TERMS AND CONDITIONS
Welcome to Pine 9 Holsters.com. These Terms and Conditions (“Terms” or “Agreement”) apply to the Pine 9 Holsters website located at www.pine9holsters.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (collectively, the “Site“). As used in these Terms, “Pine 9 Holsters”, “us” or “we” refers to Pine 9 Holsters and its subsidiaries and affiliates. You and Pine 9 Holsters may be referred to collectively as the “Parties” or individually as a “Party.”
Pine 9 Holsters offers this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We recommend that you read the following terms and conditions carefully.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
These Terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 21 (Dispute Resolution) for full details.
MINIMUM AGE/LEGAL RESPONSIBILITY
By accessing, using, and/or purchasing merchandise on the Site, you represent and warrant that you are allowed to do so by any and all local, state, federal or other applicable laws in your jurisdiction, that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.
AUTHORIZED USE ONLY – (Fishing Rod Holsters & other products)
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site or Service, violate any laws in your jurisdiction. By using any products purchased on this Site, you accept all risks associated with using our products. You have read and fully understand the warnings posted on each product page, as well as printed on the back of each fishing rod holster. Pine 9 Holsters will not be responsible for any typographical or other human errors that can and do occur. It is the user’s responsibility to personally check for errors in mounting and proper fitting. It is also the user’s responsibility to regularly check the holster and its hardware (including, but not limited to, snaps and tension screws) for proper fit and function. Pine 9 Holsters will not be responsible for such changes or for typographical or other human errors, which can and do occur despite diligent efforts. Should any Pine 9 Holsters’ product become worn, loose, broken, defective or ill-fitting, or if in your opinion is unsafe, cease use immediately. Any damage or injury caused to you or others as a result of your use of the product, including but not limited to damage to property, or injury and/or death to people, is your responsibility.
AUTHORIZED USE ONLY – (Firearm Holsters – Retired Production as of April 2023)
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site or Service, violate any laws in your jurisdiction. By using any products purchased on this Site, you accept all risks associated with carrying a weapon and using a holster or any other firearm related products. We have, to the best of our ability, identified which holsters offer the proper fit for specific handguns. However, continual changes will occur due to the number of handgun makes and models available on the market. Pine 9 Holsters will not be responsible for any typographical or other human errors that can and do occur. It is the user’s responsibility to personally check for holster handgun compatibility. It is also the user’s responsibility to regularly check the holster and its hardware (including, but not limited to, snaps and tension screws) for proper fit and function. Slight manufacturing changes in a handgun model can affect the proper and safe fit of your handgun and holster. Pine 9 Holsters will not be responsible for such changes or for typographical or other human errors, which can and do occur despite diligent efforts. Should any Pine 9 Holsters’ product become worn, loose, broken, defective or ill-fitting, or if in your opinion is unsafe, cease use immediately. Any damage or injury caused to you or others as a result of your use of the product, including but not limited to damage to property, or injury and/or death to people, is your responsibility.
ASSUMPTION OF RISK; RELEASE
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Pine 9 Holsters and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
RETURNS AND REFUNDS
You can request a refund within thirty (30) days of purchase. Any refund requests must be done according to our Return Policy. You agree to comply with all instructions to effectuate your refund. Please allow at least 7 days from the time your return is processed, for the refund to be credited back to your payment card.
For more information, please review our full Return/Refund Policy or email us at orders@Pine9Holsters.com for more information.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products as they appear in person. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services 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 or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Subject to your compliance with these Terms, Pine 9 Holsters grants you a non-exclusive, non-transferable, revocable license to access the Pine 9 Holsters websites (located at the following URLs: https://www.pine9holsters.com/) strictly in accordance with these Terms, and to use the Service. No part of the Service, including the Site, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Pine 9 Holsters. As a condition of your use of the Site, you warrant to Pine 9 Holsters that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All rights not expressly granted in this Agreement are reserved by Pine 9 Holsters. Without limitation, this Agreement grants you no rights to the intellectual property of Pine 9 Holsters or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Pine 9 Holsters, you have breached any provision of this Agreement.
NO RELIANCE ON THIRD PARTY CONTENT
Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors and should not necessarily be relied upon. Those authors are solely responsible for their content. Pine 9 Holsters does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service, including on the Site, transmitted to or by any third party.
THIRD PARTY WEBSITES
The Site may contain links to the websites of third parties (“Third Party Websites”). Third Party Websites are not under the control of Pine 9 Holsters and we are not responsible for the content or performance of any Third Party Website. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness, or completeness of any Third Party Website. If you decide to leave the Site and access a Third Party Website, you do so at your own risk. Pine 9 Holsters provides links to Third Party Websites only as a convenience to you, and the inclusion of any link does not imply endorsement or any association. Under no circumstances will Pine 9 Holsters be responsible for any loss or damage resulting from your reliance on information or other content posted through the Site transmitted to or by any Third Party Website.
Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
Certain services made available through the Site are delivered by third parties. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Pine 9 Holsters may share such information and data with any third party with whom Pine 9 Holsters has a contractual relationship to provide the requested product, service or functionality on your behalf.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service 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 in the Service or on any related website 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
USER ACCOUNT, ACCURACY, SECURITY, AND THIRD-PARTY ACCOUNTS
User Account. To use the Site, you may be required to register and create a user account (“Account”). During the Account creation process, you will be asked to provide information that personally identifies you (“Personal Information”). Pine 9 Holsters does not knowingly collect, either online or offline, personal information from persons under the age of sixteen (16). If you are under the age of majority, you may not use the Site or create an Account.
Account Information Accuracy. All information you provide in connection with your Account must be current, complete, and accurate, and you must update that information as necessary. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. If Pine 9 Holsters believes in its sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to the Service, or to terminate or suspend your access at any time, or both.
Account Security. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that Pine 9 Holsters is not responsible for third party access to your Account that results from theft or misappropriation. You agree to notify us immediately of any unauthorized access to or use of your Account. Pine 9 Holsters reserve the right to refuse or cancel service, terminate Accounts, or remove or edit content in our sole discretion. You may be held liable for any losses incurred by Pine 9 Holsters, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
Third Party Accounts. You will be able to connect your Account to third party accounts. By connecting your Pine 9 Holsters account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By registering for the Service and providing your name, email, postal or residential address, and/or phone number, you expressly consent to receive electronic and other communications from Pine 9 Holsters, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at email@example.com. You agree that these electronic communications satisfy any legal requirements that such communications or notices be in writing.
User Content Defined. “User Content” is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, personal photos and videos.
You Own Your User Content. Pine 9 Holsters does not claim ownership of any User Content. You retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to your User Content.
Your Representations About User Content. You represent and warrant that you own or have the right to use all of your User Content, or are otherwise authorized to grant the rights and license granted to Pine 9 Holsters under this Agreement, and are not violating any privacy, proprietary, or other rights of others. You agree that you will not submit any User Content that does not fully comply with this Agreement and all applicable laws. You agree that you will not submit any User Content that does not comply with Pine 9 Holsters’ prohibitions against Objectionable Content, as detailed in Section 16.
Right to Reject User Content. Pine 9 Holsters reserves the right, in its sole discretion, to review User Content and to reject, modify, and remove User Content for any reason without notice or explanation, including for violation of this Agreement. Requests for removal of User Content may be sent to us at firstname.lastname@example.org.
License of User Content. By emailing, posting, uploading, inputting, providing or submitting User Content in any form to or through the Site, you are granting Pine 9 Holsters, our affiliated companies and necessary sublicensees a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, revocable, assignable license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content in connection with the Site; and to publish your name in connection with your User Content. You hereby waive any claims arising from or relating to the exercise by Pine 9 Holsters of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. No compensation will be paid with respect to the use of your User Content, as provided herein. Pine 9 Holsters is under no obligation to post or use any User Content provided and may remove User Content at any time in its sole discretion. By posting, uploading, inputting, providing or submitting User Content you warrant and represent that you own or otherwise control all of the rights to the User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content.
International Users. The Services are controlled, operated and administered by Pine 9 Holsters from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pine 9 Holsters content accessed through Pine9Holsters.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Any orders shipped to an international location will have additional shipping charges invoiced in order to complete the order. You are responsible for all customs, taxes, and import/export fees.
Pine 9 Holsters disclaims any perceived, implied, or actual duty to monitor content made available through the Service, and specifically disclaims any responsibility or liability for information provided on the Service. Without limiting any of its other remedies, Pine 9 Holsters reserves the right to terminate your use of the Service or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. Pine 9 Holsters, in its sole discretion, may delete any Objectionable Content from its servers. Pine 9 Holsters intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
Pine 9 Holsters imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following uses are expressly prohibited: (a) providing false, misleading, or inaccurate information to Pine 9 Holsters or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from Pine 9 Holsters, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another’s) business, or causing others to do so; or (m) paying anyone for interactions on the Service.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using Communication Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Pine 9 Holsters has no obligation to monitor the Communication Services. However, Pine 9 Holsters reserves the right to review materials posted to Communication Services and to remove any materials in its sole discretion. Pine 9 Holsters reserves the right to terminate your access to any or all Communication Services at any time without notice for any reason whatsoever. Pine 9 Holsters reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pine 9 Holsters’ sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pine 9 Holsters does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pine 9 Holsters specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pine 9 Holsters spokespersons, and their views do not necessarily reflect those of Pine 9 Holsters. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Pine 9 Holsters and the Pine 9 Holsters company name, trade names, and logos (collectively, the “Company Marks“) are the trademarks or registered trademarks of Pine 9 Holsters. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of Pine 9 Holsters, and you agree to assign, and do assign, all such goodwill to Pine 9 Holsters. You shall not at any time, nor shall you assist others to, challenge Pine 9 Holsters’ right, title, or interest in, or the validity of, the Company Marks.
