PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.Lodgepoleoutdoors.ca (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for purposes of convenience only. Lodgepole Outdoors make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2019, Lodgepole Outdoors or its affiliates and suppliers. The contents of this Web Site are © 2019, Lodgepole Outdoors or its respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Lodgepole Outdoors and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Lodgepole Outdoors or such other owner.
LINKING TO THIS WEB SITE
Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Lodgepole Outdoors or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we, nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You consent to receive electronic communications from Lodgepole Outdoors either in the form of an e-mail set to you at the e-mail address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Lodgepole Outdoors Orders and Alerts are SMS messages that notify customers of order and shipping confirmation from Lodgepole Outdoors. Terms & Conditions are subject to change.
HOW DO I SUBSCRIBE TO LODGEPOLEOUTDOORS SMS ALERTS?
Join Lodgepole Outdoors Alerts by texting JOIN to the short code XXXXX. Join Lodgepoleoutdoors Order by texting ORDER to the short code XXXXX. You may receive up to four (4) commercial messages per month.
Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Lodgepole Outdoors, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER Lodgepole Outdoors, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
Lodgepole Outdoors does not assume any responsibility, or liability, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL Lodgepole Outdoors OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and Lodgepole Outdoors to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of Washington or the United States District Court for the Western District of Washington. A printed version of these Terms and Conditions will be admissible in judicial and 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 or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at Lodgepoleoutdoors.ca or by phone at 1-587-340-1049.
LAST UPDATED: AUGUST 3, 2019
Lodgepole Outdoors reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply. If you do not agree to the amended terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.
If you have any questions regarding the Site, please contact us.
- TERMS OF SALE
All sales from the Site are governed by Lodgepole Outdoors's Terms & Conditions (located under Privacy & Security). Please refer to our Terms & Conditions for the terms, conditions and policies applicable to your purchase of products from Lodgepole Outdoors. By ordering products through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice, at any time and in Lodgepole Outdoors's sole discretion, so you should review the Terms of Sale each time you make a purchase.
- ELIGIBILITY, REGISTRATION AND ACCOUNT
By accessing or using the Site, you represent and warrant that you are at least 18 years of age, you are a resident of the United States and you have full power, capacity and authority to accept these Terms.
In order to interact with certain areas and features of the Site, you may need to register for an online account. By creating an account, you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify Lodgepole Outdoors if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
- COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Lodgepole Outdoors logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Lodgepole Outdoors or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Lodgepole Outdoors, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Lodgepole Outdoors has adopted a policy of, in appropriate circumstances and in our sole discretion, blocking or restricting users' access to the Site if such users are deemed to be repeat infringers. Lodgepole Outdoors may also, in our sole discretion, limit access to the Site by users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- COPYRIGHT COMPLAINTS
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: J Handel
Address of Designated Agent: 7601 91 Ave NW, Edmonton, Alberta, Canada T6C 1P7
Telephone Number of Designated Agent: (587) 340-1049
Email Address of Designated Agent: Lodgepoleoutdoors.ca
"LODGEPOLE OUTDOORS," and all logos and product or service names or slogans contained on the Site are trademarks of Lodgepole Outdoors and our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lodgepole Outdoors or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Lodgepole Outdoors" or any other name, trademark or product or service name of Lodgepole Outdoors without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Lodgepole Outdoors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Lodgepole Outdoorsor our products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Lodgepole Outdoors logo or other proprietary graphic of Lodgepole Outdoors to link to this Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Lodgepole Outdoors trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Lodgepole Outdoors or any third party.
Lodgepole Outdoors makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such sites are not under the control of Lodgepole Outdoors and Lodgepole Outdoors is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Lodgepole Outdoors and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Lodgepole Outdoors of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that Lodgepole Outdoors's terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- THIRD PARTY CONTENT
Lodgepole Outdoors may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. Lodgepole Outdoors does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Lodgepole Outdoors is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content contained in the Site at their own risk.
- ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Lodgepole Outdoors may display advertisements and promotions from users and other third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Lodgepole Outdoors is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third party advertisers or third party information on the Site.
- PRODUCT REVIEWS
We may provide specific opportunities for you to tell Lodgepole Outdoors and other Lodgepole Outdoors users what you think about our products. If you submit a product review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying you or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All product reviews are strictly the opinion of the user posting such reviews, and Lodgepole Outdoors does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. We use the services of Yotpo for facilitating product review submissions and there terms of submission may also apply.
