Terms of Use

Effective as of September 15, 2014

These Terms of Use (“Terms”) apply to your use of the North 40 Outfitters website located at www.north40.com and all other sites, services and tools where these Terms appear or are linked (collectively, the "Site") and are provided by CSWW INC., dba North 40 Outfitters (“North 40 Outfitters,” “we,” “us” or “our”). BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. 

We may revise these Terms at any time without notice by updating this posting, and such changes will be effective immediately upon being posted. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the current Terms to which you are bound.  When these Terms are revised, we will also revise the "effective as of" date set forth at the beginning of these Terms. We reserve the right to discontinue any part of the Site at any time.
If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of this Site.


Please read our Privacy Policy which is incorporated herein by reference. By using this Site, you agree to be legally bound by such Privacy Policy, which discusses and governs our collection and use of any information you submit to us through this Site. This Site is intended for use by individuals thirteen (13) years of age or older. If you are under eighteen (18), you may use this Site only with involvement of a parent or guardian.

USE
When you create an account on the Site, or otherwise submit information on the Site, you must provide us with accurate and complete information.  Any use or access by anyone under the age of thirteen (13) is prohibited. If you are under eighteen (18), you may use the Site only with express permission of a parent or guardian. If you access the Site or open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

  • Copyright.  This Site and all materials on this Site, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files and the selection and arrangement thereof (the “Materials”) are owned by and, to the extent copyright laws apply to such Materials, are the copyrighted materials of North 40 Outfitters or third parties.  North 40 Outfitters hereby grants you a limited license to display, copy, distribute, and download the Materials on this Site for your personal, noncommercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials.  You may not distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use without our prior written approval.  You may not “frame” or “mirror” any Material contained on this Site on any other website or server without our prior written permission.  Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and other laws and regulations.
  • Trademarks; Trade Dress.  The trademarks, service marks, trade names, and logos used and displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of North 40 Outfitters or third parties.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of North 40 Outfitters or third parties, and none of the foregoing may be copied, imitated or used, in whole or in part, without the prior written permission of North 40 Outfitters or the owner thereof.  Nothing in this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on the Site, without the express written permission of North 40 Outfitters or the Trademark owner.  Unauthorized use of the Trademarks displayed on this Site is strictly prohibited.

YOUR ACCOUNT
You may be required to register with North 40 Outfitters in order to access certain services or areas of this Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to North 40 Outfitters including those set forth in these Terms, North 40 Outfitters reserves the right, without notice and in its sole discretion, to terminate your account, refuse service to you, or cancel orders.  You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to us is submitted at your own risk.

USER COMMENTS, SUBMISSIONS AND REVIEWS
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Site shall be and remain the exclusive property of North 40 Outfitters. Your submission of any Comments shall constitute and is an assignment to North 40 Outfitters of any and all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Comments. North 40 Outfitters will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, please do not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Certain areas of the Site enable you to submit reviews or otherwise provide feedback or information to us (“User Reviews”).  You acknowledge and agree that we reserve the right (but have no obligation) to alter, remove, or refuse to post or allow to be posted any User Review, in our sole discretion. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. North 40 Outfitters neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. North 40 Outfitters will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of North 40 Outfitters. You agree that in submitting User Reviews:

  1. You will submit only content that complies with applicable law, and will not submit content that:  infringes, misappropriates or violates any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is threatening, abusive, harassing, inflammatory, discriminatory, defamatory, libelous, deceptive, fraudulent, tortious, obscene, vulgar, pornographic, offensive, profane, repetitive, or otherwise inappropriate; contains any viruses or other software that may adversely affect the operation of another's computer; or impersonates any person or entity;
  2. Such User Reviews will be deemed non-confidential; and
  3. You hereby grant to North 40 Outfitters a nonexclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, fully transferable, fully sublicensable license to use, copy, modify, publish, perform, transmit and display User Reviews via any media and waive any moral rights you may have in User Reviews. Subject to our Privacy Policy, we shall be free to use User Reviews, including any ideas, concepts, know-how, or techniques contained in such User Reviews, for any purpose whatsoever.
  4. You hereby grant to North 40 Outfitters the right to use on the Site the user name, identifier, or any portion thereof, submitted in connection with such User Content, in North 40 Outfitters’ sole discretion


NON-PERMITTED USE
While accessing or using the Site you may not:

  1.  Access, tamper with, or use non-public areas of the Site, North 40 Outfitters’ computer systems, the technical delivery systems of the Site, or other accounts, computer systems or networks connected to the Site;
  2. Record, process, or mine information about other users or otherwise use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site;
  3. Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures or user restrictions initiated by North 40 Outfitters;
  4. Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces; or
  5. Interfere with or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, or flooding the Site, or by scripting the creation of User Reviews in such a manner as to interfere with or create an undue burden on the Site.