All content and other materials available through the Service, including without limitation the Pine 9 Holsters logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Pine 9 Holsters or are the property of its licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
Pine 9 Holsters’ follows the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“).If you believe content on the Site violates your copyright, please immediately notify Pine 9 Holsters by email and provide the information described below (“Infringement Notice”). If Pine 9 Holsters acts in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to Pine 9 Holsters.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107, available at https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015), available at https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) If you are not sure if content located on or linked to by the Site infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following:
(a) signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf,
(b) identification of the copyright claimed to have been infringed,
(c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Pine 9 Holsters to find and positively identify the material,
(d) your name, address, telephone number, and email address,
(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to DMCA@pine9holsters.com the subject line “DMCA Notice: (INSERT YOUR NAME)”.
Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
Disclosure. All received Infringement Notices may be posted in full to the Lumen database (https://lumendatabase.org/), previously known as the Chilling Effects Clearinghouse.
If you and Pine 9 Holsters cannot resolve a dispute or other Claim through negotiations, the dispute or Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and Pine 9 Holsters agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Pine 9 Holsters, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Pine 9 Holsters initiates arbitration against you, Pine 9 Holsters shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Pine 9 Holsters agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Pine 9 Holsters will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Any arbitration claims or other proceeding by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Governing Law and Location
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in New Hampshire, and shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to its conflict-of-law provisions. By visiting the Site, you agree that, except as otherwise specified herein, the laws of the State of New Hampshire without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or Pine 9 Holsters from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Pine 9 Holsters from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of New Hampshire.
All notices required or permitted to be given under this Agreement must be in writing. Pine 9 Holsters shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Pine 9 Holsters. You agree that any notice received from Pine 9 Holsters electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Pine 9 Holsters is accurate and current and notice to you shall be deemed effective upon the sending by Pine 9 Holsters of an email to that address. You shall give any notice to Pine 9 Holsters by submitting said notice to us at email@example.com.
Notice of Dispute
We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: firstname.lastname@example.org and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration.
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to indemnify, defend and hold harmless Pine 9 Holsters, its officers, directors, employees, agents and third parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
DISCLAIMERS; LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PINE 9 HOLSTERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE OR SERVICES AT ANY TIME.
PINE 9 HOLSTERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PINE 9 HOLSTERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINE 9 HOLSTERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PRIVACY OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PINE 9 HOLSTERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Without limiting any other provision of this Agreement, Pine 9 Holsters reserves the right, in its sole discretion, to terminate your access to the Site and/or deny use of the Service or any portion thereof at any time, without notice or liability to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Pine 9 Holsters.
You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Pine 9 Holsters notice of your intention to do so, in the manner required by Section 22.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, Pine 9 Holsters may, but has no obligation to, in its sole discretion, rescind any services and/or delete from its systems all your Personal Information and any other files or information that you made available to Pine 9 Holsters or that otherwise relate to your use of the Site or Service. Upon termination, you shall cease any use of the Service. After termination, Pine 9 Holsters reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Upon termination, all rights and obligations created by this Agreement will terminate except that the following Sections will survive any termination of this Agreement. Sections 1-4, all outstanding payment obligations in Section 6, Section 7, and Sections 13 through 26.
Entire Agreement. This Agreement constitutes the entire agreement between Pine 9 Holsters and you concerning your use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Pine 9 Holsters, or by the unilateral amendment of this Agreement by Pine 9 Holsters along with the posting by Pine 9 Holsters of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Pine 9 Holsters. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Pine 9 Holsters are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: Company Parties, Indemnitees, and Pine 9 Holsters’ licensors and suppliers (to the extent expressly stated in this Agreement).
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Pine 9 Holsters and its licensors and suppliers and would therefore entitle Pine 9 Holsters or its licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Pine 9 Holsters welcomes your questions or comments regarding the Terms:
Last updated on: March 1, 2021
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