TERMS OF USE

 

 

Effective Date: April 13, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS. 

These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile applications, social media pages and online services (collectively, the “Sites”) provided by Osprey Packs, Inc. and our subsidiaries and affiliates (collectively, “Osprey”, “we” or “us”), including, without limitation, https://osprey.com, pursuant to which we make available our innovative packs, carriers, bags and accessories (“Products”) (collectively, with the Sites, the “Services”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on that entity's behalf and that the entity agrees to be responsible to us in the event you violate these Terms. These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase through the Sites (defined below).

Osprey reserves the right to change these Terms from time to time. If Osprey makes changes to these Terms, we will provide you with notice of these changes by sending you an email if you previously provided us with one or posting a notice on our Sites. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the Services will confirm your acceptance of the revised Terms whether or not you receive notice via email or see our notice posted on our Sites of such changes. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services. Any use of the Services in violation of these Terms may result in, among other things, termination of your account. We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

If you have any questions or comments about the Services, please contact customer service at our  Contact Us page, by calling (866) 284-7830 or by emailing us at [email protected]. 

 

 

PART ONE - TERMS FOR ALL USERS

 

1. PRIVACY POLICY

Please refer to our Privacy Policy  for information on how Osprey collects, uses and shares information about you.

 

2. ELIGIBILITY, REGISTRATION AND ACCOUNT

2.1 The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for their acts or omissions in relation to our Services. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

2.2 In order to access and use certain areas or features of our Sites, you will need to register for an account. You will (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Osprey if you discover or otherwise suspect any security breaches related to your account or the Sites.

 

3. OSPREY INTELLECTUAL PROPERTY RIGHTS

3.1 Unless otherwise indicated, the Services and all content and materials within the Services, including but not limited to Osprey logos and all designs, text, graphics, pictures, information, data, software, sound or video files, other content and the selection and arrangement of any of the foregoing (collectively, “Content”) are the proprietary property of Osprey, our affiliates or our licensors, suppliers or users and are protected by U.S. and international copyright and other laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.

3.2 You are granted a revocable, limited, nonexclusive, non-sublicensable license to access and use the Services for your own personal, non-commercial use. Any use of the Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate the license granted and infringe our intellectual property rights.

3.3 “Osprey,” the Osprey logo and other Osprey Product or service names, logos or slogans that may appear on the Services are trademarks or registered trademarks of Osprey and may not be copied, imitated or used, in whole or in part, without the prior written permission of Osprey or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Osprey” or any other name, trademark or Product or service name of Osprey without our prior written permission. In addition, the look and feel of the Services, including all Products, Site page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Osprey and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, component names and company names or logos mentioned on the Sites are the property of their respective owners.

 

4. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Osprey has adopted a policy of limiting access by, or terminating the online accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Sites infringes upon a copyright that you own or control, you may notify our designated agent as follows:

Name of Designated Agent:   Osprey Legal Department

Address:          800 N. Park Street, Cortez, CO 81328

Phone: 970-529-7506

Email: [email protected]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our reliance on your misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

5. USER CONDUCT AND CONTENT

5.1 You will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Services. You will also abide by any rules or policies governing your use of our Services and you will not:

 

• Use the Services other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
  Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
• Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• Use or attempt to use another's account without authorization from Osprey;
• Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop or use any third-party applications that interact with our Sites without our prior written consent;
• Use the Sites in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
• “Frame” our Sites or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.

 

5.2 The Sites may include profiles, Product reviews or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos or other materials on the Sites (collectively, “User Content“). User Content may be publicly-viewable along with profile information associated with your Site account, but it does not include your Site account information or information you submit in order to make a purchase. You are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.

5.3 By using any Interactive Areas connected with Osprey Stories or Osprey’s social media pages, you will adhere to the Osprey Content Policy, which describes our rules regarding prohibited conduct and prohibited content in our online community. The Osprey Content Policy is incorporated into these Terms by this reference. 

