SNOW BOUND OUTFITTERS LLC Terms of Service
Updated Effective Date:
September 29, 2022.
OVERVIEWThe following Terms of Service (“Terms”) are a legal agreement between you (“you” or “your”) and Snow Bound Outfitters LLC (“we,” “our,” “us,” “Snow Bound,” or “SB”). The Terms describe the terms and conditions on which you may access and use the Snow Bound website located at snowboundoutfitters.com (the “Site”), and related services including Snow Bound’s product rental and retail services (collectively “Services”). These Terms also apply to in-person rentals and sales, which are considered a part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. No other terms or conditions (preprinted or otherwise) shall have any force or effect.
With regard to rental products, You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Snow Bound at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the “I Accept” button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
I. ABOUT THE SERVICES
Through the Services, we aim to provide you with access to the best winter gear and accessories (“Products”) to rent and/or for sale, depending on the product.
A. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any Products via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
C. Modification of the Services or the Terms
Snow Bound may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, SB will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to SB upon registration.
You consent to receive communications from Snow Bound, including email,
text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. SB may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You acknowledge that opting out of receiving communications may impact your use of the Services.
E. Products and Services
This section governs the rental of Snow Bound’s products including care and damage, fees, returns, delivery options, and cancellations, as well as the sale of retail products.
- Rental Product Care and Coverage: Snow Bound allows you to obtain for rental various Products including but not limited to winter apparel, boots, and accessories. You agree to treat the Products with great care, but in any event no less than a reasonable standard of care. You agree to immediately spot clean any stains that arise in the course of wearing to minimize staining and damage to the gear. Should damage occur that renders a wash absolutely necessary under your care, you agree to wash according to the label and remove the hood fur prior to washing. SB’s rental coverage charge covers normal wear that SB determines allows the Product to continue to be suitable for rent in its existing condition. Aside from what SB determines is minor wear, you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, major tears, or any other cause. Should you return a Product that SB determines is damaged beyond normal wear, then you hereby authorize us (or our third-party payment processor) to charge you for the price of repairing or replacing the Product, as determined by us, up to 100% of the Full Retail Value (“Full Retail Value”) for the Product. Full Retail Value means the full retail price when new, without any discounts, and including tax and shipping costs to Hawaii.
- Rental Fee: The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, damage coverage fee, and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize Snow Bound to charge your payment card for the Rental Fee. SB will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize SB to charge your payment card for an amount equal to 100% of the Full Retail Value plus applicable sales taxes; provided that SB will only charge your payment card for an amount greater than the Rental Fee as described in section I(E)(1). Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by SB, shall be paid by you to SB in connection with your rental order.
- Product descriptions. Snow Bound may, in its sole discretion, provide listings, descriptions, or images of Products that are available on the Website for sale or rent, as well as references and links to Products, but SB does not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on the Website. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measurements, and similar descriptions are approximate and are for convenience only. SB makes reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and SB cannot guarantee that your computer, tablet, smart phone, or other device will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Snow Bound does not warrant any Product for merchantability or any particular use; you acknowledge the use of any Products is solely at your own risk. The availability through the Website of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. Product names, logos, brands, trademarks, and registered trademarks are property of their respective owners.
- Rental Cancellation Policy. You may cancel your rental order subject to the following cancellation fees and policies:
a. If you cancel forty-five (45) or more days in advance of the rental date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
b. If you cancel less than forty-five (45) days but more than thirty (30) days in advance of the rental date, you will not receive any refund, but you will receive a full credit to your SB account for the Rental Fee associated with the cancelled order. This credit can be applied to any future SB rental.
c. If you cancel less than thirty (30) days but more than fifteen (15) days in advance of the rental date, you will receive a credit to your SB account for half of your Rental Fee associated with the cancelled order.
d. If you cancel less than fifteen (15) days in advance of the rental date, there will be no refund or credit due.
- Pick Up. Your Products may be collected from our location on Oahu. Should you live on an outer island, Snow Bound will ship your items to you subject to an additional delivery charge. After your purchase or rental, SB will contact you directly from email@example.com to notify you of your pick up window. Following the collection of your item, you will be solely responsible for the condition of each Product until you return such Product (including while in transit). SB reserves the right to reject, cancel, or prohibit any rentals or sales of Products for any reason.