You acknowledge and agree that any materials you provide to Lodgepole Outdoors , including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding Lodgepole Outdoors or our Site or products ("Submissions") are non-confidential and shall become the sole property of Lodgepole Outdoors. Lodgepole Outdoors shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment, notice or compensation to you.
- USER CONTENT
Separate and apart from Submissions, you may use interactive areas and features of the Site to submit and share stories, photos, videos, product reviews, text, music, sound, graphics, tags, code, links or other items or content (collectively, "User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Lodgepole Outdoorsaccount information (also referred to as "Your Lodgepole OutdoorsOnline Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for the User Content you submit and for your use of any interactive areas of the Site. You further agree that you use such interactive areas at your own risk.
By using any interactive areas or features of the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that displays, describes or encourages the use of any product sold by Lodgepoleoutdoors in a manner that could be offensive, inappropriate or harmful to Lodgepoleoutdoors or any user or consumer, or that is contrary to any instructions or warnings relating to the product;
d. User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
e. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
f. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
g. Unsolicited promotions, political campaigning, advertising or solicitations;
h. Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
i. User Content that, in the sole judgment of Lodgepoleoutdoors, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Lodgepoleoutdoors or our users to any harm or liability of any type.
Lodgepoleoutdoors does not take responsibility or assume liability for any User Content posted, stored, used or uploaded by you or any third party, or for any loss or damage thereto, nor is Lodgepoleoutdoors liable for any infringing content, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you encounter User Content that violates these Terms, you may report it by contacting Lodgepoleoutdoors's customer service at 1-587-340-1049.
Enforcement of the Terms is solely in our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by the Terms. Although Lodgepoleoutdoors has no obligation to screen, edit or monitor any of the User Content, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, submitted or stored on or through the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Except for Submissions (which belong exclusively to Lodgepoleoutdoors) or as otherwise expressly stated, you retain ownership of your User Content. However, you grant Lodgepoleoutdoors and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. In addition, you grant Lodgepoleoutdoors and our affiliates and sublicensees the right to use the name that you submit in connection with such User Content.
By submitting User Content to the Site, you represent and warrant that (a) such User Content is not subject to any confidentiality obligations; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to Lodgepoleoutdoors that you grant in these Terms; (c) the User Content is accurate and not misleading; and (d) the User Content and your use and posting thereof does not, and will not, violate these Terms, any applicable laws, rules or regulations or the rights of any third party.
- USER CONDUCT
You are solely responsible for your conduct while on the Site, and you acknowledge and agree that Lodgepoleoutdoors is not responsible or liable in any manner for the conduct of other users or third parties in connection with the Site. In addition, you agree that you will not:
a. post any false, misleading or inaccurate information on the Site;
b. use the Site in any manner that could interfere with, disrupt, negatively affect or prohibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
c. stalk, threaten, abuse, intimidate, impersonate or otherwise harass or cause discomfort to other users or third parties;
d. collect any information about other users (except as specifically authorized by Lodgepoleoutdoors) or create or transmit any unwanted or unsolicited email or other electronic communications to other users;
e. use the Site for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms;
f. modify, adapt, hack or emulate the Site or Site Materials; or
g. infringe upon or violate the rights of Lodgepoleoutdoors or any third party.
You agree to defend, indemnify and hold harmless Lodgepoleoutdoors, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LODGEPOLEOUTDOORS, THE SITE, SITE MATERIALS AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LODGEPOLEOUTDOORS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE. LODGEPOLEOUTDOORS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE LODGEPOLEOUTDOORS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, LODGEPOLEOUTDOORS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL LODGEPOLEOUTDOORS, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM LODGEPOLEOUTDOORS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LODGEPOLEOUTDOORS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LODGEPOLEOUTDOORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LODGEPOLEOUTDOORS FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- MODIFICATIONS TO SITE
Lodgepoleoutdoors reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that Lodgepoleoutdoors will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
- APPLICABLE LAW AND VENUE
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Lodgepoleoutdoors reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
OUR COMMITMENT TO PRIVACY
Lodgepoleoutdoors values its customers and respects their privacy. We take substantial measures to safeguard information in our possession. We collect Personal Information (hereinafter defined) in an effort to improve your shopping experience and to communicate with you about our products, services, and promotions.
