Terms of Use
Welcome to SCARPA’s Internet website. SCARPA North America Inc. and/or
its affiliates ("SCARPA") provides website access and features to you
subject to the following Terms of Use (collectively the “Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE
USING ANY SCARPA WEBSITE. BY USING ANY SCARPA WEBSITE, YOU AGREE TO BE
LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. SCARPA may, in the future, modify or
revise these Terms at its sole discretion, without any notice. When we make
changes, we will update these Terms here. Your use of this Website and any other
SCARPA Websites, including but not limited to: blogspot.scarpa.com and any
other websites owned, operated or maintained by SCARPA, (the “Websites”)
following any such revision constitutes your agreement to the revised Terms.
You should check these Terms periodically for changes. The Websites are the property of SCARPA
and its licensors.
By using the Websites, you represent that you are at
least 18 years old, or you are at least the minimum legal age to enter into a
contract in the jurisdiction in which you are viewing the Websites. The Websites and the information contained
in reference herein are for your personal, non-commercial use only. As long
as you comply with these Terms, SCARPA grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Websites.
Content. All text, graphics, interfaces,
photographs, trademarks, logos, sounds, music, artwork, and computer code
(collectively the “Content”), including but not limited to the design,
structure, selection, coordination, expression, “look and feel” and arrangement
of such Content, contained on the Websites is owned, controlled or licensed by
or to SCARPA, and is protected by trade dress, copyright, patent, and trademark
laws, and various other intellectual property rights and unfair competition
laws. Except as expressly provided
in these Terms, no part of the Websites and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way to any other computer, server, website or
other medium for publication or distribution or for any commercial enterprise,
without SCARPA’s express prior written consent. You may use information on
SCARPA products and services (such as data sheets, product images, technical
specifications, articles, and similar materials) from the Websites, provided
that you (1) do not remove any copyright or other proprietary notice from any
of the materials, (2) use such information only for your personal informational
use and do not sell or modify the Content or reproduce, display, publicly
perform, distribute, or otherwise use the Content in any way for any public or
commercial purpose, (3) do not use the Content in a manner that implies an
association with SCARPA, or any of our products, services or brands, and (4) do
not make any additional representations or warranties relating to such
materials.
Third-Party Website Links. The Websites may contain links
to other third-party websites (“Linked Websites”). Any such Linked Websites are
provided solely for your reference and as a convenience to you. SCARPA does not
endorse or make any representation or warranty regarding the content or
accuracy of such Linked Websites. Such Linked Websites are not under SCARPA’s
control, and SCARPA is not responsible for and makes no endorsement or
representation about the information or materials contained on such Linked Websites.
If you access any Linked Websites, you do so at your own risk. SCARPA IS NOT RESPONSIBLE OR LIABLE FOR
ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR DEALINGS WITH ANY
THIRD-PARTY OR LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF THIRD-PARTY OR
LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Limited License to Access Websites. As long as you comply with these Terms, SCARPA
grants you a limited license to access and make personal use of the Websites.
SCARPA also grants you a limited, revocable, and nonexclusive right to create a
link to the Websites’ home pages provided that the link does not portray
SCARPA, or its products or services, in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any SCARPA logo or other
proprietary graphic or trademark as part of the link without express written
permission. Without the express
prior written consent of SCARPA, this
limited license does NOT allow you: (1) to reproduce, duplicate, copy,
sell, resell, visit, or in any way otherwise use or exploit for any commercial
purpose all or any part of the Websites or its Content; (2) to collect and/or
use any product listings, descriptions, or prices; (3) any derivative use of
this Websites or its Content; (4) to download or copy information, including
but not limited to account information, for the benefit of yourself or any
third party; (5) to download or modify all or any part of the Websites; (6) any
use of data mining, robots, or similar data gathering and extraction tools; (7)
to use any meta tags or any other hidden data utilizing SCARPA's name or
trademarks; (8) to frame or capture any trademark, logo, or other proprietary
information (e.g., text, photographs, images, page layout, etc.) on the Websites,
and/or (9) any other inappropriate or improper use of the Websites. Any unauthorized use by you of any of these
Terms shall automatically terminate the limited license granted by SCARPA to
you to use the Websites.
Your Account and Obligations. If you use the Websites, you are solely responsible for
maintaining the confidentiality of your account information (including but not
limited to your password and credit card information) and for restricting
access to your computer. You agree
to accept full responsibility for all activities that occur under your account
or password and you agree to notify SCARPA immediately of any unauthorized use
of your account or password, or any other breach of security. You understand
and agree that you may be held liable for losses incurred by SCARPA and/or any
other user of or visitor to the Websites due to someone else using your SCARPA
username, password or account if you fail to keep your account information
secure and confidential.