5.4 Osprey encourages our users to report user conduct and User Content that violates these Terms. Enforcement of the Terms, however, is solely in our discretion.  In addition, these Terms do not create any private right of action for you or any third party.  We do not guarantee that the Sites will not contain any content that is prohibited by these Terms. Although Osprey has no obligation to screen, edit or monitor any of the user conduct or User Content posted on the Sites, Osprey reserves the right, and has absolute discretion, to monitor user conduct on the Sites and to remove, screen or edit any user conduct or User Content posted or stored on the Sites at any time and for any reason without notice.

 

6. REVIEWS

6.1 We may provide specific opportunities for you to tell Osprey and other Osprey members or users what you think about our Products. You are solely responsible for the reviews you submit and understand that you may not be able to delete this content after it has been published. If you submit reviews, 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 or giving you something for free to encourage you to comment, you will make appropriate disclosures). 

6.2 All reviews are strictly the opinion of the user posting the reviews, and Osprey does not endorse or approve any reviews or have any responsibility or liability for the accuracy, appropriateness or content of reviews. 

6.3 Finally, we use a third party to “power” or facilitate the opportunity for you and our other customers to provide reviews. If you would like to post a review, you will also need to review that third party's terms of service and privacy policy to determine whether they are acceptable to you. If they are not, do not provide reviews to us using the third party's service or technology.

 

7. RIGHTS IN USER CONTENT

7.1 Except as otherwise provided in these Terms, on the Sites or in a separate agreement with us (such as the content submission agreement or a content release agreement), Osprey claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant Osprey a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display the User Content on the Sites and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. Also, if you submit, post or share User Content through the Sites or third-party platforms, you understand that this User Content will be viewable by others.

7.2 By posting User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use the User Content to the Sites and to grant the rights to Osprey that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, does and will comply in all respects with these Terms, and any other applicable Osprey terms, guidelines or policies or any applicable law, rule or regulation.

 

8. FEEDBACK

Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, Osprey and our Products (collectively “Feedback”). We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, our Products or our Services in Osprey’s sole discretion. Osprey will own all improvements to any Feedback, Products or Services and all associated intellectual property rights.  Osprey may treat Feedback as nonconfidential. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them.

 

9. DISCLAIMERS

9.1 Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Osprey does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Osprey attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

9.2 The Content, including, but not limited to, Osprey and third-party photos, videos, articles, information and other content is general in nature and must be used with an appreciation for the differing capabilities among individual users, weather and other varying conditions, and the differing demands placed on equipment or techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists. You acknowledge that you could be seriously injured or die when engaging in activities presented on the Sites and that you should receive professional instruction when appropriate. You assume all risks associated with engaging in any activities or using any equipment presented on the Services.

 

10. LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by applicable law, Osprey and the other Osprey Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental or special damages or lost profits, even if Osprey or the other Osprey Parties have been advised of the possibility of such damages.

10.2 The total liability of Osprey and the other Osprey Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to us in the previous twelve (12) months.

10.3 The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Osprey or the other Osprey Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10.4 To the fullest extent permitted by applicable law, you release Osprey and the other Osprey Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

11. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Osprey and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Osprey, the “Osprey Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Services; (b) any User Content you create, post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation, misappropriation or infringement of any rights of any third party. You will promptly notify the Osprey Parties of any third-party Claims, cooperate with the Osprey Parties in defending the Claims and pay all fees, costs and expenses associated with defending Claims (including but not limited to attorneys' fees). The Osprey Parties will have control of the defense or settlement of any third-party Claims.

 

12. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Osprey and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

12.1 No Representative Actions. You and Osprey agree that any dispute arising out of or related to these Terms or our Services is personal to you and Osprey and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

12.2 Arbitration of Disputes. Except for small claims disputes in which you or Osprey seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Osprey seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Osprey waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have with Osprey you agree to first contact Osprey and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Osprey by email at [email protected] or by certified mail addressed to 800 N. Park Street, Cortez, CO 81321. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Osprey cannot reach an agreement to resolve the Dispute within thirty (30) days after a Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration.  Arbitration proceedings will be held in Montezuma County, Colorado unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 12, a “consumer” means a person using the Services for personal, family or household purposes.  You and Osprey agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”).  The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

12.3 You and Osprey agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

12.4 The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Osprey, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s). The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  

12.5 You and Osprey agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Osprey will pay the remaining JAMS fees and costs. For any arbitration initiated by Osprey, Osprey will pay all JAMS fees and costs. You and Osprey agree that the state or federal courts of the State of Colorado and the United States sitting in Montezuma County, Colorado have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

12.6 Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Osprey will not have the right to assert the claim. 

