Terms of Use for OlympicUL.com

ACCESS TO THIS SITE:
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER to access this web site. If you are under 18 years old, you are not permitted to access this web site for any reason or to use any of it’s services that require submission of personal information and you should not submit any personal information to us. This includes submitting personal information to this web site as part of a user profile or personalization profile. Due to the age restrictions for use of this web site, no personal information obtained by this web site falls within the Child Online Privacy Protection Act (COPPA) and it thus not monitored as doing so.

For those 18 years and older, to access this web site and it’s resources, you may be asked to provide registration information. As a condition of your use to this web site, all of your information must be correct and complete. If the Company (Embrace Health, Inc. DBA OlympicUL.com) deems your information to not be correct or complete, the Company has the right to refuse access to this web site, including any of its resources, or terminate your access at any time without notice.

LIABILITY STATEMENT
Hiking and backpacking are potentially dangerous activities. It is your responsibility to know and follow appropriate outdoor safety and stewardship practices while using the outdoors or using any of the products on this website. By entering this site, you agree to take full responsibility for your hiking and backpacking actions and you agree to release, indemnify and hold harmless, Lester Moore, OlympicUL.com and their employees, consultants, and heirs.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK
In no event shall the Company be liable for any consequential damages arising out of any use of, or reliance on any content contained herein, nor shall the Company be liable for any content of any external internet sites listed and corresponding services listed.

You agree to indemnify, defend and hold harmless the Company for any and all unauthorized uses you may make of any material on the site and it’s associated published works. You acknowledge the unauthorized use of the contents and associated published works could cause irreparable harm to the Company and that in the event of an unauthorized use, the Company shall be entitled to an injunction in addition to any other remedies available at law or in equity.

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO PRODUCTS APPEARING ON THE OLYMPICUL.COM WEBSITE, ALL CONTENTS ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESSED OR IMPLIED. THE COMPANY DOES NOT MAKE REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The Company does not guarantee that the functions contained in the site will be uninterrupted or error-free. The Company cannot and does not guarantee or warrant that files available to be downloaded from the Internet will be free of viruses, Trojan horses, worms or other harmful components that may produce destructive properties, or that defects will be corrected even if the Company is aware of them. You are responsible for maintaining and securing your devices and for reconstruction of any lost data. The Company cannot and does not assume any responsibility or risk for your use of the internet.

RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by these terms of use. You may not use this site for any other purpose, including any commercial purpose, without The Company’s express prior written consent. As part, you may not frame this site, hyper-link to this site, or co-brand this site without The Company’s prior written consent. You agree to cooperate with The Company in causing any unauthorized hyper-linking, framing or co-branding to immediately cease.

FEEDBACK AND SUBMISSIONS
You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). We welcome your input and opinions. However, unless otherwise agreed upon in writing, any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.

PAYMENT METHODS
We accept PayPal payment only. We do not accept checks, credit cards or money orders. You may pay with your credit card through PayPal. Credit card charges will show “Embrace Health” as the seller.

PRODUCT SALES AND AVAILABILITY
All prices displayed on the site are quoted in U.S. Dollars. The Company reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.

SHIPPING
Products purchased on this website that cannot be picked up by the buyer will be shipped using the appropriate shipping method, depending on cost, timing and other considerations.

LOST PACKAGES
If you do not receive your package within 2 weeks of shipping, please contact us here and we’ll make every attempt to locate your package. If the package is lost due to our error or shipper error, we will open an investigation with the appropriate shipper to attempt to locate the package. If the investigation finds that the package cannot be found, then we will issue a refund for the original cost of the product. In the case of lost packages due to customer error, see the incorrect shipping address section below.

INCORRECT SHIPPING ADDRESS
The Company is not responsible for any lost packages which are incorrectly addressed due to customer error. If you contact us after your order has been placed regarding an incorrect or incomplete shipping address, we will make every effort to correct your information prior to your package being shipped. However, once your package has been processed and shipped, we cannot make address corrections to your package.

