In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.

a. The content on the Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Wind River Outdoor Company, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wind River Outdoor Company reserves all rights not expressly granted in and to the Website and the Content.

b. You may access User Submissions solely:

i. For your information and personal use in accordance with this Agreement; and

ii. As intended through the normal functionality of the Website.

c. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.

d. You may access Content, User Submissions, and other content only as permitted under this Agreement. Wind River Outdoor Company reserves all rights not expressly granted in and to the Content and the Website.

e. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein.

f. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

g. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Wind River Outdoor Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wind River Outdoor Company with respect thereto, and agree to indemnify and hold Wind River Outdoor Company, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

a. You may submit comments, information, text, link, graphics, photos, videos, or other materials or arrangements of materials posted, uploaded, downloaded, or appearing on Wind River Outdoor Company (collectively referred to as “User Submissions”) to Wind River Outdoor Company. You understand that whether or not such User Submissions are published, Wind River Outdoor Company does not guarantee any confidentiality with respect to any User Submissions.

b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Wind River Outdoor Company to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement.

c. You retain ownership of all copyrights you may have in your User Submissions. However, you grant Wind River Outdoor Company a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to Wind River Outdoor Company to use, remove, copy, reproduce, process, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt in any form or media now known or hereinafter developed, any User Submissions posted by you to Wind River Outdoor Company.

d. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Wind River Outdoor Company all of the license rights granted herein.

e. You agree that your conduct on the Website will comport with the terms of this Agreement.

f. Wind River Outdoor Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Wind River Outdoor Company expressly disclaims any and all liability in connection with User Submissions. Wind River Outdoor Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Wind River Outdoor Company will remove all Content and User Submissions if properly notified in a manner consistent with law and Wind River Outdoor Company’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. Wind River Outdoor Company reserves the right to remove Content and User Submissions without prior notice.

g. If you provide feedback to us regarding the Website, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

a. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Wind River Outdoor Company’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at mail@windriveroutdoorcompany.com.

You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.

b. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

i. Your physical or electronic signature;

ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Casper, Wyoming and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Wind River Outdoor Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wind River Outdoor Company’s sole discretion.

c. Repeat Infringers. Wind River Outdoor Company will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.

a. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Wind River Outdoor Company’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at mail@windriveroutdoorcompany.com.

You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.

b. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

i. Your physical or electronic signature;

ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Casper, Wyoming and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Wind River Outdoor Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wind River Outdoor Company’s sole discretion.

c. Repeat Infringers. Wind River Outdoor Company will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.

IN NO EVENT SHALL WIND RIVER OUTDOOR COMPANY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF WIND RIVER OUTDOOR COMPANY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY WIND RIVER OUTDOOR COMPANY FROM YOU TO ACCESS THE WEBSITE AND/OR USE THE SERVICES. IF YOUR USE OF THE WEBSITE, SERVICES, AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold harmless Wind River Outdoor Company, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to Wind River Outdoor Company. This defense and indemnification obligation will survive this Agreement and your termination of use of the Website.

a. You may terminate your use of the Website at any time. Wind River Outdoor Company may terminate this Agreement, or suspend or terminate your access to the Website, at any time, for any reason. If Wind River Outdoor Company suspects that you have violated any provision of this Agreement, Wind River Outdoor Company may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Website, even after you have stopped using the Website.

b. Wind River Outdoor Company reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Wind River Outdoor Company may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

The Website may contain links to third-party websites that are not owned or controlled by Wind River Outdoor Company. Wind River Outdoor Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Wind River Outdoor Company will not and cannot censor or edit the content of any third-party site. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE WIND RIVER OUTDOOR COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.

Users should be aware some payments may be processed through Shopify or other electronic payment vendors. Wind River Outdoor Company may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, then we encourage you to check the policies of the applicable vendor.

You relationship with the electronic payment vendors is separate from your relationship with Wind River Outdoor Company and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Wind River Outdoor Company is not responsible for the actions or omissions of any third party payment processor.

