New York State
Outdoor Adventures
Table of Contents
- Introductory Clause
- House Rules
- Intellectual Property
- Payments and Deliveries
- Returns and Refunds
- Promotions and Sales
- Limitation of Liability
- Amendments
- Jurisdiction and Dispute Resolution
- Contact Information
Introductory Clause
This document is a legally binding contract (hereafter referred to as “the Terms”, “the Contract”, or “the Terms of Service”) between anyone interacting with or visiting the site (hereafter referred to as “the User” or “Users”) and the company New York State Outdoor Adventures (hereafter referred to as “the Company” or “the website”). By using the Company’s services and/or products, you are agreeing to the Terms. This contract sets out your rights and responsibilities as the User as well as those of the Company, so please read it carefully. If you don’t agree to the Terms, do not use the Company’s services (including the website).
House Rules
As the User on the Company’s website and/or of the Company’s services/products, you have the responsibility not to abuse any materials including but not limited to: the website, feedback pages, information contained therein, ordering services, and returns/refunds. Repeated purchases and/or cancellations are not accepted by the Company as these are not considered true transactions, and future purchases from any User doing so will not be accepted or completed. The Company does not tolerate spam or any bots used for any reason; the use of these will render the User unwelcome to use any of the Company’s services in the future.
When entering any personal information including but not limited to: the User’s email address, payment information, shipping/billing address, and comments, the Company reserves the right to contact you. The Company will utilize your email address and personal information to send confirmation and details/updates regarding any orders placed, open service tickets, and to respond to comments from Users. See the Company’s Privacy Policy for more details.
The Company does not tolerate any abusive language, lewd behavior, threatening remarks, or illegal activity related to this site, products, services, or any other incarnation of the Company.
Any breach or violation of any term in the Terms of Service, including any House Rules, as determined at the sole discretion of the Company, will result in an immediate termination of all the services for the User.
Intellectual Property
The Company owns all intellectual property rights in the website and in the material published herein. The Company also protects all logos, packaging design, written materials, posts, images, and any other Company-related content herein. These works are protected by copyright laws worldwide.
Permission is granted to Users to utilize the website and/or Company materials for personal, non-commercial transitory and temporary viewing and usage only. Under this permission, Users may not: modify or copy materials, duplicate materials, impersonate the Company, its products or its employees, “mirror” the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial). If the User is interested in any of the above activities, contact the Company to request permission in writing.
The Company does not claim intellectual property rights over any materials that are not the express property of the same. Any content generated by the User (comments, feedback forms, testimonials, photos, video, etc.) may be used by the Company without individual express consent of the User. In submitting any information to the Company, Users comply with the Company’s future use of said content.
Payments and Deliveries
The Company uses PayPal to collect and process payments for products/services on this website. Thus, any financial transaction details are covered in PayPal’s Terms of Service. Since payment triggers interaction between the User and an outside service, the Company is not responsible for any failure during the payment process. For more details, see the Company’s Limitations of Liability. If the User requires any payment or order placement procedure outside of that which is available on the website, contact the Company prior to placing an order and we will make every effort to assist.
Whereas the Company is based in the United States, sales tax is applied at checkout and collected on every transaction based on the location of the recipient (the shipping address). The Company uses automated software to calculate sales tax. Any errors incurred during tax calculation identified by the User should be brought to the attention of the Company using the information in the contact section. The Company will then follow up with the software provider and resolve errors with the User as needed via email. In the event that the Company records an error in sales tax calculation or execution, the Company will contact the User via the email address provided at checkout to resolve payment; in some cases this may mean that the completion of the order will be suspended until sales tax is resolved, or the order may be cancelled.
The Company utilizes USPS or UPS to ship, transport, and deliver all products purchased on this website. Standard shipping and delivery timelines are estimated during checkout based on the shipping address, and all orders originate in New York State. Shipping is available within the United States. If the User requires expedited shipping and/or a specific delivery accommodations, contact the Company prior to placing an order on the website.
Returns and Refunds
All sales are final, so returns are not accepted by the Company. If extenuating circumstances arise, contact the Company within 90 days of purchase and we will do our best to help resolve the situation.
Refunds (without a return) may be issued before or after shipping, transit, or receipt of the product by the User at the discretion of the Company. If the refund is determined to be needed by the Company before or during shipping and transit, products may be rerouted back to the Company and the User may not receive them. Depending on the situation, 90 days from purchase is the timeframe within which refunds may occur. In the event of User dissatisfaction, errors, damage, or missing elements, the Company may require the User to submit photos demonstrating the error in order to assist with this decision-making and the process (especially as there are no standards for returns). The refund (partial or full) may then be denied by the Company, in which case the User will keep the product and the Company will keep the funds.