You
may not use any other person’s SCARPA username, password or account at any time
without the express permission and consent of the holder of that SCARPA
username, password or account. If you are under 18, you may use SCARPA’s
Websites only with involvement and approval of a parent or guardian. SCARPA
will not be liable for any loss or damage arising from your failure to comply
with these obligations. You agree not to impersonate any person or entity or
misrepresent your identity or affiliation with any person or entity, including
using another person's username, password or other account information, or
another person's name, likeness, voice, image or photograph. You also agree to
notify SCARPA at customerservice@scarpa.com
immediately upon learning of any unauthorized use of your username, password,
other account information, or any other breach of security that you become
aware of involving or relating to any SCARPA Websites. SCARPA may suspend or
terminate your account and your use of any Websites if you fail to comply with
these Terms, and SCARPA reserves the right to refuse service, terminate any
account, remove or edit Content, and/or cancel orders in SCARPA’s sole
discretion.
Your
use of the Websites is conditioned upon your agreement to comply with all
applicable laws in connection with your use of the Websites, these Terms, and
such further limitations as may be set forth in any written or on-screen notice
from SCARPA. In addition, you
agree that all information that you provide to SCARPA in connection with any
purchase, transaction or other interaction with SCARPA on the Websites will be
accurate, complete, and current. You agree to pay all charges and any
applicable taxes incurred by yourself and/or any other users of your credit
card, debit card, or other payment method used in connection with any purchase
or transaction with SCARPA at the prices in effect when such charges are
incurred.
By
using the Websites, you agree not to violate, attempt to violate or assist
others in violating or attempting to violate the security of the Websites,
including, without limitation, doing or attempting any of the following: (1)
probing, scanning, or testing the vulnerability of the Websites, their servers,
systems or networks, (2) breaching authentication/security measures,
(3)
logging into a server or account or accessing data that you are not authorized
to access,
(4) interfering in any way with the Websites’ services to any user,
host, or network, by any means including, viruses, spam, overloading, etc., and/or
(5) sending unsolicited email, and/or forging headers in any email or posting.
You
agree that SCARPA may, in its sole discretion and without prior notice,
terminate your access to the Websites and/or block your future access to the
Websites, for any reason, including but not limited to: (1) if we determine
that you have violated these Terms or other agreements or guidelines associated
with your use of the Websites, (2) requests by law enforcement or other
government agencies, (3) a request by you, (4) discontinuance or material
modification of the Websites or any service offered on or through the Websites,
or (5) technical issues or problems. You agree that SCARPA will not be liable to you or to any
third party for termination of your access to the Websites. You also agree that any violation by
you of these Terms will constitute at minimum an unlawful and unfair business
practice, and will cause irreparable harm to SCARPA, for which monetary damages
would be inadequate, and you consent to SCARPA obtaining any injunctive or
equitable relief that SCARPA deems necessary or appropriate in such
circumstances. If SCARPA initiates
any legal action against you as a result of your violation of these Terms, you
agree that SCARPA will be entitled to recover from you, and you agree to pay,
all SCARPA’s reasonable attorneys’ fees and costs of such action, in addition
to any other relief granted to SCARPA. These remedies are in addition to any
other remedies SCARPA may have at law or in equity.
Electronic Communications. When you visit SCARPA Websites
or send e-mails to us, you are communicating with us electronically and you
consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on the Websites. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
Privacy. Please review SCARPA’s Privacy Policy, which
applies to your use of the Websites, and which is incorporated into and made a
part of these Terms by this reference. Additionally, by using the Websites, you
acknowledge and agree that Internet transmissions are never completely private
or secure. You understand that any message or information you send to the Websites
may be read or intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is encrypted.
Copyright. All Content included on the Websites, such as text, images, graphics,
logos, icons, audio and video clips, digital downloads, data compilations, and
software, and the compilation of all Content on this Websites is the exclusive property
of SCARPA, its licensors, or its suppliers and protected by the United States
Copyright Act and international
copyright laws. Nothing stated or implied on the Websites gives you any license
or legal right under any copyright of SCARPA or any third party. Federal and
state laws, prohibit you from duplicating, copying, reproducing, broadcasting,
modifying, editing, distributing, displaying, publishing, performing,
circulating, or transmitting any Content or part of the Websites for any
purpose.
