Adamant Terms of Service
Welcome to Adamantgear.com. On our site you can shop for the highest quality outdoor gear for the must rugged terrain. Adamantgear.com provides the Adamant Gear Services subject to the following conditions.
By using Adamant Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of Adamant Gear Services, to understand our practices.
When you use any Adamant Gear Services, or send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, or by posting notices and messages on this site or through the other Adamant Gear Services, such as our Message Center. 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.
All content included in or made available through any Adamant Gear Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Adamant Gear or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Adamant Gear Service is the exclusive property of Adamant Gear and protected by U.S. and international copyright laws.
Adamant Gear attempts to be as accurate as possible. However, Adamant does not warrant that product descriptions or other content of any Adamant Gear Service is accurate, complete, reliable, current, or error-free. If a product offered by Adamant Gear itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ADAMANT GEAR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADAMANT GEAR SERVICES ARE PROVIDED BY ADAMANT GEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADAMANT GEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ADAMANT GEAR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADAMANT GEAR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ADAMANT GEAR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADAMANT GEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADAMANT GEAR DOES NOT WARRANT THAT THE ADAMANT GEAR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADAMANT GEAR SERVICES, ADAMANT GEAR'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ADAMANT GEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADAMANT GEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ADAMANT GEAR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ADAMANT GEAR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Adamant Gear Service, or to any products or services sold or distributed by Adamant Gear or through Adamant Gear.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Adamant Gear will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Adamant Gear Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Adamant Gear.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our policies posted on this site. These policies also govern your use of Adamant Gear Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Adamant Gear Software Terms
- Use of the Adamant Gear Software. You may use Adamant Gear Software solely for purposes of enabling you to use and enjoy the Adamant Gear Services as provided by Adamant Gear, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Adamant Gear Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Adamant Gear Software or otherwise assign any rights to the Adamant Gear Software in whole or in part. You may not use the Adamant Gear Software for any illegal purpose. We may cease providing any Adamant Gear Software and we may terminate your right to use any Adamant Gear Software at any time. Your rights to use the Adamant Gear Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Adamant Gear Software that are specifically identified in related documentation may apply to that Adamant Gear Software (or software incorporated with the Adamant Gear Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Adamant Gear Service is the property of Adamant Gear or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Adamant Gear Software, whether in whole or in part, or create any derivative works from or of the Adamant Gear Software.
- Updates. In order to keep the Adamant Gear Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.