Shipping labels are generated from the information you provide us. If you provide incorrect or incomplete address information when placing your order (incorrect zip code, missing apartment/suite/office number/name, etc.) and your package is lost you will be charged the full cost for any re-shipped products plus the cost of shipping. PLEASE TAKE CARE TO INCLUDE YOUR CORRECT SHIPPING ADDRESS.

RETURNS AND REFUNDS
See our Returns & Exchanges policy here.

CANCELLATIONS
If you wish to cancel an order, call us as soon as possible – our phone number is on our contact form. We will make every attempt to stop your order before it ships. However, if your order has already been shipped, you will have to return (or refuse) the package (see return policy listed above). Any order that is cancelled after it leaves our facility will be considered a return as per our return policy.

PROPRIETARY INFORMATION
All Content on this web site and all electronic and printed works (except where otherwise noted) are protected as the proprietary information of the Company and are protected under copyright law. All rights not expressly granted are reserved.

Accordingly, any of the Company web site content, published works and audio or video content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, unless authorized in writing elsewhere on the web site or in company materials. Materials downloaded may be printed out solely for your own personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, or any other proprietary notice appearing on any of the Company content. Modification or use of the content except as expressly provided in these Terms of Use violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

TRADEMARKS AND LOGOS
Trademarks and logos appearing on this web site and within the Company materials and content are property of the Company unless otherwise noted.

X-PacTM is a registered trademark of Dimension Polyant Sailcloth, Inc.

Any reproduction, modification, or transmission in any form for any reasons other than a personal use or short credited quotes is strictly prohibited and will result in legal prosecution. In other words we will prosecute those who copy our web site and electronic or published works in order to sell it, market it under another name, change its content, plagiarize it, or claim to be the inventor of this formula or an essentially similar process.

IMAGES
Images and content are copyrighted unless otherwise noted. No form of reproduction, including copying or saving of any digital image files, or the alteration or manipulation of said image files, is authorized. Each image is legally protected by U.S.and International copyright laws and may NOT be copied or used for reproduction in ANY manner without the explicit written authorization of Lester Moore. All pictures on this Web Site are for Web browser viewing only. Other usages of the images (including comp usage) must be negotiated. The images on this entire site may not be used for any purpose without express written consent. Unauthorized duplication, copying or saving of digital image files, or usage is prohibited by the Copyright law and will be prosecuted. We vigorously protect our copyright interests. In the event that an infringement is discovered, you will be notified and invoiced the industry-standard TRIPLE FEE for unauthorized usage and/or prosecuted for Copyright Infringement in U.S. Federal Court where you will be subject to a fine of up to U.S. $100,000.00 statutory damages as well as our court costs and attorneys’ fees.

Some images on this web site and within our resources and content were purchased from stock agencies or are, to the best of our knowledge, public domain, non-copyright protected images. If you own an image on the Company web site that is a copyright-protected image, please contact us here.

LINKS
Some links on the site will allow you to connect with sites that are not under our control. The Company provides these links to readers only as a convenience. The appearance of a link does not imply endorsement by the Company. The Company is not responsible for the contents of any linked site. Access them at your own risk.

PRIVACY & SECURITY
For an explanation of practices and policies of the Company, related to the collection, use and storage of our online guests’ information, please read our Privacy Policy. For information about the security of your ordering information while shopping at olympicUL.com, please also refer to our Privacy Policy.

JURISDICTIONAL
Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of Washington. The Company make no representation that materials in this site are appropriate or available for use in other locations. If you access this site from outside the United States, be advised this site may contain references to information and services that are not available or are prohibited in your country.

INDEMNITY
You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

LIMITATION ON LIABILITY. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Washington, USA, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington, USA in connection with any dispute between you and the Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the State and Federal District Courts in Washington state, USA. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The Company may revise these Terms of Use at any time by updating this posting.

The Company reserves all rights not expressly granted here.

Last updated April 2019.