Denver Outfitters

Mr [redacted] did preorder a Rod Vault from us on the date indicated As with all customers, before being allowed to place his preorder, Mr [redacted] was required to review and agree to the “terms” clearly stated on our website which include an explanation that it is a PREorder, meaning it is paid for at the time the order is placed with the understanding that 1) it will not ship/be available till a later date, and 2) availability dates are projected, not guaranteed In return for PREordering with that understanding, Mr***, like all customers, was given a huge 40% discount, purchasing the $Rod Vault for just $— the lowest price we have ever offeredDespite that explanation, Mr [redacted] chose to cancel his preorder and his preorder was refunded, also in accordance with the terms to which he agreed

While [redacted] 's use of the term "Ponzi scheme" is quite perjurious, in reality [redacted] has never even canceled his preorder nor requested a refund If he chooses to do so, we will process his cancelation and refund in keeping with the "terms," clearly displayed on our website, to which [redacted] agreed at the time he placed his preorder

We contacted [redacted] by email on April 3rd and informed him of the following" "At Denver Outfitters we are committed to bringing the production of [redacted] back to [redacted] -- and have made significant progress toward accomplishing that goal We believe this is crucial for two reasons One is the ‘insourcing” of jobs to [redacted] that had been outsourced overseas by the previous owners But another is that we have found that the quality of components provided by overseas suppliers is often “uneven” at best A recent, and unfortunate, example is that the last components shipment that we just received had a substantial number of parts which were substandard (See photo) These components were intended to be assembled into your [redacted] ***We suspect the supplier, knowing the delivery projections we had made to our customers, figured we’d just have to accept them He was woefully mistaken! We made clear to him that we are unwilling to deliver substandard [redacted] to our customers After much discussion, and a good deal of “grumbling,” the supplier agreed to re-make those bad parts - but that unfortunately is now causing delays in when Round [redacted] will be availableThis experience has also convinced us all the more that it is essential that we bring the manufacturing of our component parts back from overseas as well so that we have control over both the quality and the timing of our component parts productionSo while at one point we were running about months behind, we have caught up substantially -- but as a result of having to require the supplier to remake those parts, we’re now running about to days behind, and rather than the originally projected April for Round preorders to start shipping, it will likely be some time in JuneWe know the delays are disappointing and frustrating - be assured they are for us as well, and yet we have been so encouraged as we have found that overwhelmingly our customers are wonderful, understanding people who appreciate what we have done and are doing--rescued a company with a great product that was nevertheless headed for bankruptcy, reduced prices to customers, become a “teaching business”--like a teaching hospital--to teach young people how to become entrepreneurs, and brought jobs back from overseasI’ll be calling you soon to give you further details, but I wanted to let you know, on behalf of all the folks who work here, just how much we appreciate you as our customer and how grateful we are for your patience and understanding, and how hard everyone is working to get your [redacted] to you just as quickly as we can [redacted]

