Effective as of January 5, 2021
These Terms of Use (“Terms”) apply to your use of any website (including without limitation pestarino.us, pestarinoranch.com, akpestarino.com), mobile application, or other online offering owned or operated by or on behalf of A & K Pestarino LLC DBA Pestarino Ranch DBA Pestarino, or any of its affiliates from time to time (“Pestarino,” “we,” “us” or “our”), 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 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 Pestarino 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). It also contains an agreement to arbitrate, which will, with limited exceptions, 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: (1) you will be permitted to pursue claims against Pestarino 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 obtained from any Site and discontinue use of our Sites and Materials. Please read our Privacy Policy (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, such Privacy Policy, which discusses and governs our collection and use of your information. 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 by anyone under the age of thirteen (13) is prohibited. If you access our Sites or open an account on behalf of a company, organization, or other entity, then (1) “you” includes you and that entity, and (2) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
COPYRIGHT
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 and, to the extent intellectual property laws apply to such Materials, are the intellectual property of Pestarino or third parties. Pestarino 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, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. 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 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. Any unauthorized use of any Materials contained on our Sites 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 Pestarino or third parties. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Pestarino 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 Pestarino or the owner thereof. Nothing in 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 Pestarino or the Trademark owner. 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 Pestarino, and you agree not to challenge Pestarinos’ ownership or control of any Trademarks.
YOUR ACCOUNT
You may be required to register an account with Pestarino Outfitters in order to access certain services in or areas of our Sites. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name 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 your account or password. In addition to all other rights available to Pestarino including those set forth in these Terms, Pestarino reserves the right, without notice and in its sole discretion, to terminate your account, refuse service to you, or cancel orders. 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 third party intrusion. You understand and agree that all information you submit to us is submitted at your own risk.
USER COMMENTS, SUBMISSIONS AND REVIEWS
Any comments, feedback, notes, messages, ideas, suggestions, photographs, recordings or other materials or communications (collectively “User Content”) sent or submitted to or via our Sites shall be and remain the exclusive property of Pestarino. Your sending or submission of any User Content shall constitute and is an assignment to Pestarino, and you hereby assign to Pestarino, any and all right, title and interest in and to the User Content, which assignment is hereby effected. Pestarino 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. Certain areas of our Sites enable you to submit reviews or otherwise provide feedback or information to us (“User Reviews”). 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 Reviews, in our sole discretion. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Pestarino neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Pestarino will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Pestarino. You agree that in submitting User Reviews and User Content: (1) you will submit only content that complies with applicable law, and will not submit 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 Pestarino’ systems or networks or another’s computer; or impersonates any person or entity; (2) such User Reviews will be deemed non-confidential; and (3) you hereby grant to Pestarino 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 User Reviews and all ideas, concepts, know-now and techniques contained therein and, to the extent the foregoing assignment to User Content is ineffective or invalid for any reason, User Content, and hereby waive any and all moral rights you may have in User Reviews or User Content; and (4) you hereby grant to Pestarino the right to use on our Sites the user name or identifier (or any portion thereof) submitted in connection with such User Reviews, in Pestarino’ sole discretion. You represent and warrant to Pestarino that you have all rights necessary to make the assignment made and grant the license granted in this Section.
NON-PERMITTED USE
While accessing or using our Sites you may not:
1. access, tamper with, or use non-public areas of any Site,Pestarino’ computer systems, the technical delivery systems of 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 Pestarino;
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, sending a virus, 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 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 Review that violates these Terms including pursuant to a take-down request from Pestarino. In the event that you elect not to comply with a request from Pestarino to take down certain content, we reserve the right, but shall have no obligation, to directly take down such content and to terminate your account immediately. Notwithstanding these rights and obligations, you are solely responsible for your use of our Sites and any information 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 are not responsible or liable for, the content of these websites and platforms. Unless specifically stated on our Sites to the contrary, Pestarino 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) or older in order to complete a Transaction. By submitting such information, you grant to Pestarino 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. Pestarino 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. 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 or applicable sales taxes, which will be added to the price you pay. We may revise pricing for any product or revise or discontinue any product 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 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 shall have the right to refuse or cancel any orders for such product. 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 cancellation and you will not be charged for any cancelled orders. Without limiting the provisions of Sections entitled “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” below, we do not warrant that any product description or 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 on our Sites will in accordance with and to the extent permitted by the Section entitled “RETURNS” below.
SHIPPING AND TRACKING
Shipping information will be emailed to you once your order has been shipped. Alternatively, you may find your tracking number online by visiting our Shipping and Returns page .
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.
RETURNS
We do not accept returns. If you are unsatified with your product please reach out to us.
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, the provisions of the Sections entitled “TERM & TERMINATION,” “INDEMNIFICATION,” “VIOLATIONS,” “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER,” and “GENERAL PROVISIONS,” and all other terms and conditions which by their nature reasonably should survive such termination, shall survive such termination, except that you shall no longer have any right 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.
For communications on other matters, please contac us at customersupport@pestarino.us
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 manufacturers’ warranties and 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 FOR THE FOREGOING, OUR SITES, INCLUDING WITHOUT LIMITATION ALL MATERIALS AND USER CONTENT ON AND PRODUCTS AND SERVICES PROVIDED VIA OUR SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. PESTARINO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, MATERIALS, USER CONTENT AND SUCH PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. PESTARINO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF (OR THE RESULTS OF THE USE OF) THE MATERIALS OR USER CONTENT ON OR PRODUCTS OR SERVICES PROVIDED VIA OUR SITES, OR ANY OTHER WEBSITES 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 WARRANT THAT ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PESTARINO, ITS AFFILIATES, OR ANY OF THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND DAMAGES 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 ANY SITE OR ANY MATERIALS, USER CONTENT, PRODUCT OR SERVICE OFFERED ON ANY SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED 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 CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pestarino, its affiliates, and the respective directors, officers, employees, consultants, agents, and other representatives of each of the foregoing from and against any and all claims, damages, losses, liabilities, costs (including attorneys’ fees), and other 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 Pestarino 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 Pestarino, 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: [Pestarino] (“Notice Address”). If Pestarino 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 Pestarino 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 CDA, Idaho.
8. No Class Action. You and Pestarino 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 Pestarino 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, Pestarino, 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 Pestarino 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 Pestarino 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. Pestarino’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pestarino in writing. These Terms may be assigned in whole or in part by Pestarino. These Terms may not be assigned in any manner by you without the express, prior written permission of Pestarino. 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 Idaho for disputes arising out of or relating to these Terms. Except as explicitly stated otherwise, legal notices shall be served, in the case of Pestarino, at , 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 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. YOU MAY ALSO CONTACT US BY WRITING TO 5109 ALASKA TRAIL GREAT FALLS, MT 59404 OR BY CALLING US AT 406-761-6623. 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., 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