Your use of this www.Lodgepoleoutdoors.ca website (the “Site”) operated by Lodgepoleoutdoors Co. (the “Company”) qualifies as your consent for the Company to collect and use your Personal Information in a manner consistent with this Security and Policy (the “Policy”) and/or applicable data protection laws. If you object to this Policy, you should not access the Site.
The following Policy is available on the Site. The Company located at 7601 91 Ave NW, Edmonton, Alberta, Canada T6C 1P7 and all its affiliates, (collectively, “Lodgepoleoutdoors”) are part of and subject to this Policy.
As described in this Policy, we share your information under certain circumstances with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service. Any third-parties we use in connection with the Site which have access to Personal Information are required to keep your information secure and confidential.
This Policy describes the Personal Information we collect about you, why we collect it, how we use it and when we share it with third parties. "Personal Information" means any information by which you can be identified or contacted, including without limitation, your name (first and last), address (city, province or territory, zip), email address, and telephone number.
Unless otherwise indicated, this Policy governs your interaction and dealings with Lodgepoleoutdoors in our U.S. stores and on this Site.
Our Policy also describes the choices you can make about how we collect and use your information. If you have any questions about our Policy, you can always contact Lodgepoleoutdoors customer service in any of three ways:
- Send us an email using the Contact Us form
- Call us at 1-587-340-1049
- Write to us at Lodgepoleoutdoors Customer Service:
Attention Customer Service
7601 91 Ave NW, Edmonton, Alberta, Canada T6C 1P7
HOW INFORMATION IS COLLECTED
We may collect personal information while communicating with you at our stores, or through your use of our Site. Personal information is any information that we can use to identify, locate or contact you, including your name, address, phone number and email address.
Here is a non-exclusive list of some of the ways you may provide your Personal Information that we then retain:
- When you create an account, a wish list or provide product reviews on our Site.
- When you place an order with Lodgepoleoutdoors, via any method, including, online, via phone, email, mail, in person, fax or chat, whether such order is for yourself or a third party.
- When you return products, request repairs, hemming or embossing.
- When you enroll in our Pro Customer or Pro Dealer program(s).
- When you request a Lodgepoleoutdoors catalog, marketing or general communications, information on store events, the Lodgepoleoutdoors newsletter or other recommendations from our Site.
- When you provide delivery information for any order.
- When you use, or interact with the Site, including the mobile site.
- When you participate in any promotional programs, contests or surveys.
- When you apply for employment (which may include your social security number or social insurance number).
- When you contact Customer Service.
We may combine all information we collect and we may disclose this information within our corporate family of companies or our service providers. When you visit our Site or other online services, we may also gather certain information automatically and store it in log files. This information may include Internet Protocol (IP) addresses or other device identifiers, browser information, Internet Service Provider (ISP), operating system, location, date/time stamp and clickstream data.
HOW WE USE YOUR INFORMATION
We use the Personal Information collected by Lodgepoleoutdoors or service providers to conduct our business and to provide you with the best possible service experience. This may include being able to notify you of product availability, the status of an order or repair, the status of an employment application, to personalize your shopping experience or respond to your questions and/or comments. In addition, if you opted in to our marketing communications, we use the Personal Information to inform you of new product updates, store events, newsletters, and general advertisements.
We also use your Personal Information for our everyday business purposes, which may include improving customer service, security, processing payments, analyzing data, detecting and preventing fraud, reporting, making back-ups and legal compliance. We use that combined information to enhance and personalize your shopping experience with us, and to communicate with you in accordance with this Policy.
DOES LODGEPOLEOUTDOORS SHARE MY INFORMATION?
We may share your Personal Information with our service providers and our internal operational teams in order to provide you with quality customer service. We contract with service providers to operate our Site, maintain and manage our customer information, to fulfill orders and to communicate with our customers. We and our service providers may share customer information with service providers whom we or they engage to perform services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. These service providers are authorized to use customer information only in connection with the services they are engaged to perform. We do not authorize any of these service providers to make any other use of your information. We may also disclose your Personal Information upon your request or when we believe that such disclosure is required or permitted by law.
COOKIES, WEB BEACONS AND OTHER SIMILAR TECHNOLOGIES
A cookie is a text file that is created by a website that is stored in the user’s computer either temporarily and automatically deleted when you close your browser (a “session cookie”) or permanently on the hard drive (a “persistent cookie”). Cookies provide a way for a website to recognize the computer and keep track of its users’ preferences. Web beacons and tags are small strings of code and images placed on certain pages on a website that track access and use of those pages.