We contacted [redacted] by email on April 3rd and informed him of the delay Here’s a copy of that email: “At Denver Outfitters we are committed to bringing the production of [redacted] back to [redacted] -- and have made significant progress toward accomplishing that goal We believe this is crucial for two reasons One is the ‘insourcing” of jobs to [redacted] that had been outsourced overseas by the previous owners But another is that we have found that the quality of components provided by overseas suppliers is often “uneven” at best A recent, and unfortunate, example is that the last components shipment that we just received had a substantial number of parts which were substandard (See photo) These components were intended to be assembled into your [redacted] ***We suspect the supplier, knowing the delivery projections we had made to our customers, figured we’d just have to accept them He was woefully mistaken! We made clear to him that we are unwilling to deliver substandard [redacted] to our customers After much discussion, and a good deal of “grumbling,” the supplier agreed to re-make those bad parts - but that unfortunately is now causing delays in when Round [redacted] will be availableThis experience has also convinced us all the more that it is essential that we bring the manufacturing of our component parts back from overseas as well so that we have control over both the quality and the timing of our component parts productionSo while at one point we were running about months behind, we have caught up substantially -- but as a result of having to require the supplier to remake those parts, we’re now running about to days behind, and rather than the originally projected April for Round preorders to start shipping, it will likely be some time in JuneWe know the delays are disappointing and frustrating - be assured they are for us as well, and yet we have been so encouraged as we have found that overwhelmingly our customers are wonderful, understanding people who appreciate what we have done and are doing--rescued a company with a great product that was nevertheless headed for bankruptcy, reduced prices to customers, become a “teaching business”--like a teaching hospital--to teach young people how to become entrepreneurs, and brought jobs back from overseasI’ll be calling you soon to give you further details, but I wanted to let you know, on behalf of all the folks who work here, just how much we appreciate you as our customer and how grateful we are for your patience and understanding, and how hard everyone is working to get your [redacted] to you just as quickly as we can [redacted] In addition, [redacted] came to our offices on April 5th and our [redacted] , spoke with him personally and reiterated the above informationAt the time [redacted] placed his preorder our “terms and conditions,” which were disclosed to him BEFORE he placed his order, and which are available on our website, stated: “Denver Outfitters reserves the right to make changes to any products or service offered on all of its websites and mobile applications, or to the applicable prices or projected shipping dates for any such products or services, at any time, without notice.” Furthermore, when [redacted] contacted us yesterday his contact WAS answered and responded to through our online Live Chat ticket system That ticket indicates as follows: [redacted] Message: Checking on the status of my [redacted] order from January Just tried calling and live chat during business hoursWhat's going on with company!?! [redacted] We’re a manufacturing facility, not a retail storeWe get hundreds of calls every day, and do not always have someone who can answer every call as it comes inYou came in and I spoke with you on April 5thAt that time I told you that Round 2, of which your order is at the end, had been delayed and would BEGIN shipping sometime in June with orders being filled in the sequence in which they had been placedThere has been no change in that projection since we spoke last month [redacted] did not reply further, ask additional questions, or request any additional informationOur Terms and Conditions are reproduced below: Terms And Conditions Please read carefully the following provisions of these Terms of Sale (“Terms”)This is a legal agreement between you and Denver Outfitters inc., a [redacted] corporation (“Denver Outfitters”) regarding the purchase of Denver Outfitters products through its online and/or mobile services or websiteBy using the services for purchase, you acknowledge that you have READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS, and comply with the Privacy Policy.In its discretion Denver Outfitters reserves the right to add, remove or modify the Terms and Conditions at any timeIt is your responsibility to regularly check the Terms and Conditions in the event of any changes.Through the use of websites and mobile applications, Denver Outfitters will offer and make available in its sole discretion its products and services, herein referred to as the Denver Outfitters Service, to the general public.GeneralDenver Outfitters strives to ensure, but does not guarantee, the information provided on its online services, including, but not limited to, web and mobile based services, is complete, accurate and up to dateAs such, Denver Outfitters make no representation as to the completeness and/or accuracy of any information on its online services.All features, content, specifications, products, colours and prices of products and services described or depicted through Denver Outfitters’ online services are subject to change at any time without individual or advanced noticeDenver Outfitters will make all reasonable efforts to accurately display the attributes of its products, including the applicable designs.Receipt of an email order confirmation does not constitute Denver Outfitters’ acceptance of an order or confirmation of an offer to sell a product or serviceDenver Outfitters reserves the right, without prior notice and in its sole discretion, to limit the order quantity of any product or service, to refuse the service to any customer and/or to refuse access to Denver Outfitters online services by any customerDenver Outfitters may require verification of information (such as payment information) prior to the acceptance and/or shipment of any order.Print and Canvas policies:*Please note that due to computer monitor color settings, the canvas may look slightly different than the colors your computer displayedWe print the canvasses true to the photograph/artists specifications*Each canvass is printed to order, so please allow 7-business days before the item ships.The workmanship of the canvass is guaranteedYou have days to take a digital photo of any blemishes or damage to the canvass and send it to [redacted] in order to discuss a replacementOf course the vast majority of prints arrive to customers with no issuesAnd we have a 100% customer satisfaction record and will do everything in our power to always make things right with our customers!Canvas Return Policy: Shipping is non-refundableIf you are unhappy with your canvass you are responsible for the safe shipment of the item back to Denver OutfittersThe item must be returned undamaged or a penalty fee will be charged to the return and deducted from the refund.Refund Policy for new, unused products (unless otherwise specified)) A refund may be requested by a customer within (30) days of shipping the order(s)A refund may be requested by notifying Denver Outfitters at [redacted] >Denver Outfitters is not responsible for any additional charges that may be incurred during the refunding processAny refunds, if paid, are exclusive of interestPlease note that processing a refund may involve the services of a third partyDenver Outfitters will refund customers within a reasonable amount of time, pursuant to any Terms and Conditions Denver Outfitters is subject to with any such third partyDenver Outfitters will not provide a refund for a return of a product if the request does not comply with the requirements specified herein.We guarantee your total satisfaction and to ensure this we offer a superior returns policyNew, unused products (unless otherwise specified) can be returned for a full refund minus a restocking fee and promotional costs if returned within days of an order.