In the event a refund is relevant, it will be processed through the same third-party services used to process the payment initially (PayPal). See the Limitations of Liability section for more details on refunds.
Promotions and Sales
The Company reserves the right to end any sale at any time and/or reject any promotional code for any reason. Any coupons or offer codes come solely from the Company, and no third-party vendors or entities may provide discounts or price offerings for products or services.
Limitation of Liability
The Company makes no guarantees regarding the following:
- that the system (internal to the site as well as any external services, including payment processing) will be error-free;
- that Users will not be exposed to content they deem offensive when using the Company’s services and/or products;
- that use of any third-party site or service linked herein (including PayPal, EBay, etc.) is secure;
- that orders will be fulfilled as they are subject to availability, deliverability, and successful payment;
- that representations of products and services in written descriptions or photos will always be accurate.
On some occasions, Users may find that the products they receive do not match what they saw online, in print, etc. If that occurs, let us know using the information in the contact section. The Company reserves the right to update pricing, substitute elements and products, make updates at any time, change any element of products or services, remove elements, and/or send elements at different times at the Company’s sole discretion. The Company will do its best to inform the User via email and/or written communication within products of any deviations, but this is not required. Thus, purchase makes no warranties from the Company, though the Company will make concerted effort to work with Users to resolve disputes or errors provided the User is communicative and responsive in a timely manner.
Again, pricing is subject to change at the discretion of the Company, and may be inaccurate at times on the site, in print, etc. This is expressly possible in advertised pricing and/or any sales. In the event of a pricing inaccuracy, the Company reserves the right to charge the accurate amount for any products or services as deemed by the same, and to cancel/refund any orders for which the User wishes not to pay the accurate amount.
The Company reserves the right to refuse and/or refund any purchase at any time, and commits to informing the User via email in this event when possible. The Company is not required to provide a reason for this refusal, but may do so at its discretion. This includes but is not limited to: product availability, shipping errors, stock issues, and/or service cancellations, even after an order is placed and paid in full. Refunds will be provided by the Company using the process set out by a third-party payment collection software, but the Company reserves the right to not issue a refund, either partial or in full, at the Company’s discretion.
Delays in shipping and deliveries are possible, and in this event, the Company will do its best to inform the User via email, but is not required to do so in any timeframe or at all. Reasonable delays outside the control of the Company include but are not limited to: customs turnaround or destruction of shipped materials, strikes, weather, holidays, epidemics, failure of services, or unavailability of any materials. Delays and/or cancellations are not grounds for liability of the Company.
All delivery timelines, both on the website and in any email communication, are estimated. These timelines are not a warranty or guarantee of any kind by the Company.
Amendments
Changes can be made to this contract at any time for any reason. When deemed material to Users, the Company will make a concerted effort to communicate these changes, but it is not required to do so in any specific timeframe or via any specific method. Changes will be effective upon the posting of them unless otherwise specified in writing. The User’s use of services following the changes constitutes acceptance of the updated Terms.
Jurisdiction and Dispute Resolution
Governing Law: This contract is governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United State of America. These laws will apply no matter where the User is located, but if a User resides outside of the United States, they may be entitled to protections of mandatory consumer protection provisions of their local consumer protection law.
Arbitration: Users and the Company agree that any dispute or claim arising from or relating to this contract shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) unless otherwise required by law. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. By agreeing to these Terms, Users and the Company are each waiving the right to trial by jury or participation on any class action or class arbitration.
Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservator relief, pending a final decision by the arbitrator. The User may instead assert a claim in “small claims” court, but only if the claim qualifies, remains in such court, and remains on an individual, non-representative, and non-class bias.
Negotiations may also take place in an informal setting (including but not limited to: direct negotiation, settlement outside the legal system, or termination of relationship with the Company) before proceeding to arbitration. Informal negotiations must not involve arbitrators in any way, must take no longer than 90 days to resolve, and will consist of direct communication between the User and the Company with written records that are available to all parties and are verified by signatures as well as a notary. If informal negotiations are undertaken and then unresolved, only then may they proceed to arbitration, wherein all written records will be available to the court and all parties involved.
Contact Information
If Users have any questions about these Terms or any services, contact:
Via email: frank@nysoutdooradventures.com
Via phone: 917-846-0656
In writing, mail to:
NYS Outdoor Adventures
205 Cape Horn Rd
Stamford, NY 12167