Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Mountain Lion Equipment. Throughout the site, the terms “we”, “us” and “our” refer to Mountain Lion Equipment. We offer this website, 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.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 Service.
SECTION 4 - PRODUCTS AND SERVICES (APEX ALL-TERRAIN BAG & GUARANTEE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Product Representation
We have made every effort to display as accurately as possible the colors and images of our products, including the Apex All-Terrain Bag, that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
The 3-Year Limited Guarantee
We provide a limited 3-year guarantee on specific components of the Apex All-Terrain Bag, explicitly restricted to stitching, handles, and zippers (zips) against manufacturing defects.
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Scope: This guarantee applies strictly to normal, intended outdoor and travel operational wear.
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Exclusions: This guarantee does not cover cosmetic wear and tear (scratches, stains, fading), damage caused by accident, abuse, negligence, alteration, exposure to extreme chemical environments, or use beyond the product's engineered design capacity.
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Remedy Assessment: We reserve the sole right to determine whether a defect meets the criteria of this guarantee. Approved claims will be resolved via repair, replacement, or store credit at our absolute discretion.
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.
SECTION 5 - ACCURACY OF BILLING AND 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address timselliott96@gmail.com or the billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
All content, branding, logos, product designs, trade names, text, and graphics associated with Mountain Lion Equipment and the Apex All-Terrain Bag are the exclusive intellectual property of Mountain Lion Equipment. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the product, design, or service without express written permission from us.
SECTION 7 - LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
In no case shall Mountain Lion Equipment, our directors, officers, employees, affiliates, agents, contractors, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
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 8 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mountain Lion Equipment and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 9 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 10 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa [or your specific chosen legal registration registration country/state], and any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of its courts.
SECTION 11 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
SECTION 12 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@apexallterrain.co.za