5. Third Party Website Links. When you access the SCARPA Website or App, use our Services, or otherwise provide any personal information or data to us, we may collect, use, and store that personal information, including but not limited to your name, mailing, shipping and billing address, phone number, email address, contact preferences, and credit card information.
(10) If any provision in these Terms is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect. For example, if you list your name and email address in a forum posting, that information is public. You agree that SCARPA may disclose any information we have about you (including your identity) if SCARPA determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Websites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with, either intentionally or unintentionally, the Websites, SCARPAs rights or property, or the rights or property of the Websites users, including SCARPAs customers. Effective immediately.
SCARPA may change this Privacy Policy at its discretion at any time in the future. SCARPA does not knowingly sell merchandise for purchase by children.
SCARPA's trademarks and trade dress may not be used in connection with any product or service that is not SCARPA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SCARPA. While we cannot guarantee its security, we have implemented security procedures that we deem to be reasonable and appropriate to help protect the personal information that you provide to us. Some of the U.S. registered trademarks owned by SCARPA include: SCARPA, S SCARPA, and NO PLACE TOO FAR.
You may use information on SCARPA products and services (such as data sheets, product images, technical specifications, articles, and similar materials) from the Websites, provided that you (1) do not remove any copyright or other proprietary notice from any of the materials, (2) use such information only for your personal informational use and do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, (3) do not use the Content in a manner that implies an association with SCARPA, or any of our products, services or brands, and (4) do not make any additional representations or warranties relating to such materials.
The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. 4.
Financial and personal information that you provide is used to process your order, verify, bill, and collect payment for products that you order.
In addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY SCARPA, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY SCARPA WEBSITES, CATALOGS, PUBLICATIONS, OR OTHER SCARPA MATERIALS. We may retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. You may send mail to the following address.
Cookies and Similar Technologies: We may also collect non-personal information through the use of cookies and other technologies such as pixel tags, Geo-IP locating tools, and web beacons.
You agree that SCARPA may, in its sole discretion and without prior notice, terminate your access to the Websites and/or block your future access to the Websites, for any reason, including but not limited to: (1) if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Websites, (2) requests by law enforcement or other government agencies, (3) a request by you, (4) discontinuance or material modification of the Websites or any service offered on or through the Websites, or (5) technical issues or problems. Check the materials that come with the non-SCARPA products and that manufacturers website for information about their warranties. By visiting or using any SCARPA Websites, you agree that: (1) All matters relating to these Terms, and/or your access to or use of the Websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. SCARPA may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Please take care when using these features as this information is considered public information under this Privacy Policy.
SCARPA also grants you a limited, revocable, and nonexclusive right to create a link to the Websites home pages provided that the link does not portray SCARPA, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. These companies have access to personal information, including financial information, needed to perform their services or functions, are obligated to protect your information, and may be located wherever SCARPA elects.
By continuing to use the website, you accept their use.
from third-party sources to improve our products, Services, and programs. Children.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. Such personal information remains subject to the provisions made in any pre-existing privacy policy, unless modified or the customer consents otherwise.
Electronic Communications.
The arbitration may be conducted in person, through the submission of documents, by phone or online.
(5) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 16. If you have any questions or concerns about the privacy or security of your information, you may contact us by email or mail at the following addresses: Last updated 4 April 2018.
International Users and Transfers.
We encourage you to learn about the privacy practices of those third parties prior to using their websites or social media.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(8) A printed version of these Terms and of any notice given in electronic form shall be admissible in any mediation or arbitration proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. SCARPA products are warranted to the original retail purchaser to be free from defects in materials and workmanship for one year from the original date of purchase. To avoid having your non-personal information collected, do not click on URL links presented in any SCARPA electronic communications. Because SCARPA maintains several individual contact databases, e.g., for sales, contests, newsletters, etc., you may have to unsubscribe from each database individually. (9) SCARPAs failure to enforce all or any part of these Terms or respond to a breach thereof by you or any other party shall not in any way be construed as a waiver or a relinquishment of any right granted SCARPA hereunder of the future performance of all or any part of these Terms, and your obligations set forth in these Terms shall continue in full force and effect.