MONITORING AND TAKE-DOWN
We reserve the right, but shall have no obligation, to monitor the content of this Site to determine compliance with these Terms and any other operating rules established by us. We shall have the right, in our sole discretion, to disclose any materials submitted to us and the circumstances surrounding their transmission, along with any other information regarding use of the Site, to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and users of this Site, and to comply with legal obligations or governmental requests. You agree to take down immediately any User Review that violates these Terms including pursuant to a take-down request from North 40 Outfitters. In the event that you elect not to comply with a request from North 40 Outfitters to take down certain content, we reserve the right, but shall have no obligation, to directly take down such content and to terminate your account immediately. Notwithstanding these rights and obligations, you are solely responsible for your use of the Site and any information that you transmit through this Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct or communications on this Site.

LINKS
This Site contains links to third party websites. We do not control the content of these websites. Unless specifically stated on this Site to the contrary, North 40 Outfitters is not affiliated with these third parties and does not endorse or sponsor their websites, products or services.

TRANSACTIONS
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to North 40 Outfitters the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.


All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. North 40 Outfitters reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


SHIPPING AND TRACKING
Shipping information will be e-mailed to you once your order has been shipped. Alternatively, you may find your tracking number online by visiting our Orders & Returns page.

RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.


GIFT CARDS AND CERTIFICATES
eGift Cards are emailed directly to a recipient upon purchase and may be printed at home for hand-delivery. eGift Cards may be redeemed online only.

Traditional Gift Cards are shipped to a recipient and may be redeemed in-store only.


All Gift cards and e-Gift Cards are deemed purchased in and issued from the State of Montana. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.


eGift Cards and Gift Cards cannot be redeemed for cash except as required by law.  eGift Cards and Gift Cards carry no expiration date or dormancy fees.


RETURNS
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms in its entirety.


COUPONS AND PRICE MATCHING
We do not accept coupons with online shopping orders; however, we may provide internet coupon codes from time to time in our sole discretion.


FIREARMS
We do not sell or send firearms, firearms parts (including scopes), ammunition or reloading supplies to locations in the U.S. or to foreign countries. All firearms must be purchased through a North 40 Outfitters brick and mortar store.

INFRINGEMENT CLAIMS
When Site visitors post content on our Site, we are unable to monitor the copyright ownership of all posted content. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent, as set forth below.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us, or our third party service providers, to locate the material;
4. Information reasonably sufficient to permit us, or our third party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

CSWW INC., dba North 40 Outfitters
5109 Alaska Trail
Great Falls, MT 59406

Phone Number: 406-761-6623
Fax Number: 406-761-1504

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to.

For communications on other matters, please contact us

DISCLAIMER OF WARRANTIES
While we attempt to provide accurate information on this Site, we do not warrant that product descriptions or other Materials on this Site are accurate, complete, reliable, current or error-free.  Certain providers of products may provide limited representations and/or warranties regarding their products. We will honor manufacturers’ warranties and replace or repair defective products according to such warranties.

EXCEPT FOR THE FOREGOING, THIS SITE, INCLUDING WITHOUT LIMITATION ALL MATERIALS ON AND PRODUCTS PROVIDED VIA THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. NORTH 40 OUTFITTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. NORTH 40 OUTFITTERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON OR PRODUCTS PROVIDED VIA, THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE.  USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE, AND RECEIPT OF PRODUCTS VIA THIS SITE, IS AT YOUR SOLE RISK.  NORTH 40 OUTFITTERS DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NORTH 40 OUTFITTERS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE OR ANY PRODUCT OFFERED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless North 40 Outfitters, our directors, officers, employees, consultants, agents, and other representatives from and against any and all claims, damages, losses, costs (including attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms; (b) any allegation that User Reviews infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, proprietary or other right of any third party; and (c) your activities in connection with the Site.

VIOLATIONS
We reserve the right to seek all remedies available at law or in equity for violations of these Terms, including the right to block access from a particular Internet address to this Site.

GENERAL PROVISIONS
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  North 40 Outfitters’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by North 40 Outfitters in writing.  These Terms may be assigned in whole or in part by North 40 Outfitters.  These Terms may not be assigned in any manner by you without the express, prior written permission of North 40 Outfitters. This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you do so at your own risk and are responsible for complying with your local laws and regulations to the extent applicable. Please see our Privacy Policy for further terms regarding access to this Site from outside the United States.  These Terms shall be governed by and construed in accordance with the laws of the State of Montana notwithstanding any conflict of laws provisions.  You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Montana for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.

NOTICE FOR CALIFORNIA RESIDENTS
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING THE SITE, PLEASE CONTACT US. YOU MAY ALSO CONTACT US BY WRITING TO 5109 ALASKA TRAIL GREAT FALLS, MT 59404 OR BY CALLING US AT 406-761-6623. CALIFORNIA RESIDENTS MAY REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
[LIMITATION ON CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever banned.

CONTACT INFORMATION
If you have any questions or comments regarding these Terms, please contact us