Terms of service
Welcome to Peak Performance Outfitters. These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By using our Services, you agree to comply with and be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, please do not use our Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.
3. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
4. Account Registration
To access certain features of our Services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain the security of your password and account.
- Notify us immediately of any unauthorized use of your account.
You are responsible for all activities that occur under your account.
5. Prohibited Activities
You agree not to:
- Use our Services for any illegal or unauthorized purpose.
- Interfere with or disrupt the operation of our Services.
- Use any automated means to access our Services.
- Attempt to gain unauthorized access to our systems or networks.
- Engage in any activity that could harm our reputation or the functionality of our Services.
6. Product Descriptions and Pricing
We strive to provide accurate descriptions and pricing for all products on our website. However, we do not warrant that product descriptions or other content are error-free. Prices and availability of products are subject to change without notice.
7. Order Acceptance
We reserve the right to refuse or cancel any order at our discretion. This may occur if:
- The product is unavailable.
- There is an error in the price or product description.
- We suspect fraudulent activity. If your order is canceled, we will notify you and provide a refund for any payment received.
8. Shipping and Delivery
We will ship products to the address you provide during checkout. We are not responsible for any incorrect or incomplete shipping information provided by you. Shipping times are estimates and may vary due to factors beyond our control.
9. Returns and Refunds
All sales are final, except as outlined in our Return and Refund Policy. Please review our Return and Refund Policy for more details.
10. Intellectual Property
All content on our website, including text, images, graphics, logos, and software, is the property of Peak Performance Outfitters or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from our content without our express written permission.
11. User-Generated Content
You may have the opportunity to submit or post content on our website, such as reviews, comments, or photos ("User-Generated Content"). By submitting User-Generated Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, distribute, and display your content in any media.
You agree that:
- Your User-Generated Content does not violate any third-party rights or laws.
- You are solely responsible for your User-Generated Content.
- We have the right to remove or edit any User-Generated Content at our discretion.
12. Privacy Policy
Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. Please review our Privacy Policy to understand our practices.
13. Limitation of Liability
To the fullest extent permitted by law, Peak Performance Outfitters shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Services. This includes, but is not limited to, damages for loss of profits, data, or goodwill.
14. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation or availability of our Services or the accuracy of any information provided.
15. Indemnification
You agree to indemnify and hold harmless Peak Performance Outfitters, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of or related to your use of our Services or violation of these Terms.
16. Termination
We reserve the right to terminate or suspend your account and access to our Services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to our interests.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the [insert state/country], without regard to its conflict of law principles.
18. Dispute Resolution through Mediation
In the event of a dispute arising out of or related to these Terms or our Services, you agree to first contact us to attempt to resolve the issue informally. If a resolution cannot be reached, you agree to resolve any disputes through mediation before pursuing any other legal remedies.
- Mediation Process: The mediation shall be conducted by a mutually agreed-upon mediator. The mediation will take place in Florida, or at another mutually agreed location, and will be conducted in accordance with the rules of the State of Florida.
- Good Faith Effort: Both parties agree to participate in the mediation in good faith and to share the costs of mediation equally.
- Binding Agreement: If the mediation results in a settlement, the settlement shall be reduced to writing and shall be binding on the parties.
19. Entire Agreement
These Terms, along with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and Peak Performance Outfitters regarding your use of our Services and supersede any prior agreements.
20. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. Contact Information
If you have any questions about these Terms, please contact us at info@peakperformanceoutfitters.com.