•New, unused products (unless otherwise specified) must be returned in the condition you received it and with the original box and/or packaging, including manufacturer tags where applicable.•We will not accept the return of products damaged due to negligence or abuse.•Shipping and or re-boxing fees will not be refunded.• All Return Shipping and or re-boxing costs are the responsibility of the customer.Funds can take 30-days to be returned to you after processing your return.Send us an email or LiveChat with a support agent at the bottom of the website for more information about returns.Refunds and returns are NOT available for used, refurbished, or any other non-new products.CancellationAt its discretion, Denver Outfitters may cancel a customer reservation at any timeSuch customer will receive a full refund of the Purchase Price exclusive of interest, and may receive a refund exclusive of any taxes and governmental charges.Purchases by CustomersAdditional terms and conditions may apply to purchases of services or goods and to specific portions or features of the Denver Outfitters’ Website and other online and mobile services, including contests, promotions or other similar features, all of which terms are made a part of these Terms by referenceYou 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 featureIf there is a conflict between these Terms and the terms posted for or applicable to a specific portion of Denver Outfitters online services or for any service offered on or through said services, the latter terms shall control with respect to your use of that portion of online services or the specific service.Denver Outfitters reserves the right to make changes to any products or service offered on all of its websites and mobile applications, or to the applicable prices or projected shipping dates for any such products or services, at any time, without noticeThe materials on the Denver Outfitters Service with respect to products and services may be out of date and therefore Denver Outfitters makes no commitment to update the materials on the Denver Outfitters Service with respect to such products and services.Pre-Orders may be placed for Denver Outfitters products and services in accordance with these terms & conditions.Billing and PaymentTo the extent that you purchase any services and/or goods from Denver Outfitters, you agree to pay for all services and goods ordered from Denver Outfitters, except as set forth in writing signed by an authorized representative of Denver Outfitters.You will be expected to provide Denver Outfitters with a valid and updated credit card or approved purchase order information and with accurate billing and contact informationBy providing credit card or other authorized payment method information to Denver Outfitters, you authorize Denver Outfitters, or a credit card processor of its choosing to bill such credit card or to make such changes as applicableIf Denver Outfitters, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Denver Outfitters will invoice you at, or within a reasonable period of, the time of the purchase requestAll amounts invoiced here under shall be due within thirty (30) days of the date of the invoice.Product WarrantyDenver Outfitters warrants the Classic [redacted] Fly, to the original purchaser, against defects in materials or workmanship for a period of one year from the date of purchaseThe warranty terminates if the product’s owner fails to present this Term of Warranty when requesting repairing services from Denver Outfitters under the terms provided herein.Subject to Denver Outfitters’ inspection of the product, Denver Outfitters will remedy defects in materials and/or workmanship by repairing or replacing, at Denver Outfitters’ option, the defective product without charge for parts or labor, subject to the limitations and exclusions described in this warrantyDenver Outfitters may elect, at its option, not to repair or replace a defective product, in which case Denver Outfitters will issue to the original retail purchaser, at Denver Outfitters’ option, either a refund equal to the purchase price paid for the product, or a credit to be used toward the purchase of new Denver Outfitters products.This Denver Outfitters warranty coverage does not, under any circumstances, cover any damage to non-Denver Outfitters products used in conjunction with Denver Outfitters products.This warranty does not cover problems caused by wear and tear (including, but not limited to, scratches, dents, tears, or aesthetic oxidation of surfaces, or natural breakdown of colors and materials over extended time and use), commercial use, accidents, unlawful vehicle operation, or modifications or repairs not performed or authorized by Denver OutfittersIn addition, this warranty does not cover problems resulting from conditions beyond Denver Outfitters’ control including, but not limited to, theft, misuse, overloading, or failure to assemble, mount or use the product in accordance with Denver Outfitters’ written instructions or guidelines included with the product or made available to the original purchaser.In the event that the product needs to be returned, purchaser will be responsible for mailing the product to Denver Outfitters, with proof of purchase in the form of an original purchase invoice or receipt, and with a detailed description of the defect.This warranty terminates when the original retail purchaser sells or otherwise transfers the product to any other person.LIMITATION OF LIABILITY:REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT, OR THE ISSUANCE OF A REFUND OR CREDIT (AS DETERMINED BY DENVER OUTFITTERS), IS THE ORIGINAL RETAIL PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTYDAMAGE OR INJURY TO THE ORIGINAL RETAIL PURCHASER, TO HIS OR HER VEHICLE, CARGO, OR PROPERTY, AND/OR TO ANY OTHER PERSON OR PROPERTY IS NOT COVERED BY THIS WARRANTYTHIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER EXPRESS WARRANTIES, WHETHER ORAL OR WRITTEN.DENVER OUTFITTERS’ SOLE LIABILITY IS LIMITED TO THE REMEDY SET FORTH ABOVEIN NO EVENT WILL DENVER OUTFITTERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SALES).Disclaimer of WarrantiesExcept where expressly provided otherwise by Denver Outfitters, the Denver Outfitters service is provided “as is,” and is for use as contracted hereinExcept for the express warranties set forth herein, Denver Outfitters hereby disclaims all express or implied representations, warranties, guaranties, and conditions with regard to the Denver Outfitters service, products and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalidDenver Outfitters makes no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Denver