Terms of service

Website Terms of Use

Acceptance of the Terms of Use

Welcome to the website of Clark Outdoor ("Company," "we" or "us"). These terms, together with any documents they incorporate by reference (the "Terms of Use"), govern your access to and use of this website, including any content, functionality and products offered on or through it (the "Website").

Please read these Terms of Use carefully. By using the Website, or by clicking to accept or agree to these Terms of Use when that option is offered, you agree to be bound by them. If you do not agree, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use at any time at our sole discretion. All changes take effect as soon as they are posted. Your continued use of the Website after revised Terms of Use are posted means you accept the changes. Please check this page regularly, as changes are binding on you.

Accessing the Website

We reserve the right to withdraw or change the Website, and any service, product or material we provide on it, at our sole discretion and without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. We may restrict access to some or all of the Website from time to time.

You are responsible for making all arrangements necessary for you to access the Website, and for making sure that everyone who accesses the Website through your internet connection is aware of and follows these Terms of Use. Any information you provide on the Website must be correct, current and complete.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and their design, selection and arrangement) are owned by the Company, its licensors or other providers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws.

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Website without our prior written consent, or use any part of the Website for commercial purposes.

If you use or give anyone access to any part of the Website in breach of these Terms of Use, your right to use the Website ends immediately, and you must, at our option, return or destroy any copies of materials you have made. No right, title or interest in the Website or its content is transferred to you, and all rights not expressly granted are reserved by the Company.

Trademarks

The Clark Outdoor name and logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with all applicable federal, state, local and international laws and regulations.

Reliance on Information Posted

Information on the Website is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is strictly at your own risk. The Website may include content provided by third parties, including suppliers and vendors. That content is solely the responsibility of the party providing it, and we are not responsible for its content or accuracy.

Online Purchases

All purchases made through the Website are also subject to our Shipping Policy and Refund Policy, which are incorporated into these Terms of Use by reference.

Links from the Website

Links to third-party sites and resources, including links in advertisements, are provided for your convenience only. We have no control over those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you visit a linked third-party site, you do so at your own risk and subject to that site's terms.

Disclaimer of Warranties

We cannot and do not guarantee that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for your own anti-virus protection and data backup. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION ABOUT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR THE PRODUCT WARRANTY DESCRIBED IN OUR REFUND POLICY.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to them (including non-contractual disputes or claims), are governed by the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website must be brought exclusively in the federal courts for the Middle District of Pennsylvania or the Court of Common Pleas of Lancaster County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by these courts and to venue in them.

Waiver and Severability

No waiver by the Company of any term or condition in these Terms of Use is a further or continuing waiver of that term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these Terms of Use is not a waiver of that right or provision.

If any provision of these Terms of Use is held invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be removed or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms of Use, together with our Shipping Policy, Refund Policy and Privacy Policy, are the sole and entire agreement between you and the Company regarding the Website and any products purchased through it. They supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, on those subjects.

Your Comments and Concerns

This website is operated by Clark Outdoor, 612 E. Walnut St., Lancaster, PA 17602.

All notices, feedback, comments, requests for technical support and other communications about the Website or any products ordered through it should be sent to Sales@dutchwaregear.com or 717-947-7849.

Thank you for visiting Clark Outdoor.