When you visit our Site, we may use both a session and a persistent cookie. These cookies are may be used to track your usage of our Site and, in some cases, your email address. Your email address is only saved if you register with us. A web beacon allows us to capture certain additional types of information about actions on the Site to generate statistics about how our Site is used so that we can improve your user experience. Though the web beacons and tags track, monitor and retain activity on the Site, they are not stored on your hard drive or used to access Personal Information.
THIRD-PARTY ADVERTISING PARTNERS
INTERNET ADVERTISING PROGRAMS
We use third-party service providers who place advertisements, like banners and links across the Internet for Lodgepoleoutdoors.
In addition to the information about your visits to our Site, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from Lodgepoleoutdoors.
If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please visit http://www.networkadvertising.org/managing/opt_out.asp.
THIRD-PARTY PLATFORM ADVERTISING
We may also use platforms provided by companies such as Facebook and Google to offer you interest-based ads. No Personal Information is shared with these platforms. Instead, Lodgepoleoutdoors may convert your email address into a unique value which can be matched by our partners with a user on a specific platform, which allows us provide more interest-based advertisements to our customers. Although we do not provide any Personal Information to these platforms, they may gain insights about individuals who respond to our advertisements.
TELEPHONE CHOICES (CALLS AND TEXTS)
You may opt out of receiving marketing or advertising text messages by contacting us through one of the methods specified in the “Contact Us” section of the website, by chat at Lodgepoleoutdoors.ca, by phone at 1-587-340-1049, sharing the phone number that you would like to opt out. For text messages, you also may be able to text “STOP” in response to a text message that you receive.
Lodgepoleoutdoors is active on social media and encourages its customers to share experiences, purchases, and stories through Facebook, Twitter, Pinterest, Snapchat, Instagram and other social media. If you use social media to interact with Lodgepoleoutdoors, you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program's privacy policies. We also use Facebook Social Plugins. Social Plugins allow Facebook to show you and your friends' "Likes" on our product pages if while you are on the Site, you are simultaneously logged into Facebook. Lodgepoleoutdoors does not receive or control any of the content from Facebook Social Plugins. You can remove a Facebook "Like" through Lodgepoleoutdoors by placing your cursor in the "grayed out" Like button and click on the "X" that appears.
If you login to your Lodgepoleoutdoors.ca account using Facebook Connect, we may collect certain information based on the privacy settings of you and your friends such as friend lists, birthday, check-ins, basic profile information and your profile picture. We use this information to create an interactive social experience with Lodgepoleoutdoors and its products and services. Lodgepoleoutdoors will always comply with its Policy and the Facebook Connect terms regarding use of any information collected from Facebook Connect.
LINKS TO OTHER WEBSITES AND SERVICES
We recognize your need to be able to access and update your Personal Information. You can do so by logging into your account and update the Personal Information. If you do not have an account, you may contact Lodgepoleoutdoors Customer Service directly to update the information. We may request certain personal information to verify the identity of the individual seeking access and make changes to their personal information records.
HOW DO I ACCESS MY INFORMATION? HOW DO I CHANGE OR DELETE MY INFORMATION?
You can review, change or delete certain Personal Information related to your use of our online site (e.g., name and contact information). To access your information online, simply click "My Account" on the top of any page, sign in when prompted to do so, and you'll be able to edit your Personal Information. You can also ask us to update your Personal Information, by calling us at 1-587-340-1049, writing us at Lodgepoleoutdoors Customer Service 7601 91 Ave NW, Edmonton, Alberta, Canada T6C 1P7, or you may Contact Us using email ([email protected]). Please be sure to include your e-mail address, full name and password. Please note that any requests to update your Personal Information may take up to ten days to process with respect to our e-mail list and 6-8 weeks to process with respect to our postal mail list.
If you would like to stop receiving our catalog through the mail, contact us.
HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?
We want to communicate with you only if you want to hear from us. If you do not want us to send you promotional communications, please let us know by calling us at 1-587-340-1049, writing us at Lodgepoleoutdoors Customer Service 7601 91 Ave, Edmonton, Alberta, Canada T6C 1P7, or you may Contact Us using email. Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. You also will have an opportunity to tell us that you do not want to receive promotional emails from us by clicking on an "unsubscribe" hyperlink contained in the promotional emails we send you. It may take up to 10 days to process with respect to our e-mail list, and 6-8 weeks to process with respect to our postal mail list, during which period you may continue to receive communications from Lodgepoleoutdoors.
