Terms & Conditions

 

OVERVIEW

This website is operated by New Path Outdoors LLC, a Minnesota limited liability corporation (“we,” “us,” or “New Path Outdoors”).  These Terms and Conditions (“Agreement” or “Terms”) is intended to make you, the user, (“you”) aware of the terms and conditions of your use of our website(s), any mobile applications or websites we have, and any other linked and related pages and content (the “Site”), and any products offered through the Site (“Products”). It applies to any Site where this Agreement is referenced or linked to. We reserve the right to update and modify these Terms at any time without prior notice. Any modifications to these Terms will be effective immediately upon posting of the updated Terms on the Site. Your continued use of the Site following a notice of updated Terms constitutes your acceptance to be bound by any changes.

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site or by ordering a Product, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or purchase any Product.

Any new features, Products, services or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to any of the modified Terms, your only option is to cease using the Site and delete your account (if applicable).

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent and warrant to us that (a) you are at least 13 years old; (b) you are of legal age to form a binding contract or have your parent or legal guardian's permission to do so; (c) all account information you submit is accurate and truthful and you will maintain the accuracy of such information; and (d) you are legally permitted to use and access the Site and take full responsibility for your access, selection and use of such.

New Path Outdoors grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site in accordance with these Terms. This license does not include any resale or commercial use of the Site or any content associated with the Site. You may not use our Site for any illegal purpose. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

SECTION 2 – PROHIBITED USES

You shall not use the Site to: (a) commit or further any unlawful purpose; (b) solicit others to perform or participate in any unlawful acts; (c) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, crawl, or scrape; (j) commit or further any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Site, other websites, or the Internet. We reserve the right to terminate your account or use of the Site for violating any of these Terms, including the prohibited uses. We reserve the right to take appropriate legal action, including but not limited to, referral to law enforcement, for any use that we deem in our sole discretion to be an illegal or unauthorized use of our Site. We will fully cooperate with any law enforcement agency or officials in the investigation of any user who violates these Terms.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse access to or use of our Site to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - MODIFICATIONS TO THE SITE AND PRICES

We reserve the right at any time to modify or discontinue the Site or any Product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Products.

SECTION 5 - PRODUCTS

Certain Products may be available exclusively online through our store. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy, available here.

We make every effort to display as accurately as possible the colors, features, specification, details and images of our Products available through our Site. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Product at any time for any reason. Prices for our Products are subject to change without notice.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.

SECTION 6 – PURCHASES AND PAYMENT; ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We accept the following forms of payment: American Express, Apple Pay, Diners Club, Discover, Elo, Google Pay, JCB, MasterCard, PayPal, Venmo, and Visa.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account, payment and other information, including your email address, shipping address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you create an account with us, you may not use a name, email, phone number or other information of another person or entity with the intent to impersonate that person. You shall provide us with accurate, complete and updated account information. It is your sole responsibility to update your account information as necessary. You will protect the confidentiality of your password and account information and are responsible for maintaining the confidentiality of such. Any failure to comply with this provision may result in immediate termination of your account. New Path Outdoors reserves the right to refuse registration of or cancel your account in our sole discretion. You will not: (a) use another user’s credentials to obtain copies of or access the Site; or (b) use your account to download unauthorized copies of, or grant others access to, the Site.

By providing us with your email when you make a purchase, create an account, communicate with us or sign up to receive our newsletters, you agree to receive email communications from New Path Outdoors, which may include, but are not limited to, promotional materials, information about new Products, and information about your order(s). If at any point you wish to unsubscribe from these emails, you may do so by clicking the “Unsubscribe” button at the end of each email.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from or be supported by third-parties. In connection to these materials, third-party links on this Site may direct you to third-party websites that are not affiliated with us. We do not endorse, warrant, or guarantee any product or service available through any third party. We are not responsible for examining or evaluating the content or accuracy of any third party sites or the content therein and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction with any third party.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, feedback, recommendations, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively,
“Comments”), you hereby grant New Path Outdoors an exclusive, transferable, sublicensable, worldwide, royalty-free irrevocable license to use or incorporate into our Site and Products any Comments provided by you relating to the Site or Products.  We have no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove Comment or other content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms.

