TERMS & CONDITIONS OF USE
Last updated February 1, 2023
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. Wildland Pro, LLC ("Wildland Pro," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to Wildland Pro’s customers, and by using the Site you are agreeing to comply with and be bound by the following terms of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. If you do not agree to the terms and conditions, you should immediately exit the site.
Entire Agreement. This Agreement, and all Wildland Pro policies referenced herein, constitute the entire and only agreement between Wildland Pro and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order, or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on Wildland Pro only if agreed in writing by you and an authorized representative of Wildland Pro. This Agreement may be amended by Wildland Pro at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Use of the Site. Wildland Pro reserves the right to make any changes, at any time, to these Terms of Use and all policies referenced herein. The changes and additional terms and conditions are incorporated into this Agreement by this reference, and, unless otherwise provided herein or in the applicable policy, they will be effective as of the date the revised version is posted on the Site. Use of the Site or Services following any such change or additions constitutes acceptance of the revised Terms of Use and/or policies. Thus, it is important that the Terms of Use and policies be reviewed regularly.
Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed, is strictly prohibited. By posting of information or materials on the Site, Wildland Pro does not waive any right to such information and materials.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Privacy Policy and Use of Information. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information. Wildland Pro reserves the right, and you authorize Wildland Pro, to collect and use all information regarding use of the Site by you and all information provided by you in any manner consistent with Wildland Pro’s Privacy Policy. Please read our Privacy Policy for more information.
Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Wildland Pro will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Links to Other Web Sites. The Site contains links to other websites. Wildland Pro is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Wildland Pro. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by Wildland Pro. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
A customization fee applies to all custom products. Please review your customized item carefully prior to submitting your order; customized items may not be canceled or returned once the order has been submitted. Wildland Pro is not responsible for any errors or mistakes that have been approved.
Return Policy. Wildland Pro's return policy is a part of this Agreement. Wildland Pro does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery. Once they are used or slept in, they can not be returned.
Order Modification/Rejection. Wildland Pro reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at checkout. If your credit card has already been charged and any portion of your order is rejected, Wildland Pro will issue a credit to your credit card account for the amount rejected.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL Wildland Pro OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Wildland Pro'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Wildland Pro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification. You hereby agree to indemnify, defend, and hold Wildland Pro and its officers, directors, employees, agents, affiliates, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of (a) any breach by you of these Terms of Use or the documents and policies that these Terms of Use incorporate by reference; (b) your violation of any law or the rights of a third party; (c) your use of the Site and/or your Account(s), including, without limitation, any information (including User Content and Personal Information) made available by you through the Site. You shall use your best efforts to cooperate with Wildland Pro in the defense of any claim. Wildland Pro reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer. Wildland Pro makes no representations about the reliability of the features of the Site, the Wildland Pro content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated, and administered by Wildland Pro from within the United States. Wildland Pro makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of Wildland Pro products via Wildland Pro.com) must be commenced within one (1) year after the claim or cause of action arises.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.