Welcome to the Peltor Sport® Ear Protection website, peltorsport.shop (the “Site”). The following terms and conditions (“Terms”) govern your access to and use of this Site and any content, products, services, and information made available on or through this Site (“Services”).
1. Acceptance of Terms
By accessing, browsing or otherwise using the Site or Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you are not authorized to access or otherwise use the Site or Services.
2. Site Access and Use
a) Age Restriction. You must be at least 18 years old to access and use this Site or Services. If you are under 18, you may not access or use the Site or Services.
b) Site Access. We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Site and Services solely for your own personal use.
c) Site Availability. We will use reasonable efforts to keep the Site available and operational 24 hours a day, 7 days a week. However, certain technical issues, maintenance, updates, emergencies or other events outside of our control may cause interruptions to the Site. We will not be liable for any interruption in the availability or operation of the Site.
d) Unauthorized Access. You will not:
- access restricted areas of the Site
- interfere with or disrupt the Site, servers, or networks connected to the Site
- attempt to disable, bypass, modify, defeat, reverse-engineer, interfere with, circumvent or otherwise tamper with any security-related features of the Site
- use any robot, spider, crawler, scraper or other automated means to access, collect data from, monitor or copy any pages from the Site
- engage in data mining, data harvesting, scraping the Site, or use any data to create a database
- introduce any malware, viruses, Trojan horses, worms, time bombs, spyware or other harmful code into the Site
Violating these restrictions may result in criminal and civil liability. We will investigate any unauthorized access to the Site and take appropriate remedial actions if unauthorized access occurs, including reporting criminal acts to law enforcement authorities.
3. Privacy Policy
We respect your privacy. Please review our Privacy Policy to understand how we collect, use and disclose information obtained through the Site. Use of the Site constitutes your acceptance of the Privacy Policy.
4. Intellectual Property Rights
a) Site Content. All content on the Site, including text, graphics, logos, audio clips, digital downloads, images and software, is the property of Peltor Sport® Ear Protection or its content suppliers and is protected by U.S. and international copyright and other intellectual property laws. All rights in the Site content are expressly reserved.
b) Trademarks. Peltor Sport®, Peltor Sport® Ear Protection and other marks are trademarks owned by us. Third party trademarks appear for identification purposes only and are the property of their respective owners.
c) Limited License to Users. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the content on the Site solely in connection with your permitted use of the Site and Services. You may only use the content as expressly permitted in these Terms. Except as provided in these Terms, you may not copy, reproduce, distribute, modify, perform, create derivative works from, rent, lease, sell, transfer or otherwise use the content.
d) Violations. Copying, distributing, modifying or otherwise using any Site content without written permission is strictly prohibited. You acknowledge that violations of intellectual property rights will result in irreparable harm to us for which monetary damages would be inadequate. We reserve the right to take any lawful actions to prevent copyright or trademark infringement without prior notice.
5. User Content
a) User Content Definition. “User content” means any content submitted or made available by users on or through the Site, including product reviews, comments, questions and suggestions.
b) Ownership. User content belongs to the user who posts the content and not to us. However, by submitting user content, you grant us an unlimited, perpetual, irrevocable, non-exclusive, royalty-free, fully paid up, worldwide license to access, use, copy, modify, create derivative works, distribute, publish and otherwise exploit the user content in any form and for any purpose, including commercial purposes, without compensation to you.
c) Responsibility for User Content. You are solely responsible for your user content. Do not share information through the Site that you would not want to be public. We are not liable for any loss, harm or damages relating to disclosure or exposure of your user content.
d) Rights to Remove User Content. We reserve the right, but not the obligation, to monitor, edit and remove any user content that we determine is objectionable, disruptive or harmful to the Site, other users or third parties.
e) Feedback. Any comments, suggestions, ideas, notes, drawings, concepts or other information you provide through the Site (“Feedback”) is considered non-confidential and will become our sole property. You hereby assign all rights, title and interest worldwide in the Feedback to us. We will be entitled to use and implement any Feedback without restriction for any purpose.
6. Third Party Content and Links
The Site may contain content from third party websites and services. We are not responsible for the availability, accuracy or legality of any third party content. The inclusion of any third party content does not imply our endorsement. When you click on a link to any other website or service, you will leave our Site and be subject to the terms of that website or service.
