Terms of service

This page contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. By placing an order for products or services from this website, you accept and are bound by these terms and conditions. If you do not agree to these terms, do not access the Site. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH VERTICAL OUTDOORS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through verticaltreestands.com (the "Site"). These Terms are subject to change by Vertical Outdoors, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. 

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES. 

NOTICE FOR ALL TREESTAND AND CLIMBING STICK PURCHASES:

Vertical Outdoors, LLC Treestands and Climbing Sticks should never be used without a proper Safety Harness. A Safety Harness is not included with the purchase of our Treestand and/or Climbing Sticks. It is your responsibility to purchase, learn the proper use, and wear a fall arrest system that meets all ASTM standards at all times while using this equipment. By accepting these terms and conditions, you agree to use a safety harness in conjunction with these products at all times. Vertical Outdoors, LLC retains no responsibility or liability for damages that result from improper use of these products. 

SECTION 1: GENERAL CONDITIONS OF SALE

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. We reserve the right to refuse service to anyone for any reason at any time. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

Limitations on Orders. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to discontinue any product at any time.

Price Changes. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Payment. Terms of payment are within our sole discretion. Payment must be received by us before our acceptance of your order. We accept Visa, Mastercard, Discover, American Express and PayPal for all purchases. You represent and warrant that (i) the bank or credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process unless stated otherwise. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds. The products sold on the Site are non-returnable and non-refundable. We will not provide refunds or accept returns. 

Accuracy of Product Color. We display as accurately as possible the colors of the products shown on this web site. The colors you see will depend on your monitor. For this reason, we cannot guarantee that your monitor’s display of any color will be accurate. 

SECTION 2: PERSONAL INFORMATION

Privacy Policy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Information You Submit. All information you submit to us shall be true, accurate and complete. No information or material provided to Vertical Outdoors, LLC by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances might be deemed threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortuous, defamatory, libelous, invasive of another person's privacy, or violate another person's publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential and you do not have a right to disclose. By sending content, information or material, you grant Vertical Outdoors, LLC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Vertical Outdoors, LLC is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgment.

Conduct. As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By ways of example, and not as a limitation, you agree: (i) Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs; (ii) Not to interfere with or disrupt the Site networks or servers; (iii) Not to delete any legal notices, disclaimers or proprietary notices; (iv) Not to misrepresent your identity or credit information; (v) Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; and (vi) Not to interfere with Vertical Outdoors, LLC or another authorized party's use and enjoyment of the Site.

SECTION 3: WARRANTY 

All merchandise listed on this site or in any type of Vertical Outdoors, LLC advertisement is sold “as is,” unless otherwise specifically noted, and is without warranties of any type from us, expressed or implied. We disclaim all warranties, including but not limited to, the implied Warranty of Merchantability and the implied Warranty of Fitness, for a particular purpose. 

Vertical Outdoors, LLC disclaims any liability for product defect claims that are due to product misuse, improper product selection, and/or misapplication. Any picture, description or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. Vertical Outdoors, LLC liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.

Without limiting the generality of the foregoing, the user should not rely on any dimension, specification or installation information provided on the site, as such information may be inaccurate, incomplete, outdated and/or not applicable to your particular situation. VERTICAL OUTDOORS, LLC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON. 

You acknowledge that any items advertised on the site and/or sold by vertical outdoors, LLC are accepted "as is, where is, and with all faults." Vertical Outdoors, LLC makes no (and Vertical Outdoors, LLC expressly disclaims any) express or implied warranty or representation of any kind or nature whatsoever other than title with respect to the item including, but not limited to, any warranty that the item is merchantable, fit for any particular purpose or noninfringing. Without limiting the generality of the foregoing, Vertical Outdoors, LLC disclaims and you hereby waive, all other warranties, guarantees or liabilities, whether express, implied or statutory, including but not limited to (i) any implied warranty arising from a course of performance or dealing or usage of trade (ii) any warranty as to the condition, design suitability, operation, quality of workmanship or materials, or history or level of use, maintenance, service or repair, of the item, or (iii) any warranty as to the use, condition (including, without limitation, the absence therefrom of latent, inherent or other defects, whether or not discoverable), quality, description or specifications of the item.

SECTION 4: LIMTATION OF LIABILITY

Notwithstanding anything to the contrary contained in these Terms, you waives all claims against Vertical Outdoors, LLC (and against parent company, affiliates, contractors, subcontractors, consultants, agents and vendors) for any consequential, incidental, indirect, special, exemplary or punitive damages (including but not limited to, loss of actual or anticipated profits, revenues or product; or loss of use), and regardless of whether any such claim arises out of breach of contract, tort, product liability, indemnity, contribution, strict liability or any other legal theory. 

IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL COMPNAY’S CUMULATIVE LIABILITY TO CUSTOMER EXCEED THE PRICE FOR THE PRODUCT AND/OR SERVICE GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

SECTION 5: THIRD PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Indemnification. By accessing this site, you agree to defend, indemnify and hold harmless Vertical Outdoors, LLC and any affiliated companies and their respective directors, officers, employees and agents against all claims and expenses, including attorney’s fees, arising out of the use of this site. 

SECTION 6: INTELLECTUAL PROPERTY 

Copyright and Intellectual Property Ownership. Vertical Outdoors, LLC is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Vertical Outdoors, LLC may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.  Vertical Outdoors, LLC grants no rights to you hereunder other than as expressly set forth herein. The Site and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Vertical Outdoors, LLC and to comply with all reasonable written requests made by Vertical Outdoors, LLC, or its third-party licensors to protect their and others' rights in the Site and materials and content made available on or through the Site.

Limited License to Use Material Provided on the Site. Vertical Outdoors, LLC grants you a limited license to use the materials made available on the Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Vertical Outdoors, LLC. Vertical Outdoors, LLC, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.

Right to Download. You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.

SECTION 7: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 8: CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 9: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 10: MISCELLANEOUS

Force Majeure. Vertical Outdoors, LLC shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.

Governing Law and Jurisdiction. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America. 

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

SECTION 11: CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at sales@verticaltreestands.com.