Please also note that when you purchase from us, we will confirm your order by e-mail. In addition, we may also need to contact you via phone, e-mail or postal mail with other questions regarding your order.
HOW DOES LODGEPOLEOUTDOORS PROTECT CHILDREN'S PRIVACY?
Lodgepoleoutdoors is concerned about the safety of children when they use the Internet and will not request personally identifiable information from anyone whom we know to be under the age of 13 without prior verifiable parental consent. If you are under 13 years old, please do not provide your information on our Site.
If we become aware that an individual under the age of 13 has submitted any information to Lodgepoleoutdoors for any purpose without prior verifiable parental consent, we will delete his or her information from our files.
HOW DO I KNOW MY ORDER INFORMATION IS SECURE?
Protecting your order information is important to us and we do so by maintaining physical, electronic and procedural safeguards to protect the confidentiality and security of Personal Information collected from the Site. We use Secure Sockets Layer (SSL) technology to protect your information as it is transmitted. SSL encrypts certain Personal Information, including credit card number, name and address so only Lodgepoleoutdoors is able to decode your information. Be advised that email is not encrypted and therefore is not considered to be a secure means of transmitting credit card information.
To confirm whether your connection is secure, look at the bottom status bar of your browser window. If you see an unbroken key or a closed lock (depending on your browser), the SSL is active and your information is secure.
If your browser or firewall doesn't support SSL, you will not be able to connect to our server, which means you won't be able to mistakenly place an order through an unsecured connection. If you cannot access the secure server for any reason, please call us at 1-587-340-1049 and we would be happy to help you by telephone.
We also ask customers to carefully review their accounts and immediately report any unexpected activity to Lodgepoleoutdoors and their issuing bank or credit card company. We further recommend that our customers to take additional measures to help protect Personal Information in their online accounts, including the following:
- Install the latest security updates and anti-virus software on your computer to help prevent malware and viruses
- Reset your email account password regularly
- Use complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters and special characters)
- Do not use the same password on more than one website
- Password protect your computers and personal mobile device(s)
- Sign out/log off website sessions so that your session is closed and cannot be accessed by another user on the same computer, especially when using a public computer or terminal
Visit these additional resources:
FRAUD ALERTS: PROTECTING YOUR PERSONAL INFORMATION
You may come in contact with websites, emails or texts that try to lure you into providing Personal Information with an offer such as a Lodgepoleoutdoors Gift Card or special discount code. Lodgepoleoutdoors does not sponsor third party offers. Any promotion offered by Lodgepoleoutdoors will be shown on the Site or offered to you through your email associated with your Lodgepoleoutdoors account. If you become aware of any potentially fraudulent activity on a website or in an email or text, please contact customer service or call us at 1-587-340-1049so that we can follow up. We take these matters, and the protection of our customers' sensitive information, very seriously.
DATA PROCESSING AND STORAGE
Lodgepoleoutdoors and its third-party service providers may process or store Personal Information outside of the United States. To the extent your Personal Information is stored outside the United States, in accordance with the laws of those countries, it may be accessible by foreign law enforcement, regulatory bodies or other authorities. For more information of our use of foreign service providers, please contact us as described below.
Lodgepoleoutdoors updates its Policy from time to time. Any changes to the Policy will be posted online. If the changes will materially affect the way we use or disclose previously collected Personal Information, we will notify you about the changes through your email address connected to your Lodgepoleoutdoors account You will be notified about the changes through the primary email address associated with your Lodgepoleoutdoors account.
This Policy replaces all previous disclosures we may have provided you about our information practices. We reserve the right to change this Policy, and to apply any changes to information previously collected, as permitted by law. If there are material changes to this Policy or our information practices change in the future, we will notify you by posting the Policy changes on our Site.
LODGEPOLEOUTDOORS CUSTOMER SERVICE
Attention Customer Service
7601 91 Ave NW, Edmonton, Alberta, Canada T6C 1P7
REPORTING A CLAIM OF COPYRIGHT INFRINGEMENT
Lodgepoleoutdoors Co values the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement on our website or any of our other social media platforms, please notify us in writing as set forth below so that we may address the matter as soon as possible.
The fastest way to report a believed infringement is to send a complaint via e-mail to our designated Copyright Agent at the e-mail address below. In compliance with the Digital Millennium Copyright Act, please ensure your complaint includes all of the following:<