Rental Returns, Extensions, Shipping, and Lost Items
You agree to return each rented Product (other than Products that you purchase) to Snow Bound by 12pm on the return date. Should you wish to extend your order for a Product, you must contact SB at firstname.lastname@example.org prior to the return date, and subject to availability, SB may permit you to extend your order, subject to a further prepayment of any additional fees and taxes applicable to that Product for the extension period.
At the completion of your rental, Snow Bound will supply you with materials to return the Products (“Return Packaging”). SB is not responsible for any personal or other items left in the Products or which are returned to SB in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at email@example.com. Snow Bound may, but are not required to, assist you in attempting to locate such items at your request, but regardless assume no responsibility or liability whatsoever regarding such items.
Once you package your items, please return to our specified return location at the time specified in your rental booking. You are responsible for your rental until it is returned to SB.
- Late Fees If you fail to communicate with SB to arrange a return prior to your rental due date, a late fee of fifty dollars ($50.00) per day late will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to SB, and you agree to pay such late fees, up to an amount not to exceed 100% of the Full Retail Value of each individual item, plus any further additional sales tax (this amount is on top of the Rental Fee already charged to you). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. However, if only part of an order is not returned, the same late fee of $50.00 a day still applies. If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and SB will charge your payment card the maximum late fee set forth in this section, less any late fees that you have already paid, plus applicable sales tax. If you pay SB an amount equal to 100% of the Full Retail Value plus applicable sales taxes under this Section and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. The limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.
- Retail Returns. Returns of unused retail merchandise in their original packaging with tags, excluding all beanies and Hot Hands products (which are final sale), may be initiated within 14 days by contacting firstname.lastname@example.org and providing a copy of your purchase receipt.
- Limitations. You acknowledge and agree that SB may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card, or billing or shipping address. SB reserves the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
- Collections. If you do not pay the amounts you owe to Snow Bound when due, then SB will need to institute collection procedures. You agree to pay SB’s costs of collection, including without limitation reasonable attorneys' fees.
II. LIMITED WARRANTIES.
The following are the limited warranties Snow Bound provides in connection with Product rentals. SB’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding damage waiver and delivery charges) as determined by SB.
A. Correct Products
Subject to availability, SB will provide the rental Products you ordered, including the specified size, color, and design, on or before the date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may provide you with a replacement product that has the same purpose and is of similar quality. Products may appear different in color and style than as displayed on the Site.
B. Clean and Ready for Use
The Products will be cleaned and delivered ready to wear. SB cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and SB shall not be held liable for any health-related complaints or accidents associated with any Product.
C. Sizing Returns
If your rental Product does not fit you, then you may return the Product to SB within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting SB at email@example.com and returning the Product in conformance with the return procedures outlined in Section I(E)(6). SB will do its best to replace the item should correct sizing be in stock and otherwise will issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that SB may use your Feedback without restriction or obligation to you or any third party.
III. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
IV. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Limited Warranties
The limited warranties set out in Section II for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by SB in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and SB’s sole and exclusive liability for a breach by SB of the limited warranties set out in Section II shall be, at SB's option, SB's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding damage waivers and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION II, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, SB DOES NOT WARRANT THAT: (1) THE SERVICES, INCLUDING THE SB CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (2) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, (4) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (5) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SNOW BOUND BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION II OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
V. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought by arbitration only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and SB agree that in the event of any dispute between us, you and SB will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Hawaii. The arbitration shall be conducted by one arbitrator agreed to by all parties on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall include a written record of the arbitration hearing. Arbitrator fees are to be split equally amongst all parties, with all other fees borne by each party respectively. An award of arbitration may be confirmed in a court of competent jurisdiction.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and SB shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
A. Jurisdictional Issues
Snow Bound makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that SB intends to announce or make available such products or services to the general public, or in your country.
B. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the SB Content, or any part thereof, in any way, in violation of United States law.
C. Governing Law and Venue
This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Hawaii (without regard to principles of conflicts of law). Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Honolulu, Hawaii.
D. Entire Agreement
These Terms are the entire agreement between you and Snow Bound relating to the subject matter herein and shall not be modified except by SB in accordance with these Terms, or as otherwise agreed in writing by you and SB. No employee, agent or other representative of SB has any authority to bind SB with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
E. Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Snow Bound may assign these Terms at any time without notice to you.
G. Force Majeure
Snow Bound will not be liable for, or be considered to be in breach of these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond SB’s reasonable control.