Trademarks. All trademarks, logos and service marks (the "Marks")
displayed on the Websites are owned by SCARPA and/or third parties. You are
prohibited from using any of the Marks without the express, prior, written
permission of SCARPA or such third party. If you would like information about obtaining SCARPA's
permission to use the Content on your website, e-mail customerservice@scarpa.com.
Some of the U.S. registered
trademarks owned by SCARPA include: SCARPA, S SCARPA, and NO PLACE TOO FAR. All other Marks on our Websites and
other SCARPA.com graphics, logos, page headers, icons, scripts, and service
names are trademarks, registered trademarks, or trade dress of SCARPA in the
U.S. and/or other countries, and are owned exclusively by SCARPA. SCARPA's trademarks and trade dress may
not be used in connection with any product or service that is not SCARPA's, in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits SCARPA. All other trademarks not owned by SCARPA
that appear on the Websites are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by SCARPA. The
use or misuse of these trademarks or any materials, except as permitted herein,
is expressly prohibited, and nothing stated or implied on the Websites confers
on you any license or right under any patent or trademark of SCARPA or any
third party.
Materials You Post on the Websites. You may post reviews, comments,
photos, and other materials, send emails and other electronic communications, and
submit suggestions, comments, questions, or other information, so long as the
materials are not illegal, obscene, threatening, defamatory, and/or
objectionable in SCARPA’s sole discretion, and so long as the materials don’t
invade anyone’s privacy, otherwise injure anyone, or infringe on intellectual
property rights. In addition, the materials you post may not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of spam. You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of any materials. If you do post or submit material, you grant SCARPA a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such materials throughout the world in any media. You grant SCARPA and its
sub-licensees the right to use the name that you submit in connection with such
materials, if they choose. You represent and warrant (1) that you own or
otherwise control all of the rights to the materials that you post; (2) that
the materials are accurate; (3) that use of the materials you supply does not
violate this policy and will not cause injury to any person or entity; and (4)
that you will indemnify SCARPA for all claims resulting from materials you
supply. SCARPA reserves the right, but not the obligation, to monitor and edit
or remove any activity or materials in its sole discretion. SCARPA explicitly
disclaims, takes no responsibility for, and assumes no liability for any
materials posted by you or any third party.
Copyright Complaints. SCARPA respects the intellectual property of others. It is SCARPA's policy, as appropriate
and in its sole discretion, to terminate the accounts of users who infringe
upon the copyrights of third parties. If you believe that your work has been
copied in a way that constitutes copyright infringement, please contact us at:
SCARPA
North America, Inc.,
Attn:
Marketing Dept/DMCA Copyright Complaints
3550
Frontier Ave., Suite 100
Boulder,
CO 80301
303.998.2895
(phone)
303.998.2899
(fax)
customerservice@scarpa.com
and include the following information in writing, which
is required pursuant to the Digital Millennium Copyright Act
("DMCA"):
(1)
A detailed description of the copyrighted work that you claim has been
infringed.
(2)
A description of where the material that you claim is infringing is located on
the Websites reasonably sufficient to allow SCARPA to locate the material.
(3)
Your address, telephone number, and e-mail address.
(4)
A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law.
(5)
A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf
(6)
Your physical or electronic signature, if you are the copyright owner or
authorized to act on the copyright owner’s behalf, or the physical or
electronic signature of the owner or person authorized to act on behalf of the owner
of the copyright that has been allegedly infringed upon.
You acknowledge that if you fail to comply with all of
the above requirements, your DMCA notice may not be valid. Please see 17 U.S.C.
§ 512 for more information regarding the DMCA and DMCA notifications.
Risk Of Loss. All items that you order and purchase from SCARPA through
the Websites are transported and delivered by an independent carrier,
unaffiliated with SCARPA. Title to the items you have purchased, as well as
risk of the items loss, passes to you once SCARPA delivers of the items to the
carrier.
Product Descriptions & Availability. While SCARPA tries to accurately
describe its products and their availability, SCARPA does not represent or
warrant that its product descriptions, availability, and/or any other Content
are free of error, complete, up to date, or reliable. Please note that colors
of SCARPA products may appear differently on your computer monitor than they
are in reality. Most SCARPA
products are available to view at SCARPA retailers throughout the world. If a product offered by SCARPA itself
is not as described, your sole remedy is to return it in unused condition.
SCARPA's Liability. SCARPA makes no representations or warranties
about the accuracy, reliability, completeness, or timeliness of the Content or
about the results to be obtained from using the Websites and the Content. Any and
all use of the Websites and the Content is at your own risk. Changes are
periodically made to the Websites and may be made at any time by SCARPA in its
sole discretion. Some Content on the Websites may be provided by third parties
and SCARPA explicitly disclaims all responsible for any such Content provided
by third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
WEBSITES. Your use of the SCARPA Websites
is at your own risk. If you are dissatisfied with any of the Content or other
contents of the SCARPA Websites or with these Terms, your sole remedy is to discontinue use of the SCARPA Websites.
