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Who We Are
This Brand Reserve website belongs to Sutton's Sportswear Company, LLC ("SSC"). SSC may, and its sole discretion and at any time, modify or discontinue this website or specific portions of it.
Website Availability and Termination
You may use this website when and as available. Although we generally intend for this website to be available 24/7, it will not always be available. We reserve the right to change or eliminate, and restrict or block access to all or any part of the Site from time to time without notice.
Security
At SSC, the security of your personal information is our top priority. We strive to insure confidentiality and security in three different ways:
A. Personal information, including your credit card number, is encrypted and sent only over secure Internet lines. While using Secure Socket layer (SSL) technology, your Microsoft Internet Explorer or Firefox browser will let you know when the line is secure. Internet Explorer and Firefox use a "lock" icon for their browsers. These "locks" will appear on the browser when using a secure line. On both browsers the "http:" pre-fix will read "https:" when accessing a secure server. If these indicators are present, you can be confident of a secure data transaction.
B. We do not store complete credit card information on our web server. Once your order is placed, we send the order to our main order processing system using a "one-way" private network.
C. We take your financial security seriously in our efforts to make shopping on our website safe for all customers. We are compliant with the rigorous security requirements set by the PCI (Payment Card Industry). We employ various firewalls and other security tactics to keep your information secure.
SSC takes physical, electronic, and procedural measures to protect personal information from unauthorized access, use, or disclosure while it is under our control. Even so, security breaches and mistakes can and do happen, and we do not guarantee the security of personal information.
If you are still unsure about the security of your information or if you use a browser that does not support SSL technology, please call us, toll free, with your information at 1-877-932-7486.
Privacy Policy
Your privacy is very important to us here at SSC.
When you place an order or ask to be on our mailing list, we will ask for your name, address, phone number, and email address. We will also ask for your credit card information when you place your order. We maintain an in-house record of your purchases for research and problem resolution. We do not store complete credit card information on our web server or in our in-house records.
When you visit our site, some information, such as your domain name, browser type, and referral information, is collected automatically. This information is used solely for the purpose of monitoring the traffic our site is generating. This gives us valuable information on which pages are visited most frequently, and which outside links are being utilized most. We use this data to improve the site and your shopping experience. We do not monitor navigation patterns outside of our site.
We do not rent, share or exchange our customers' email addresses outside of SSC or Nikon. We do not rent, share or exchange our customers' phone numbers outside of SSC or Nikon. Phone numbers voluntarily given to us are used for problem resolution and marketing purposes. Cookies: We do use cookie technology. Cookies are pieces of information saved on your computer by our web server. These cookies are used for shopping cart identification, referral tracking, and to track your navigation patterns through our site. Shopping baskets are created and stored on our web server. The cookie identifies which shopping basket belongs to each individual customer. These cookies give us information on what site sent you to us and what pages you are viewing on our site. You will not be able to order if cookies are disabled.
Pricing and Product Availability
Products on this website are available while supplies last. Products and prices offered are subject to change without notice.
Payment and Credit for Refunds
Only valid credit cards or other payment methods acceptable to SSC may be used, and all refunds will be credited to the same card or, at our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize SSC to charge your order (including, shipping, handling and any amounts described on this website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Notice of this cancellation is not guaranteed.
Rebate and E-Cards:
E-Cards and Rebate Cards ("Cards") are redeemable solely for purchases in the U.S. at the Nikon ProGear website as offered by Brand Reserve. Lost, stolen or damaged Cards will not be canceled and replaced without proper authorization by Brand Reserve Customer Service. Please contact Brand Reserve either through email (orders@nikonprogear.com) or at the phone number provided on said website.
Cards are not redeemable for cash. Cards are not returnable for credit. Cards can only be used toward the purchase of Nikon ProGear on this website.
If the value of your Card is greater than the amount of your total purchase, you will be able to use the remaining Card balance for future purchases, subject to the Website terms and conditions.
If the value of your Card is less than the amount of your total Nikon ProGear purchase, you must use a credit card in order to complete your purchase.
Only one Card may be used per online order. A Card cannot be combined on any online order with other Cards.
Use of this Card means you accept these terms and conditions. Any term of this Card purchase agreement deemed unenforceable shall be severable and the remaining terms enforced.
In addition to the above terms, all purchases using a Card are subject to the Nikon ProGear Terms and Conditions.
Montana law shall govern the Gift Card program, without regard to principles of conflicts of law and as if this Gift Card purchase agreement were a contract wholly entered into and wholly performed within the State of Montana.