Your Account and Obligations. As long as you comply with these Terms, SCARPA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites.
You grant SCARPA and its sub-licensees the right to use the name that you submit in connection with such materials, if they choose. Personal Information.
DISCOVERY RIGHTS, SUCH AS EACH PARTY'S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION. SCARPA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY OR LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF THIRD-PARTY OR LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION. This provision may be unenforceable or inapplicable within the State of New Jersey.
18. By using scarpa.com, you agree to SCARPA North Americas Terms of Use, Privacy Policy, and Accessibility Statement. 9.
17.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCARPA, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY SCARPA BY YOU, ANY PERSON OR ENTITY ACTING ON YOUR BEHALF, AND/OR ANY THIRD PARTY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR IMPROPER USE OF THE WEBSITES, YOUR BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER VIOLATION BY YOU THAT CREATES LIABILITY FOR SCARPA.
In addition, you agree that all information that you provide to SCARPA in connection with any purchase, transaction or other interaction with SCARPA on the Websites will be accurate, complete, and current.
SCARPA North America, Inc. (SCARPA) appreciates the difficulties that individuals with disabilities face and has supported disabled athletes and groups for many years.
In addition, the materials you post may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. Such Linked Websites are not under SCARPAs control, and SCARPA is not responsible for and makes no endorsement or representation about the information or materials contained on such Linked Websites.
For the best experience on our site, be sure to turn on Javascript in your browser.
For more information click here.
If you do so, you may not be able to access or use certain features of the Websites.
Did you know SCARPA has a full repair and service center here in Boulder? 1. You are solely responsible for the personal information you choose to submit and publicize.
You may opt-out of receiving future mailings by following the steps described below in "Removing, Correcting or Changing Your Information".
For mountaineering boots, upsize (1/2+ sizes) depending on desired fit. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. SCARPA will repair or replace the product at our sole discretion. SCARPA does not endorse or make any representation or warranty regarding the content or accuracy of such Linked Websites. When you use some SCARPA Services or applications or post on SCARPA Websites, chat room, or social networking service, the personal information that you share is visible to other users and can be read, collected, and used by them.
We automatically collect non-personal information, i.e., information that is not associated with a specific individual, from you when you visit the Websites and/or use our Services.
Your use of this Website and any other SCARPA Websites, including but not limited to: blogspot.scarpa.com and any other websites owned, operated or maintained by SCARPA, (the Websites) following any such revision constitutes your agreement to the revised Terms.
Business Transfers: In the future, SCARPA may sell or buy companies, subsidiaries, business units, etc., and transfer or receive customer personal information as a result.
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Use of Information.
If you use the Websites, you are solely responsible for maintaining the confidentiality of your account information (including but not limited to your password and credit card information) and for restricting access to your computer. We want your products to last a long time and are always here to help you care for your gear and repair any damage that happens along the way.
A cookie is a file that is added to your computer so that the Websites can remember something about you, for example, to retain the contents in your shopping cart or to ensure you receive appropriate pop-up dialogs. Questions?
If you purchase a SCARPA product from any SCARPA Websites that you believe is defective, return the product to us pursuant to the SCARPA Return Policy and include your receipt and proof of purchase showing the purchase date. Please review SCARPAs Privacy Policy, which applies to your use of the Websites, and which is incorporated into and made a part of these Terms by this reference. Disclosure of Your Information.
Our products and Services may be provided using resources and servers located in various countries around the world, therefore your personal data may be transferred outside the country where you use our Services. (2) A description of where the material that you claim is infringing is located on the Websites reasonably sufficient to allow SCARPA to locate the material. (5) You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to such jurisdiction and venue and (b) any claim that any such arbitration proceeding has been brought in an inconvenient forum.