7. Products and Pricing
a) Product Information. We make reasonable efforts to provide accurate information about the products available on the Site. However, we do not warrant or guarantee the accuracy, completeness or reliability of any product information. Certain details, such as sizing, color options and product availability may vary from what is displayed on the Site. We reserve the right to correct any errors or inaccuracies in any product information.
b) Pricing. All prices for products displayed on the Site are quoted in U.S. dollars and subject to change without notice. We reserve the right to limit quantities of products ordered and correct pricing errors on the Site. If we are unable to process your order after payment is made due to an error in product pricing or other issue, we will issue a refund to you.
c) Tax. Applicable sales tax will be added to your order total at checkout. Shipping charges may also incur applicable sales tax which will vary based on your shipping address.
8. Order Process and Fulfillment
a) Order Acceptance. Receipt of payment for a product order does not constitute our acceptance of your order. We reserve the right to accept or reject orders at our discretion. We may require additional information to verify and process orders. If we cannot process your order, we will refund any payment already made for unfulfilled orders.
b) Shipping and Delivery. We will make reasonable efforts to ship products within the time estimates provided on the Site and with the carrier displayed at checkout. However, shipping timeframes are not guaranteed and may vary due to reasons such as inaccurate stock levels, address verification, credit card approval delays, inclement weather or increased volume.
c) Shipping Problems. We will notify you if any complications arise with shipping your order. You must inspect all delivered orders promptly on arrival and contact us within 3 business days to report any damages or missing items. We will not be liable for delays in shipping due to carrier transit times or other issues outside of our reasonable control.
d) Returns. Purchased products can be returned within 30 days of the original purchase date. Please review our full Return Policy for eligibility requirements. All refunds are subject to the refund policy posted at the time of purchase. Applicable shipping, handling and tax charges on orders are non-refundable.
9. Account Registration
You can browse the Site without registering for an account. However, to purchase products, access certain features or submit user content, you must register and create an account. When registering, you agree to provide accurate, current and complete account information. You are responsible for protecting your account password and maintaining the confidentiality of your account. You must immediately notify us of any unauthorized use of your account. We are not liable for losses incurred due to unauthorized use of your account.
10. Disclaimers and Limitations
a) Medical Disclaimer. The products on our Site are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Consult with your physician before using any product if you have any known medical conditions.
b) No Warranties. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c) Site Accuracy. Although we aim for accuracy in all Site content, we do not warrant or guarantee the accuracy, completeness, reliability or suitability of any information provided through the Site. You use all Site content at your own risk.
d) Limitations of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SITE CONTENT OR YOUR USE OF THE SITE AND SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES (EVEN IF WE WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES). YOU AGREE THAT THE PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS TO USE OF THE SITE AND SERVICES.
11. Indemnification
Upon our request, you agree to defend, indemnify and hold harmless Peltor Sport® Ear Protection, its parent company 3M, and any of our affiliates, directors, officers, employees, agents or contractors, from and against any liabilities, losses, damages, judgments, awards, costs and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your access to or use of the Site or Services; (b) your user content; (c) your violation of these Terms; or (d) your violation of any third party rights. The indemnification obligations under this section only apply if we promptly notify you of the claim and allow you to control the defense and settlement of the claim. However, we reserve the right to assume control of the defense at our own expense. You may not settle any claim subject to indemnification without our prior written consent.
12. Modifications and Termination
a) Modifications. We reserve the right to modify these Terms at any time at our sole discretion. Any modifications become effective when posted. By continuing to access or use the Site after modifications are posted, you agree to be legally bound by the modified Terms.
b) Termination. We reserve the right to terminate or restrict your access to all or any portion of the Site or Services without notice and as we deem appropriate in our sole discretion. You waive any right to advance notice of termination.
c) Survival. All provisions that should reasonably survive termination of these Terms will continue in effect after termination.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Minnesota without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Site will be resolved exclusively in the state or federal courts located in Minneapolis, Minnesota. You hereby irrevocably consent to personal jurisdiction and venue in these courts. Notwithstanding this provision, we reserve the right to seek injunctive relief against you in any venue or jurisdiction to stop or prevent infringement of intellectual property rights.
14. Entire Agreement
These Terms constitute the entire agreement between you and Peltor Sport® Ear Protection relating to access to and use of the Site. These Terms supersede any prior or contemporaneous representations or agreements. These Terms may not be modified except as provided in Section 12.