Any dispute arising from or relating to purchases using the Gift Card program shall be submitted to confidential arbitration in Billings, Montana. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Gift Card purchase agreement shall be joined to an arbitration involving any other party subject to this Gift Card purchase agreement, whether through class arbitration proceedings or otherwise.
NIKON AND ITS LICENSEES, AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, CONTENT CODES, ALLOWANCES OR THE NIKON PROGEAR STORE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE, ITUNES CARD, CONTENT CODE OR ALLOWANCE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD, CONTENT CODE OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. 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 MAY ALSO HAVE ADDITIONAL RIGHTS.
Card Purchase Returns
We reserve the right to require identification, proof of purchase, or additional verifiable information to help Nikon ProGear locate the purchase in our records. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable Card not to exceed the original Card value, a credit to the payment card used to pay for the product, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
Our Accuracy
Occasionally, there may be information on this website that is outdated or contains errors, inaccuracies, or omissions, including but not limited to descriptions of products and services, pricing and product availability. Also note that although we have tried to accurately display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product. We reserve the right to correct any inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you.
Our Ownership of Content of this Website
All Content on or relating to this website is the property of SSC or its affiliates, licensors, or suppliers and is protected by U.S. copyright, patent, trademark, and/or other intellectual property or additional laws. No Content may be copied, distributed, republished, uploaded, posted, or transmitted in any way. Use of Content for any purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you - all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods or services subject to these Terms.
All trademarks appearing on the Site are trademarks of their respective owners and may not be copied or reproduced in any way.
Links to or From Third Party Websites
This website may link to other websites and some websites link to ours. We provide these links as a convenience but unless we specifically say so, we do not endorse the linked website or any of its contents. Additionally, some services offered on or through this website are provided by third party service providers, even though the page might look like an SSC page. When you link to other websites, you should review the linked website's "Terms of Use".
User Conduct
You agree that you will not violate any law, contract, or intellectual property right. You also agree not to:
- attempt to access any service or area of this website that you are not authorized to access
- alter information on or obtained information from this website
- use any robot, spider, scraper, or other automated means or interface not provided by us to access this website or to extract data
- reverse engineer any aspect of this website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of this website
- send to or otherwise impact our company or this website (or anything or anyone else) with harmful, illegal, deceptive, or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this website or any recipient
- access or use this website or any service of this website for any unlawful, unintended (by SSC) or harmful purpose
- take any action which might impose a significant burden on the infrastructure of this website
- interfere with the ordinary operation or mission of this website or its services
- "frame" this website or otherwise make it look like you have a relationship to SSC or Nikon or that SSC or Nikon has endorsed you for any purpose
Accuracy of Your Information
You agree to supply only accurate, current and complete information when setting up an account on this website, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always Accurate.
NO WARRANTIES REGARDING THIS WEBSITE; AS IS
YOU, THE USER, AGREE THAT OUR WEBSITE AND ALL CONTENT, SERVICES AND FUNCTIONALITY ARE PROVIDED BY SSC OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, THE USER. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, THE USER, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMAN-LIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE WEBSITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER SSC NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMAN-LIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR COMPLETE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, OR PRODUCT LIABILITY OR MISREPRESENTATION.
LIMITATION OF LIABILITY
YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION) RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE COMPLETE WEBSITE SHALL BE, AT OUR OPTION: (A) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (B) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE ITEM PURCHASED ON THIS WEBSITE. THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Termination or Cancellation of Agreement
Either SSC or you, the user, may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use this website after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on this website or by sending a communication to any address (email or otherwise) that we have for you in our in-house records. Our rights will survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to this website whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to SSC or others.
Applicable Law, Exclusive Forum and Notices
You agree that any disputes shall be heard exclusively in the appropriate forum in Montana. You also consent to jurisdiction in a state or federal court sitting in Yellowstone County, Montana, and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Montana or federal law.
We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on this website.
Amendments to Website Terms
You agree that we may amend these Terms from time to time, by changing any or all parts of these Terms without notification to any other party. You agree that USING THIS WEBSITE OR MAKING A PURCHASE AFTER ANY AMENDMENT OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION.
Entire Agreement of Terms and Conditions
These Terms and Conditions constitute the entire agreement between SSC and you, the user, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement.
Shipping & Handling Charges
By purchasing merchandise on this website you agree to pay the combined shipping and handling charges shown on this website on the date the order is placed.
We reserve the right to increase, decrease and add or eliminate charges at our discretion and without prior notice, therefore you also agree to check all charges before placing an order.
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