We may provide specific opportunities for you to tell New Path Outdoors and third parties what you think about our Products. You are solely responsible for any review you submit and understand that you may not be able to delete a review after it has been published. You assume all risks associated with your reviews, including anyone's reliance on the quality, accuracy or reliability of such reviews, and the disclosure of your personal information in connection with such content. 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 agree to make appropriate disclosures). All reviews are strictly the opinion of the user posting such reviews, and we do not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. We may accept, reject, modify, or remove reviews in sole discretion. We do not have any obligation to screen reviews or delete reviews, even if someone considers a review to be objectionable or inaccurate. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is hereby incorporated into this Agreement. To view our Privacy Policy, click [here].

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or about our Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information relating to a Product or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law.

SECTION 12 – INTELLECTUAL PROPERTY RIGHTS

Ownership of and all right, title and interest in and to all intellectual property rights (including all registered and unregistered rights granted or applied for, now or hereafter existing, in or related to patent, trademark, service mark, copyright, trade secret rights, or other intellectual property rights) in the Site and all related content are and shall remain with New Path Outdoors or its licensors. You acquire only the right to use and access the Site pursuant to these Terms, and you do not acquire any ownership rights or title in or to the Site.

“New Path Outdoors,” the New Path Outdoors logo and all New Path Outdoors product and service names, are trademarks or service marks of New Path Outdoors or its affiliates (collectively, the “Marks”). No right or license to use the Marks is granted under these Terms.

SECTION 13 - DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND PRODUCTS ARE  PROVIDED 'AS IS' AND 'AS AVAILABLE' AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEW PATH OUTDOORS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION, NEW PATH OUTDOORS MAKES NO WARRANTY THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT YOUR USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT RESULTS OBTAINED FROM THE USE OF THE FORGOING WILL BE ACCURATE OR RELIABLE, OR THAT ANY INFORMATION OR CONTENT FOUND ON THE FOREGOING WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE WILL BE CORRECTED THAT THE SITE AND ANY CONTENT OR INFORMATION THEREIN WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 14 – LIMITATION OF LIABILITY

IN NO CASE SHALL NEW PATH OUTDOORS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF NEW PATH OUTDOORS WAS AWARE OF THE POSSIBILITY OF ANY LOSS OR DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 15 - INDEMNIFICATION

You shall  indemnify, defend and hold harmless New Path Outdoors and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any and all loss, damage, or expense (including legal fees reasonably incurred in the defense of any claim) incurred by New Path Outdoors as result of any claim, action or proceeding, arising out of or related to (a) your use or misuse of the Site or Products; (b) your actual or alleged violation of these Terms; (c) your infringement or violation of any intellectual property, proprietary, or privacy rights of any third party; (d) injury to person or property arising from acts of negligence, bad faith, willful misconduct, or reckless disregard by you relating to these Terms or the Site or Products; or (e) actual or alleged violation of applicable law in connection with your use of the Site or Products.

SECTION 16 - TERMINATION

These Terms remain in effect until the earlier of (a) the date which you delete, or we terminate your account; or (b) the date we cease provision of the Site or Products. New Path Outdoors may terminate or suspend your access to the Site (and/or any feature thereof) or your account at any time, for any reason, without warning, and in our sole discretion, which may result in the forfeiture and destruction of all information associated with your account. You may delete your account at any time by [insert how to delete account here]. Upon termination of your account, whether by us or you, your right to access and use the Site will immediately cease.

SECTION 17 - GENERAL PROVISIONS

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms sets forth the entire and exclusive understanding and agreement between you and New Path Outdoors and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

In the event that any provision of these Terms  is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms and any separate agreements between New Path Outdoors and you shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States, without regard to its conflicts of law provisions. Any legal proceedings that arise under these Terms shall be brought in Itasca County, Minnesota or, if applicable, the United States District Court for the District of Minnesota.

The following sections of these Terms will survive termination or expiration Section 2 (Prohibited Uses), 9 (User Comments, Feedback and Other Submissions), Section 12 (Intellectual Property Ownership), 13 (Disclaimer of Warranties), Section 14 (Limitation on Liability), Section 15 (Indemnification), and Section 17 (General Provisions). Any other provision that by its nature is designed to survive termination or expiration will also survive as such.

SECTION 18 - CONTACT INFORMATION

Questions about these Terms should be sent to us at info@newpathoutdoors.com.