Backcountry.com, LLC and its subsidiaries (“Backcountry” or “we” or “us”) warrant that the product manufactured by or for us (“Product”) is free from defects in materials and workmanship under normal use for the warranty period specified below. The Products are warranted only to the original purchaser of a Product manufactured by or for us that is purchased directly from our websites, applications, or other online products and services, including backcountry.com, steepandcheap.com, competitivecyclist.com, and motosport.com, or our authorized reseller. Any disputes relating to this limited warranty or a Product will be resolved through the mandatory arbitration provision and class action waiver below.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
The warranty period for your Product is specified in the Product description page where you purchased your Product, and begins on the date of purchase.
We will in our sole discretion and to the extent permitted by law either repair your Product using new or refurbished parts, replace your Product with a new or refurbished product which is functionally equivalent to the original Product, or accept the return of the Product in exchange for a refund of the purchase price you paid for the Product. If we repair or replace the Product, the repaired or replaced Product will continue to be warranted for the remaining time of the original warranty period. All returned parts for which you have received a replacement will become the property of Backcountry.
Warranty Limitations and Exclusions
This limited warranty is only valid and enforceable in locations the Product is sold and will apply only if you purchased your Product from us or our authorized resellers. This limited warranty does not cover damage caused by accident, improper care, negligence, disassembly, alteration, normal wear and tear (including natural breakdown of colors and materials over time or through use), alterations, or servicing other than by our authorized technicians. Please note, this warranty is void if the inside garment tags are removed on articles of clothing.
THE LIMITED WARRANTY WRITTEN ABOVE IS THE ONLY EXPRESS WARRANTY WE PROVIDE, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING THE PRODUCTS, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations on the duration of the implied warranties may not apply to you.
Obtaining Warranty Service
To begin a warranty claim, you must contact us at 1 (800) 409-4502 to return the product for examination and review by our customer service experts.
Limitation of Damages
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKCOUNTRY AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “BACKCOUNTRY PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT, BREACH OR FAILURE OF ANY WARRANTY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS OR THESE LIMITED WARRANTY TERMS, WHETHER A BACKCOUNTRY PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BACKCOUNTRY PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS LIMITED WARRANTY WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Backcountry and limits the manner in which you can seek relief from us.
- Except as specified in Section (f) below, you and Backcountry waive your rights to a jury trial and to have any dispute arising out of or related to this limited warranty or our Products resolved in court. Instead, all disputes arising out of or relating to these limited warranty terms or our Products will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in the county in which you reside, provided that if the claim is for $25,000 or less, either you or Backcountry may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- You and Backcountry agree that any dispute arising out of or related to these limited warranty terms or our Products is personal to you and Backcountry and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- To the maximum extent permitted by applicable law, you and Backcountry agree that these limited warranty terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”). As limited by the FAA, these limited warranty terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these limited warranty terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Backcountry agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Backcountry agree that the state or federal courts of the State of Utah and the United States sitting in Summit County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any claim arising out of or related to these limited warranty terms or our Products must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Backcountry will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by emailing email@example.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law & Venue section below.
- This section will not apply to (i) small claims disputes in which you or Backcountry may seek to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or Backcountry seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.
Governing Law & Venue
If you have any questions, please contact us at: firstname.lastname@example.org