TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use ("Terms of Use") apply to “www.arcteryx.com,” and all sub-pages (collectively, “the Website”). The Website is owned by and operated by Arc'teryx Equipment, a division of Amer Sports Canada Inc. (herein, "Arc'teryx", "we" or "us" as the context may require).

Please read these Terms of Use carefully before using the Website. By accessing and/or continuing to use the Website, you agree to these Terms of Use and other applicable law. Please do not use the Website if you do not agree to these Terms of Use. Arc’teryx reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use of this Website and agree that your continued use of the Website constitutes your consent to the latest modified Terms of Use.

These Terms of Use contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.

COPYRIGHT AND OWNERSHIP

All Content on the Website is owned by Arc’teryx. “Content” includes, but is not limited to all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with Arc’teryx for the purchase of Arc’teryx products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by Arc’teryx.

All trademarks, service marks and trade names of Arc’teryx used herein (including, but not limited to the Arc’teryx name, the Arc’teryx logo, the Arc’teryx “script” logo, and the names and logos of all sub-brands) are trademarks or registered trademarks of Arc’teryx and may not be used without the express written permission of Arc’teryx. All other intellectual property in the Website, including, but not limited to patents, issued or pending, is the sole property of Arc’teryx and/or its licensors.

PRIVACY

Arc’teryx takes the privacy of the users of its website seriously and is committed to its safeguarding. Privacy terms in connection to the Website are described in our Privacy Policy.

PRODUCT ORDERS

By placing an order for products on the Website, you agree to the Terms of Sale which terms are made a part of these Terms of Use by this reference. We attempt to ensure that product information on this Website is complete, accurate and current. Despite our efforts, information on this Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about descriptions, specifications, prices and availability without notice. Products may not be available for delivery to your country of residence.

Products ordered through the Website are subject to acceptance by Arc’teryx at its sole discretion. Arc’teryx may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by Arc’teryx, Arc’teryx shall issue a credit to your credit card account.

RISK OF LOSS

Risk of loss and title for all products purchased from Arc’teryx will pass to you upon Arc’teryx’s delivery of such products to its shipping carrier.

LINKS TO THIRD PARTIES

For your convenience, links to websites owned by third parties may be provided on the Website from time to time. These links take you outside Arc’teryx’s service and off the Website. This includes links to partners that may use Arc’teryx's logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although Arc’teryx seeks to protect the integrity of its Website, Arc’teryx is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

USER GENERATED CONTENT

Arc’teryx does not, and you agree that Arc’teryx has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Website) (collectively, “User Generated Content”), that Arc’teryx is not in any manner responsible for User Generated Content, that Arc’teryx does not guarantee the accuracy, integrity or quality of User Generated Content, and that Arc’teryx cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Arc’teryx is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Arc’teryx or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that Arc’teryx has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Arc’teryx reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Arc’teryx in writing of any objectionable content appearing on the Website. Arc’teryx will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Website, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the Website which Arc’teryx in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Arc’teryx or another party, illegal, or otherwise objectionable to Arc’teryx. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website.

USE OF INFORMATION SUBMITTED

You agree that Arc’teryx is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Website, or created by you while accessing the Website (including, without limitation, any designs or other materials created or submitted by you on the Website), or contained in any communication you may send to Arc’teryx or submit to the Website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

DISCLAIMER

EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, ARC’TERYX, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ARC’TERYX PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE WEBSITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE ARC’TERYX PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. EXCEPT AS PROHIBITED BY NEW JERSEY LAW, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ARC’TERYX PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROHIBITED UNDER APPLICABLE NEW JERSEY LAW, THE ARC’TERYX PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE WEBSITES, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE ARC’TERYX PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROHIBITED UNDER APPLICABLE NEW JERSEY LAW, YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE ARC’TERYX PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE. IF YOU ARE A RESIDENT OF NEW JERSEY: THIS DISCLAIMER SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY ARC’TERYX’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED UNDER NEW JERSEY LAW, THE ARC’TERYX PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITES OR ANY CONTENT ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. EXCEPT AS PROHIBITED UNDER NEW JERSEY LAW, THE ARC’TERYX PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITES EVEN IF THERE IS NEGLIGENCE BY US OR IF AN AUTHORIZED REPRESENTATIVE OF ARC’TERYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. EXCEPT AS PROHIBITED UNDER APPLICABLE NEW JERSEY LAW, THE ARC’TERYX PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.

IF YOU ARE A RESIDENT OF NEW JERSEY: THIS LIMITATION OF LIABILITY SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY ARC’TERYX’S OWN FRAUD, RECKLESSNESS, GROSS NEGLEGENCE OR WILLFUL MISCONDUCT.

INDEMNIFICATION

Except as prohibited under New Jersey law, you hereby agree to indemnify, defend and hold harmless Arc’teryx and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any User Generated Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. Arc’teryx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Arc’teryx. You shall cooperate as fully as reasonably required in the defense of any claim. IF YOU ARE A RESIDENT OF NEW JERSEY: THIS INDEMNIFICATION SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY ARC’TERY’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Binding Arbitration AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and Arc’teryx, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Arc’teryx will cover all additional administrative fees and expenses. Arc’teryx waives its right to recover attorneys’ fees in connection with any arbitration under these Terms of Use. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

The dispute will be governed by the laws of the State of Illinois, USA. The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Arc’teryx nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Arc’teryx.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ARC’TERYX AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Arc’teryx in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to Arc’teryx at 1 Prudential Plaza, 130 E. Randolph Street, Suite 600, Chicago, IL 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Arc’teryx with respect to your use of the Website, and supersedes all prior agreements or communications. If any provision of these Terms of Use are found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You agree that any notice, agreement, disclosure or other communication that Arc’teryx sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Arc’teryx's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Arc’teryx may assign its rights and duties under this Agreement to any party at any time without notice to you.