THE WEBSITES AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY SCARPA ON AN
"AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. SCARPA MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE,
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES,
UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED SCARPA
REPRESENTATIVE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SCARPA DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SCARPA DOES NOT WARRANT THAT (1) THE
WEBSITES, (2) INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, (3) THE
WEBSITES’ SERVERS, OR (4) E-MAIL SENT FROM SCARPA ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. SCARPA EXPLICITLY
DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES), ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITES OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE
SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED SCARPA REPRESENTATIVE.
LIMITED WARRANTY: PRODUCTS. SCARPA products are warranted to the
original retail purchaser to be free from defects in materials and workmanship
for one year from the original date of purchase. Warranties for non-SCARPA
products, that is products sold by SCARPA but manufactured by other
manufacturers (by way of example, products manufactured by Koflach or
Rottefella), may be different.
Check the materials that come with the non-SCARPA products and that
manufacturer’s website for information about their warranties. If you purchase a SCARPA product from
any SCARPA Websites that you believe is defective, return the product to us
pursuant to the SCARPA Return Policy and include your receipt and proof of purchase showing the
purchase date. SCARPA will repair or replace the product at our sole
discretion. If SCARPA determines
that there is no warranty issue with the returned product, the product will be
returned to you with a note of explanation. SCARPA’S LIABILITY UNDER THIS LIMITED WARRANTY IS EXPLICITLY
LIMITED SOLELY TO SUCH REPAIR OR REPLACEMENT. UPON EXPIRATION OF THE WARRANTY PERIOD, SCARPA SHALL HAVE NO
LIABILITY UNDER THIS LIMITED WARRANTY OR OTHERWISE. THE FOLLOWING ARE EXPLICITLY EXCLUDED AND NOT COVERED BY
THIS LIMITED WARRANTY: (1) DAMAGES DUE TO NORMAL USE AND WEAR; (2) DAMAGES DUE
TO ABUSE OR ACCIDENTS; (3) SCARPA PRODUCTS THAT HAVE BEEN RESOLED OR IN ANY WAY
MODIFIED; AND (4) THE FIT OF ANY SCARPA PRODUCT. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, and except as otherwise specified above, SCARPA MAKES NO
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY
WARRANTY AS TO THE DESIGN, CONDITION OR QUALITY OF MATERIALS AND WORKMANSHIP TO
THE PURCHASER OF THE GOODS AND/OR ANY OTHER PERSON WHATSOEVER.
Please note that 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 may have additional
rights.
SCARPA reserves the right to do any of the following,
for any reason, at any time, without notice: (1) to modify, suspend or
terminate operation of or access to the Websites, or any portion of the Websites;
(2) to modify or change the Websites, or any portion of the Websites, and any
applicable policies or terms; (3) to interrupt the operation of the Websites,
or any portion of the Websites, as necessary to perform routine or non-routine
maintenance, error correction, or other changes; and (4) discontinue or
restrict your use of this Websites.
WARNING: SKIING, CLIMBING, MOUNTAINEERING, TRAIL RUNNING, HIKING, WALKING,
AND RELATED ACTIVITIES, ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND
DANGEROUS. By purchasing or using
any SCARPA equipment in any manner, you agree that you are: (1) personally and
solely responsible for: (a) learning and knowing the limits and capabilities of
the equipment and yourself, (b) the proper use of and techniques for such
equipment, (c) making responsible, sound decisions in changing situations, and (2)
you assume all risks and accept full and complete responsibility for any and
all damages and injury of any kind to yourself or others, including death,
paralysis, and serious injury, which may result from or is related to your use
of any equipment manufactured by or purchased through SCARPA, its partners,
Websites, or retailers. In
addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE
RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH,
PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE
OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY SCARPA, ITS
PARTNERS, AND/OR THAT IS CONTAINED IN ANY SCARPA WEBSITES, CATALOGS, PUBLICATIONS,
OR OTHER SCARPA MATERIALS.
Resources like the SCARPA Websites and publications can provide useful
information and tips, but they are no substitute for good decision making, safe
and appropriate use of equipment, or professional instruction for the numerous hazardous
situations in which you may choose to use SCARPA products.