Outfitters service and the goods, services associated with the Denver Outfitters service, or the results you may obtain by accessing or using the Denver Outfitters service and/or the goods, services associated therewith.Without limiting the generality of the foregoing, Denver Outfitters does not represent or warrant that (a) the operation or use of the Denver Outfitters service will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase or obtain through the Denver Outfitters service will meet your requirements; or (c) the goods, services, or the systems that make the Denver Outfitters service available are free of viruses or other harmful components.You acknowledge that Denver Outfitters does not control the transfer of data over communications facilities, including the internet, and that the Denver Outfitters service may be subject to limitations, delays, and other problems inherent in the use of such communications facilitiesDenver Outfitters is not responsible for any delays, delivery failures, or other damage resulting from such problemsExcept where expressly provided otherwise by Denver Outfitters, the Denver Outfitters service and the goods and services associated therewith are provided to you on an “as is” basisDenver Outfitters expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the Denver Outfitters service.You acknowledge that Denver Outfitters does not control the contents of or use of devices and products sold and is not liable for contents of [redacted] , Storage Boxes, or other products offered by Denver Outfitters.Proper use and operation of the Classic [redacted] Fly requires that it be locked whenever transporting any contents, including fishing rods and reels, inside the [redacted] ***.Liability DisclosureCustomer is responsible to insure that any roof rack to which he mounts the OverRoam Roof Top Tents, [redacted] or any other products from Denver Outfitters has a manufacturer’s load rating sufficient to safely accommodate the product.Miscellaneous ProvisionsThis Agreement represents the parties’ entire understanding relating to the use of the Denver Outfitters Service and supersedes any prior or contemporaneous, conflicting or additional, communicationsDenver Outfitters reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein.You should visit this page from time to time to review the then current Terms because they are bindingCertain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular portion of the Denver Outfitters Service, which may be posted from time to timeYour continued use of the Denver Outfitters Service after any such changes and/or postings shall constitute your consent to such changesIf any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.No joint venture, partnership, employment, or agency relationship exists between Denver Outfitters and you as a result of these Terms and Conditions of the Denver Outfitters ServiceYou may not assign this Agreement without the prior written approval of Denver OutfittersAny purported assignment in violation of this section shall be voidThe failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writingIn the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or disputeAny and all rights not expressly granted herein are reserved by Denver Outfitters.Order Terms and ConditionsThese Order Terms and Conditions (“Order Terms”) shall be construed in accordance with all other applicable terms and conditions that govern the relationship between Denver Outfitters and you, the purchaser.Limited WarrantyDenver Outfitters warrants the products sold through the Denver Outfitters Service against defects in materials and workmanship under use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (referred to as “Warranty Period”).So long as you are within this Warranty Period, if a defect arises, and you follow the instructions for returning the product, Denver Outfitters will, at its discretion, either (1) repair the product using either new or refurbished parts, (2) replace the product with a new or refurbished product, or (3) refund the purchase price of the productAny replacement may be, at the option of Denver Outfitters, a new or remanufactured product.If a product is replaced, the replacement product shall assume the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides you with longer coverageThis warranty applies only to hardware products manufactured by or for Denver Outfitters that can be identified by the “Denver Outfitters” trade name, or logo affixed to them and which are sold through the Denver Outfitters Service.This warranty does not apply: (i) to cosmetic damage, including but not limited to scratches, dents and chipped plastic; (ii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage or if the serial number has been removed; (iii) to damage caused by operating the product outside the permitted or intended uses described by Denver Outfitters; (iv) to any non-Denver Outfitters hardware products, even if packaged or sold with Denver Outfitters products(v) to damage caused by use with non-Denver Outfitters products.This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdictionDenver Outfitters’ responsibility for hardware defects is limited to repair or replacement service as determined by Denver Outfitters in its sole discretionAll express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose are limited in to the term of this limited warrantyNo warranties, whether express or implied, will apply after the expiration of the Limited Warranty periodSome jurisdictions do not allow limitations on long and implied warranty lastsSo this limitation may not apply to you.To obtain warranty service for any products that is subject to the foregoing warranty, you must notify Denver Outfitters via e-mail at [redacted] and return the defective product together with proof of purchase to the address specified by Denver Outfitters.You are responsible for shipment of the defective product to Denver OutfittersDenver Outfitters will pay for return shipping via Denver Outfitters choice of courier and shipping methodYou are responsible for a redirect or re-ship fee if your product is shipped to you and the address is invalid upon deliveryDenver Outfitters is not responsible for packages delivered to an outdated addressIf the product is returned to Denver Outfitters you will be responsible for additional shipping charges.Shipping and DeliveryDeliveries may be shipped from multiple locationsWhile Denver Outfitters strives to deliver all orders as quickly as possible, Denver Outfitters asks its customers to allow up to four weeks for delivery even though an order may be delivered in quicker timePlease contact Denver Outfitters’ customer service team at [redacted] .Denver Outfitters reserves the right to use any shipping method it deems necessaryDenver Outfitters strives to ensure that the ordered product reaches you, however please be aware that Denver Outfitters relies upon a third party for delivery services.A shipping and handling fee is applied to all ordersThe shipping and handling cost is a non-negotiable flat rate fee that if you choose an expedited shipping method at an additional cost, your order still has to process through fulfillmentThe expedited service starts at the time your package is shippedDenver Outfitters regrets that it cannot ship items to PO Box addresses.All applicable customs fees, taxes and duties are the sole responsibility of the customerDenver Outfitters cannot mark any package(s) as a “Gift” in