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Wind River Outdoor Company without any compensation or credit to you whatsoever. Wind River Outdoor Company and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Wind River Outdoor Company may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Website, which terms and conditions are made a part of this Agreement by this reference.

Our Website is not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at mail@windriveroutdoorcompany.com. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information. By using this Website, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to install and use this Website and must immediately delete it from your devices.  

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wind River Outdoor Company without restriction.

By using the Website, you consent to receiving electronic communications from Wind River Outdoor Company. These communications will include notices about your account and information concerning or related to the Website and/or Wind River Outdoor Company’s products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

This Agreement shall be governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles. By accessing the Website, the parties consent to the jurisdiction of the State of Wyoming.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 18 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.

 This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR WIND RIVER OUTDOOR COMPANY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, orother controversy between you and Wind River Outdoor Company concerning the Website or this agreement, whether in contract, warranty, tort, statute,regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. 

18.1 Notice of Dispute
In the event of a dispute, you or Wind River Outdoor Company must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: mail@windriveroutdoorcompany.com. Wind River Outdoor Company will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Wind River Outdoor Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60)days, you or Wind River Outdoor Company may commence arbitration.

18.2 Binding Arbitration
 If you and Wind River Outdoor Company don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Lander,Wyoming and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Wyoming law.Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting,and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party. 

18.3 Prohibition of Class and Representative Actions and Non-Individual Actions
You and Wind River Outdoor Company agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Wind River Outdoor Company agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Wind River Outdoor Company’s users.

All orders received by 2:00 pm Mountain Standard Time (MST) will be shipped the same business day. All orders received after 2:00 pm MST will be shipped the next business day. Customer (You) agree Wind River Outdoor Company is not responsible for shipping delays due to Acts of God (including, but not limited to, severe acts of nature or weather events including floods, fires, or earthquakes), strikes or labor disputes, epidemics, pandemics, acts of governmental authorities (including but not limited to government directives, expropriation, condemnation, and changes in laws and regulations), interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services, or other causes reasonably beyond Wind River Outdoor Company's control.

Customer (You) agrees that Wind River Outdoor Company is not responsible and will not be responsible in any manner for packages that are stolen or otherwise non-locatable after the delivery service (USPS, UPS, FedEx or other delivery carrier) confirms that the customer’s (Your) package has been delivered through their respective tracking systems. Any such theft or loss of a package after it has been shown delivered will be the responsibility of the carrier and the customer (You) to work out. It is strongly encouraged that all customer (Your) purchases be shipped to a location where the customer (You) or someone authorized by the customer (You) can personally take delivery of the product to prevent the theft or loss of packages.

Wind River Outdoor Company will ship orders that exceed fifty dollars ($75.00) free of charge via USPS or through another carrier at the choice of Wind River Outdoor Company. Some exclusions to the free shipping may be present due to size, weight or logistics. These items will be clearly communication to the customer (You) prior to shipping. Expedited shipping is available from FedEx and UPS at an additional cost to the customer (You).

If an item(s) is damaged during shipping, the customer (You) should immediately notify Wind River Outdoor Company at mail@windriveroutdoorcompany.com or via telephone prior to returning the item(s). All shipping damages should be noted with the delivery carrier, photos taken and all materials should be saved so that a claim with the delivery service can cover the loss. Wind River Outdoor Company is not responsible for damaged merchandise, however, we will work with the customer (You) to ensure the carrier reimburses either the customer (You) or the retailer (WROC) for a replacement to be sent to the customer (You).

Wind River Outdoor Company is not responsible for any theft or damage of merchandise after delivery has been made to shipping address.

We use Shopify, Paypal and/or Klarna as a provider of our checkout process. This means that we might transfer your personal data in the form of contact and order details to Shopify, Paypal and/or Klarna when the checkout is loaded, in order for Shopify, Paypal and/or Klarna to manage your purchase. Your personal data transferred is processed in line with Shopify, Paypal or Klarna’s own privacy notice.