Disclosure of Your Information. You agree and SCARPA reserves the right at all times and
without further notice to disclose any information that SCARPA deems necessary
to comply with any applicable law, regulation, administrative or legal process
or governmental request. SCARPA
also may disclose your information when SCARPA determines that applicable law
requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes. You agree that SCARPA may disclose any
information we have about you (including your identity) if SCARPA determines
that such disclosure is necessary in connection with any investigation or
complaint regarding your use of the Websites, or to identify, contact or bring
legal action against someone who may be causing injury to or interference with,
either intentionally or unintentionally, the Websites, SCARPA’s rights or
property, or the rights or property of the Websites’ users, including SCARPA’s
customers. You acknowledge and agree that SCARPA may preserve any transmittal
or communication by you, including emails, through the Websites or any service
offered on or through the Websites, and may also disclose such data if required
to do so by law or SCARPA determines that such preservation or disclosure is
reasonably necessary to (1) comply with legal process, (2) enforce these Terms,
(3) respond to claims that any such data violates the rights of others, and/or
(4) protect the rights, property or personal safety of SCARPA, its employees,
users of or visitors to the Websites, and the public.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCARPA, ITS
SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES,
LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF
ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY SCARPA BY ANY THIRD PARTY
RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES, YOUR
BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER VIOLATION BY YOU THAT CREATES
LIABILITY FOR SCARPA.
Applicable Law. By visiting or using any SCARPA
Websites, you agree that :
(1) All matters relating to your
access to or use of the Websites, including all disputes, will be governed by
the laws of the United States and by the laws of the State of Colorado without
regard to its conflicts of laws provisions;
(2)
The exclusive forum for any claims or causes of action arising out of your use
of the SCARPA Websites shall be either the United States District Court for the
District of Colorado, or any Colorado State court sitting in Boulder County,
whichever has jurisdiction, for any dispute relating in any way to or arising
out of your visit to SCARPA Websites, or to products or services sold or
distributed by SCARPA or through SCARPA Websites;
(3)
You hereby irrevocably waive, to the fullest extent permitted by law, (a) any
objection that you may now or hereafter have to such jurisdiction and venue and
(b) any claim that any such proceeding brought in such a court has been brought
in an inconvenient forum. Note that the preceding provision (2) regarding venue
may not apply if you are a consumer based in the European Union, however, in
all cases, the United Nations Convention on Contracts for the International
Sale of Goods shall not apply in any dispute arising out of or related
to these Terms;
(4)
Any and all claims under these Terms must be brought by you within one (1) year
after the cause of action arises, or such claim or cause of action is barred.
Claims made under the separate terms and conditions of purchase for goods and
services are not subject to this limitation.
(5)
No recovery may be sought or received by you against SCARPA for damages other
than out-of-pocket expenses.
(6)
In the event of any controversy or dispute between SCARPA and you arising out
of or in connection with your use of the Websites, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to
resolve any such dispute within a reasonable time (not to exceed sixty (60)
days), then either party may submit such controversy or dispute to mediation.
If the dispute cannot be resolved through mediation, then the parties shall be
free to pursue any right or remedy available to them under applicable law.
(7)
A printed version of these Terms and of any notice given in electronic form
shall be admissible in any judicial or administrative proceeding based upon or
relating to these Terms to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form. All headings in these Terms are for convenience or
reference only and shall be ignored in construing these Terms.
(8)
SCARPA’s failure to enforce all or any part of these Terms or respond to a
breach thereof by you or any other party shall not in any way be
construed as a waiver or a relinquishment of any right granted SCARPA hereunder
of the future performance of all or any part of these Terms, and your obligations set
forth in these Terms shall continue in full force and effect.
(9)
If any provision in these Terms is held invalid or unenforceable under
applicable law, the invalid or unenforceable provision will be modified to the
minimum extent necessary and deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remaining provisions of these Terms will continue in full force and effect.
(10)
These Terms contain the entire and final agreement regarding SCARPA Websites
and their Content, and supersede any prior or contemporaneous communications
between you and SCARPA regarding the Websites.
(11)
Any offer for any feature, product or service made on the Websites is void
where prohibited. If you choose to access the Websites from outside the U.S.,
you are solely responsible for complying with applicable U.S. and local laws. Although the Websites may be accessible
worldwide, not all products or features provided or offered through the
Websites are available in all geographic locations, or available (legally or
otherwise) for use outside of the U.S. SCARPA reserves the right to limit, in its sole discretion,
the provision and quantity of any product or feature shown on the Websites to
any person or geographic area.
(12)
All rights not explicitly granted in these Terms are hereby reserved by SCARPA.
08192010