order to avoid customs and duties feesPlease be aware that at times, customs agents may delay the delivery of some packages at their discretion.Also, please be aware that Denver Outfitters is not responsible for any delays or lost packages due to shipment.Terms of PurchaseDenver Outfitters currently accepts the following online methods of payment: ***, [redacted] , and other credit cards or payment systems offered by its payment processor of choiceDenver Outfitters will not process any credit card or payment information, but merely transmit to its trusted third partiesShould any personal information necessary to fulfil your order change after the time your order was placed (such as billing address, shipping address or phone number) it is your responsibility to contact Denver Outfitters with updated informationYour order confirmation will reflect the items ordered and the total amount to be charged.If your order is returned to Denver Outfitters due to being provided incorrect shipping information, you may be subject to a return shipment fee.Denver Outfitters is not responsible for any errors in any offer by Denver Outfitters resulting from any technical service malfunction and reserves the right to cancel any orders arising from such errors.AGREEMENT TO BINDING ARBITRATION AND WAIVER OF JURY TRIAL (“Arbitration Clause”)I agree that any dispute, grievance, or claim, no matter how described, pleaded, or styled, between Denver Outfitters, Inc(including its past or present employees, officers, directors, managers, owners, affiliates, successors or assigns; collectively “Denver Outfitters”) and me, including, but not limited to, any dispute relating to any aspect of my relationship with or any act or omission by Denver Outfitters, (“Claim”)Denver Outfitters and I irrevocably waive our rights to a trial by jury and agree instead to submit all Claims to binding, confidential, individual arbitration before a single, neutral arbitrator under the [redacted] **t (“***”) conducted by the [redacted] (“***”) under its Consumer Arbitration Rules (“ [redacted] Rules”) and in accordance with the [redacted] Consumer Due Process Protocol and the terms of this Terms and Conditions Agreement, including this Arbitration ClauseA copy of the applicable [redacted] Rules and forms may be obtained directly from the [redacted] at [redacted] Terms of ArbitrationExcept for the parties’ right to seek relief in a small claims court as provided for below, neither Denver Outfitters nor I shall file or maintain any lawsuit in any court against the other party, and agree that any suit filed in violation of this Arbitration Clause shall be dismissed by the court in favor of arbitrationThe party enforcing arbitration shall be awarded costs and fees of compelling arbitrationThe arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or effect of this Arbitration Clause, including matters of arbitrabilityThe arbitrator shall have the power to award any remedy that directly benefits the parties to this Terms and Conditions Agreement (provided the remedy would be available from a court under the law of the applicable jurisdiction) but not the power to award relief for the benefit of anyone not a party to this Terms and Conditions AgreementThe parties agree that if arbitration occurs, it shall be conducted at a location convenient to Denver Outfitters, unless the parties agree otherwise in writingDenver Outfitters and I retain our right to seek relief in a small claims court for any Claim within the scope of that court’s jurisdictionThe [redacted] (including all its procedural and substantive provisions) and related federal decisional law shall govern this Arbitration Clause to the fullest extent possibleI understand that if I initiate arbitration, I will be responsible for paying a portion of the [redacted] filing fee at the time the Claim is filed in an amount equal to $or the applicable filing fee of any court in the district in which I reside, whichever fee is lessThe parties shall bear their own costs and expenses associated with their attorneys, experts, and witnesses, unless the arbitrator determines otherwise in strict accordance with the applicable lawIf any part of the Terms and Conditions Agreement, including this Arbitration Clause, is found to be invalid or unenforceable, then the parties agree that such specific part or parts shall be of no force and effect and shall be severed, but the remainder of the Terms and Conditions, including this Arbitration Clause, shall continue in full force and effectI understand that the Arbitration Clause shall survive the termination of my relationship with Denver OutfittersDenver Outfitters and I agree that any dispute or claim Denver Outfitters or I may bring shall be brought solely in Denver Outfitters’ or my individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action, or consolidated action in federal, state or local court, arbitration, or otherwiseThe parties agree not to combine or consolidate their Claims with any other party, and agree that the arbitrator shall have no authority to join or consolidate claims by more than one personI understand that I may opt out of this single-case provision by delivering (via certified mail, return receipt) a written statement to that effect to the attention of the General Counsel, [redacted] ***, within days of first execution of this Terms and Conditions AgreementIf for any reason this class action/consolidation waiver is found to be unenforceable, any putative class action may only be heard in court on a non-jury basis and may not be arbitrated under this Arbitration ClauseNothing in this Terms and Conditions Agreement prohibits Denver Outfitters or me from filing a complaint with a governmental regulatory agencyThe arbitrator’s award shall be final and binding on the parties, but subject to review in accordance with the ***Judgment on any arbitration award may be entered in any court having jurisdictionExcept as specifically required by the law of the state in which this Terms and Conditions Agreement is executed, the fact of and all aspects of an arbitration and the underlying Claim shall remain strictly confidential by the parties, their representatives, the arbitrator, and the ***Denver Outfitters and I agree that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoinedThe Terms and Conditions Agreement, including this Arbitration Clause, shall not be modified except by written agreement signed by both partiesNotwithstanding, if the [redacted] requests the waiver of any provision in this Arbitration Clause in order for the Claim to remain before the [redacted] under the [redacted] Rules, such provision(s) may be waived unilaterally by the party against whom the Claim is asserted, but such waiver shall be in writing and executed by the party against whom the Claim is asserted (if the Claim is against Denver Outfitters, the waiver must be signed by the CEO or General Counsel) and specifically identify the provision or provisions being waivedAny such waiver shall not waive or affect any other portion of the Terms and Conditions Agreement.ACKNOWLEDGEMENT OF WAIVER OF JURY TRIALI ACKNOWLEDGE AND UNDERSTAND THAT I AM IRREVOCABLY WAIVING THE RIGHT TO GO TO COURT AND THE RIGHT TO TRIAL BY JURY, AND EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT MY RIGHTS AND REMEDIES WILL BE DETERMINED BY AN ARBITRATOR AND NOT BY A JUDGE OR JURYI UNDERSTAND THAT A DETERMINATION BY AN ARBITRATOR IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT

Despite [redacted] ’s libelous claims, by his own stated definition a Ponzi scheme is an “investment” fraud -- yet no investment opportunity, or “returns” have been made, claimed, advertised or otherwise represented by [redacted] If [redacted] was looking for an “investment”, whether Ponzi or otherwise, preordering a Rod Vault would have been a curious way to go about making an “investment.” In addition, [redacted] ’s money was refunded to him over a week ago

All customers, including [redacted] , are required to familiarize themselves with our "terms" section, clearly displayed on our website, before being allowed to place their order [redacted] agreed to the terms which also outline our refund policy All requested refunds are made consistent with our stated policies

Complaint: [redacted] I am rejecting this response because: [redacted] is quite aware of what a Ponzi scheme is. According to the US Securities and Exchange Commission : A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. Ponzi scheme organizers often solicit new investors by promising to invest funds in opportunities claimed to generate high returns with little or no risk. In many Ponzi schemes, the fraudsters focus on attracting new money to make promised payments to earlier-stage investors to create the false appearance that investors are profiting from a legitimate business. Substitue "purchasers" for "investors" and you have a Ponzi. You guys at [redacted] are operating fraudulently and the ratings on Yelp and the BBB websites confirm that. Either refund my money or deliver the product.Sincerely, [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Sincerely,
*** ***