12.7 You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by notifying us of our decision to opt out by email at [email protected].  In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.

12.8 If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

 

13. MODIFYING AND TERMINATING OUR SERVICES

13.1 Osprey reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. 

13.2 You may terminate the Terms at any time by closing your account, discontinuing your use of the Services or providing Osprey with a notice of termination. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services. Osprey reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of the Sites, and to block or prevent your future access to and use of the Services or any portion of the Sites.

 

14. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Colorado, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Colorado and the United States, respectively, sitting in Montezuma County, Colorado.

 

15. SEVERABILITY

If any term, clause, or provision of these Terms will be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining terms, clauses, or provisions.

 

16. MISCELLANEOUS

16.1 The failure of Osprey to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. 

16.2 The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” 

16.3 You consent to communications between us being conducted electronically. 

16.4 These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any third party.

16.5 Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

16.6 These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.

PART TWO – TERMS OF SALE

 

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT THROUGH THE SITES.

 

1. PRICING AND AVAILABILITY

All prices are shown in U.S. dollars except where otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products without notice, even if you have already placed your order. All prices are subject to change without notice and taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. 

 

2. ERRORS

We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not warrant that any Product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a Product or otherwise—we reserve the right to correct any error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of a pricing error is to cancel your order or return the item and obtain a refund. 

 

3. AVAILABILITY

The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order. We will not charge your payment method until the item ships to the designated delivery address. 

 

4. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES

All of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible for printing or making an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

 

5. PAYMENTS; ORDERING; BILLING.

5.1 You will provide accurate and up-to-date payment information at the time you order any Product. You will have sufficient funds or credit available upon placement of any order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

5.2 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You will pay for taxes, shipping or carriage of the Products as those costs are specified by us when you submit your order.

5.3 All orders of Products must be for your personal use only. You will not resell or distribute Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we may reject or cancel any order that you place. We also may, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

6. SHIPPING & HANDLING; NO EXPORT BY YOU

6.1 We will do our best to fulfill your order by the delivery date set out in the Order Confirmation. However, specific shipping times shown on the Sites are estimates only which are generated by our shipping providers – actual delivery dates may vary.

6.2 Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will attempt to notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses.

6.3 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. 

 

7. RETURNS AND EXCHANGES OF PRODUCTS

7.1 We hope your Osprey pack lasts a lifetime, but if you need to make a return, please follow the instructions on our Returns page. You have 30 days from receipt of Product to initiate a return. We only accept returns for items purchased on the Site or by phone. Items must be returned in brand new, unused condition, with all hang tags and packaging intact. A refund will be issued within 7-10 business days of receipt for the purchase price to the payment method that was used to make the purchase. 

7.2 You may be required to provide identification, proof of purchase, or additional verifiable information to help Osprey locate the purchase in our records. If a gift certificate or card, voucher, coupon or other similar payment method was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit instead of a cash refund. We reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

8. COMPLAINTS AND LEGAL NOTICES

All complaints and legal notices should be mailed to Osprey Packs, Inc., Attn: Legal Department, 800 N Park St., Cortez, CO 81321. If a law requires us to accept legal notices via email, call (866) 284-7830 to ask for the email address intended for receipt of those notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.

9. PRODUCT REPAIR OR REPLACEMENT

9.1 Osprey proudly offers its All Mighty Guarantee, which is a limited functional repair policy that is in effect for the life of most Products. Note that not all Products qualify for our lifetime All Mighty Guarantee policy, such as our Poco Child Carriers or reservoirs manufactured and sold before 2016. To submit a repair request for a Product, please review the terms and conditions of our Warranty Claims & Repairs page.

9.2 Osprey makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the Products, including any warranty arising from course of dealing, course of performance, or usage of trade. 

9.3 Your sole and exclusive remedy, and Osprey's sole and exclusive liability, for any breach of warranty by Osprey is your right to return the Product, or submit your Product for repair, if available, under our All Mighty Guarantee.