

I understand that if I give the Service or items delivered by West Pack Gear LLC as a gift that I become the responsible party with regard to use of the product and acknowledge and agree to educate the gift recipient of any danger that may be included in the service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND/OR THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. West Pack Gear LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, West Pack Gear LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. West Pack Gear LLC DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICE, West Pack Gear LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM West Pack Gear LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. West Pack Gear LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

DISPUTES

For any dispute or claim arising out of or relating to your use of the Site or the Service, or to any products or services offered or distributed by West Pack Gear LLC, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Bexar County, Texas, USA.  “State” means a State, the District of Columbia, and any other United States territory or possession.  The laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and West Pack Gear LLC. 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

COMPLIANCE WITH THE LAW

By use of the Site or the Service, you acknowledge and agree you will abide by the laws, rules and regulations of your applicable jurisdiction in connection with use of the Site, the Service, or any products provided by West Pack Gear LLC.  If any law and/or rules and regulations prohibit use of the Service or the Site, you may not sign up and/or must stop use of this service.  

TERMINATION

Requests for termination of membership must be received before the 1st of the month of the requested termination of service.  All transactions are final. 

West Pack Gear LLC may terminate your account or use of the Service at any time for any reason, including, without limitation, if you are in breach of these Terms of Use or if the operation of the Site or Services by West Pack Gear LLC change. By using the Site, you agree to be responsible for any orders you make or charges you incur prior to termination.  West Pack Gear LLC may change, discontinue, or otherwise suspend the Site or the Store at any time, for any reason, and without prior notice to you.

LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites or services that are not owned or controlled by West Pack Gear LLC or its affiliates.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that West Pack Gear LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.  

NO LIABILITY FOR THIRD PARTY DATA BREACH

West Pack Gear LLC uses third parties to collect information, including, but not limited to Credit Card, Billing Address, Shipping Address, and other information we may use in connection with the Service.  You agree that in the event of a data breach, you cannot and will not hold West Pack Gear LLC and its affiliates liable.

ENFORCEMENT

Our Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are advised to check the Terms for any revisions periodically.

By continuing to access or use the Site or the Service after those revisions become effective, you agree to be bound by the revised terms.  If you do not agree to the new terms, you must stop using the Service.