*** *** did, in fact, preorder a Rod Vault from us on 5/25/17. At the time he placed his order he was informed that it was a "preorder" and we
explained to *** *** prior to his placing the order that a "preorder" meant that the order would be paid for at the time it was placed with the understanding that he would not receive it until a later date, and that in exchange for that prepayment he would, and did, receive a 40% discount off of the regular price. He was also informed prior to placing his preorder that the group of which his preorder was part, Round 4, would begin shipping on Aug31st. Round did begin shipping, not manufacturing, on Aug31st. Many Round Rod Vaults have gone out already, more go out each day, but as there are many preorders in the Round, they can not all be filled in a single day. *** *** subsequently decided to cancel his preorder and requested a refund. He was reminded of the Refund Policy in our “terms,” to which he had also agreed prior to placing his preorder. His preorder has been fully refunded, consistent with the Refund Policy as stated in the “terms” on our website

Mr***’s money was refunded to him in a manner which was consistent with the “terms” to which Mr*** agreed prior to placing his preorder. That refund was actually made several days prior to Mr***’s last comment requesting a refund

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

Despite [redacted]’s libelous claims, by his own stated definition a Ponzi scheme is an “investment” fraud -- yet no investment opportunity, or “returns” have been made, claimed, advertised or otherwise represented by [redacted].  If [redacted] was looking for an “investment”, whether Ponzi or otherwise, preordering a Rod Vault would have been a curious way to go about making an “investment.”  In addition, [redacted]’s money was refunded to him over a week ago.

Complaint: [redacted]
I am rejecting this response because:[redacted] is quite aware of what a Ponzi scheme is.  According to the US Securities and Exchange Commission : A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. Ponzi scheme organizers often solicit new investors by promising to invest funds in opportunities claimed to generate high returns with little or no risk. In many Ponzi schemes, the fraudsters focus on attracting new money to make promised payments to earlier-stage investors to create the false appearance that investors are profiting from a legitimate business.
Substitue "purchasers" for "investors"  and you have a Ponzi.  You guys at [redacted] are operating fraudulently and the ratings on Yelp and the Revdex.com websites confirm that.  Either refund my money or deliver the product.Sincerely,
[redacted]

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; line-height: 15.0px; font: 12.0px Verdana; -webkit-text-stroke: #000000} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; line-height: 15.0px; font: 12.0px Verdana; -webkit-text-stroke: #000000; min-height: 15.0px} span.s1 {font-kerning: none} Mr. [redacted] did preorder a...

Rod Vault from us on the date indicated.  As with all customers, before being allowed to place his preorder, Mr. [redacted] was required to review and agree to the “terms” clearly stated on our website which include an explanation that it is a PREorder, meaning it is paid for at the time the order is placed with the understanding that 1) it will not ship/be available till a later date, and 2) availability dates are projected, not guaranteed.  In return for PREordering with that understanding, Mr. [redacted], like all customers, was given a huge 40% discount, purchasing the $499 Rod Vault for just $299 — the lowest price we have ever offered. Despite that explanation, Mr. [redacted] chose to cancel his preorder and his preorder was refunded, also in accordance with the terms to which he agreed.

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; line-height: 15.0px; font: 12.0px Verdana; -webkit-text-stroke: #000000} span.s1 {font-kerning: none} [redacted]’s wife, [redacted], PREordered a Rod Vault from us on December 8th, 2016.  There was no tax charged.  The total, including shipping, was...

$364.99.  As the actual customer was [redacted], rather than [redacted], our communication was with [redacted], not [redacted].  This may have caused some confusion for [redacted].  The item was shipped from our facility, by [redacted], on 6/30/17 and was delivered, according to the [redacted] tracking site, to the [redacted] home on 7/6/17 @ 1:25pm.Tell us why here...

While [redacted]'s use of the term "Ponzi scheme" is quite perjurious, in reality [redacted] has never even canceled his preorder nor requested a refund.  If he chooses to do so, we will process his cancelation and refund in keeping with the "terms," clearly displayed on our website, to which...

[redacted] agreed at the time he placed his preorder.

Complaint: [redacted]
I am rejecting this response because: I never received this email. I was handed a printed copy of it on April 5 when I attempted to pick up my [redacted] at their facility, 5 days after it was supposed to be ready. 
Sincerely,
[redacted]

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px Helvetica; -webkit-text-stroke: #000000} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px Helvetica; -webkit-text-stroke: #000000; min-height: 14.0px} span.s1 {font-kerning: none} Ms. [redacted] is correct in that she preordered a Rod Vault on...

5/19/17.  At that time she reviewed and agreed to the “terms” which state in part that preordered products are in fact PREordered, which includes the fact that availability dates are projected but not guaranteed as there are several factors which can cause delays. Ms. [redacted] subsequently canceled her preorder and her money was refunded to her, also in accordance with the terms to which she had agreed. While Ms. [redacted] voicemails and emails were in fact returned, we accept her criticism that we are sometimes difficult to get hold of.  We certainly DO at times fall short of our goal and desire to fully communicate with our customers.  In a rapidly growing business there is always more to do than there is time or personnel to accomplish.  Sometimes our customer communication suffers.  We apologize. We’re working on it to try to improve.