(13) All rights not explicitly granted in these Terms are hereby reserved by SCARPA. All headings in these Terms are for convenience or reference only and shall be ignored in construing these Terms. The site is built to comply with WCAG 2.1 accessibility guidelines, including media content tagged with titles, alternative text, and descriptive information, and font sizing is supported and may be controlled through the browser. Title to the items you have purchased, as well as risk of the items loss, passes to you once SCARPA delivers the items to the carrier.
The personal information we collect allows us and our marketing provider(s) to keep you posted on SCARPAs latest product announcements, updates, upcoming events, and SCARPA news, and helps us to improve our products, Services, content, and advertising.
Cookies may remain on your computer after you log off the Websites.
SCARPA respects the intellectual property of others. WARNING: Cancer & reproductive harm.
The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Websites confers on you any license or right under any patent or trademark of SCARPA or any third party.
Except as otherwise described herein, for example, marketing collaboration with third parties, processing your order and payment and similar tasks, SCARPA does not share your name and postal address with any non-SCARPA affiliate, nor does SCARPA share your credit card information or email address with any other third party. All Content included on the Websites, such as text, images, graphics, logos, icons, audio and video clips, digital downloads, data compilations, and software, and the compilation of all Content on this Websites is the exclusive property of SCARPA, its licensors, or its suppliers and protected by the United States Copyright Act and international copyright laws. BY USING ANY SCARPA WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.
20. Please note that certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
Please check our Websites regularly to see if this Privacy Policy has changed.
Vibram is the world leader in high performance rubber soles and compounds, targeted to the outdoor, work, recreation, fashion, repair and orthopedic markets. THE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY SCARPA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
Our customer's private, personal information and privacy is respected by SCARPA. Information, which may personal or financial information, location data, contact details, etc., may be collected by those third parties and such collection and use is governed by their privacy practices.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any materials.
You also agree that any violation by you of these Terms will constitute at minimum an unlawful and unfair business practice, and will cause irreparable harm to SCARPA, for which monetary damages may be inadequate, and you consent to SCARPA obtaining any injunctive or equitable relief that SCARPA deems necessary or appropriate in such circumstances.
This Privacy Policy applies to transactions within the United States.
You also agree to notify SCARPA at [emailprotected] immediately upon learning of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any SCARPA Websites.
Please see 17 U.S.C.
Indemnity. 14.
Additionally, by using the Websites, you acknowledge and agree that Internet transmissions are never completely private or secure. If you should experience any defect in material or workmanship, know that we have you covered. Please note that colors of SCARPA products may appear differently on your computer monitor than they are in reality. If you do post or submit material, you grant SCARPA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media.
Removing, Correcting or Changing your Information. You may select the icon marked Unsubscribe at the bottom of any SCARPA email, however, please recall that because SCARPA maintains several individual contact databases, you may have to unsubscribe from each database individually. For example, some e-mail communications you may receive from SCARPA Websites, Apps, and/or Services may include a clickable URL, which will automatically direct you to the Websites and collect non-personal information in the process. Note that the preceding provision regarding venue may not apply if you are a consumer based in the European Union, however, in all cases, the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to these Terms; (6) Any and all claims arising out of or related to these Terms must be brought by you within one (1) year after the cause of action arises, or such claim or cause of action is forever and irrevocably barred. The Websites are the property of SCARPA and its licensors.
Risk of Loss.
We and our third-party vendors or partners use analytics data for a variety of purposes such as to improve the design and content of our websites, to help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. We may use your IP address to help diagnose problems with our server, to administer our Websites, understand and analyze trends, learn about user behavior on the site, and to gather demographic information about our user base as a whole.
By visiting any SCARPA Website (the Websites) or App, and/or by using the Services, including but not limited to, creating a SCARPA account, purchasing and/or registering a product, downloading materials, registering for newsletters or updates, participating in an online survey, accessing customer care or warranty services, or by otherwise providing any personal information or data to SCARPA, you agree to the policies described herein and to the Terms of Use, which are incorporated into this Privacy Policy by this reference.