We contacted [redacted] by email on April 3rd and informed him of the following" "At Denver Outfitters we are committed to bringing the production of [redacted] back to [redacted] -- and have made significant progress toward accomplishing that goal.  We believe this is crucial for two reasons.  One is the ‘insourcing” of jobs to [redacted] that had been outsourced overseas by the previous owners.  But another is that we have found that the quality of components provided by overseas suppliers is often “uneven” at best.  A recent, and unfortunate, example is that the last components shipment that we just received had a substantial number of parts which were substandard.  (See photo)  These components were intended to be assembled into your [redacted]. We suspect the supplier, knowing the delivery projections we had made to our customers, figured we’d just have to accept them.  He was woefully mistaken!  We made clear to him that we are unwilling to deliver substandard [redacted] to our customers.  After much discussion, and a good deal of “grumbling,” the supplier agreed to re-make those bad parts - but that unfortunately is now causing delays in when Round 2 [redacted] will be available. This experience has also convinced us all the more that it is essential that we bring the manufacturing of our component parts back from overseas as well so that we have control over both the quality and the timing of our component parts production. So while at one point we were running about 9 months behind, we have caught up substantially -- but as a result of having to require the supplier to remake those parts, we’re now running about 60 to 90 days behind, and rather than the originally projected April for Round 2 preorders to start shipping, it will likely be some time in June. We know the delays are disappointing and frustrating - be assured they are for us as well, and yet we have been so encouraged as we have found that overwhelmingly our customers are wonderful, understanding people who appreciate what we have done and are doing--rescued a company with a great product that was nevertheless headed for bankruptcy, reduced prices to customers, become a “teaching business”--like a teaching hospital--to teach young people how to become entrepreneurs, and brought jobs back from overseas. I’ll be calling you soon to give you further details, but I wanted to let you know, on behalf of all the folks who work here, just how much we appreciate you as our customer and how grateful we are for your patience and understanding, and how hard everyone is working to get your [redacted] to you just as quickly as we can.  [redacted]
[redacted]
[redacted]

We contacted [redacted] by email on April 3rd and informed him of the delay.  Here’s a copy of that email:   “At Denver Outfitters we are committed to bringing the production of [redacted] back to [redacted] -- and have made significant progress toward accomplishing that goal.  We...

believe this is crucial for two reasons.  One is the ‘insourcing” of jobs to [redacted] that had been outsourced overseas by the previous owners.  But another is that we have found that the quality of components provided by overseas suppliers is often “uneven” at best.  A recent, and unfortunate, example is that the last components shipment that we just received had a substantial number of parts which were substandard.  (See photo)  These components were intended to be assembled into your [redacted]. We suspect the supplier, knowing the delivery projections we had made to our customers, figured we’d just have to accept them.  He was woefully mistaken!  We made clear to him that we are unwilling to deliver substandard [redacted] to our customers.  After much discussion, and a good deal of “grumbling,” the supplier agreed to re-make those bad parts - but that unfortunately is now causing delays in when Round 2 [redacted] will be available. This experience has also convinced us all the more that it is essential that we bring the manufacturing of our component parts back from overseas as well so that we have control over both the quality and the timing of our component parts production. So while at one point we were running about 9 months behind, we have caught up substantially -- but as a result of having to require the supplier to remake those parts, we’re now running about 60 to 90 days behind, and rather than the originally projected April for Round 2 preorders to start shipping, it will likely be some time in June. We know the delays are disappointing and frustrating - be assured they are for us as well, and yet we have been so encouraged as we have found that overwhelmingly our customers are wonderful, understanding people who appreciate what we have done and are doing--rescued a company with a great product that was nevertheless headed for bankruptcy, reduced prices to customers, become a “teaching business”--like a teaching hospital--to teach young people how to become entrepreneurs, and brought jobs back from overseas. I’ll be calling you soon to give you further details, but I wanted to let you know, on behalf of all the folks who work here, just how much we appreciate you as our customer and how grateful we are for your patience and understanding, and how hard everyone is working to get your [redacted] to you just as quickly as we can.  [redacted]
[redacted]
[redacted] In addition, [redacted] came to our offices on April 5th and our [redacted], spoke with him personally and reiterated the above information. At the time [redacted] placed his preorder our “terms and conditions,” which were disclosed to him BEFORE he placed his order, and which are available on our website, stated:  “Denver Outfitters reserves the right to make changes to any products or service offered on all of its websites and mobile applications, or to the applicable prices or projected shipping dates for any such products or services, at any time, without notice.” Furthermore, when [redacted] contacted us yesterday his contact WAS answered and responded to through our online Live Chat ticket system.  That ticket indicates as follows: [redacted] Message: Checking on the status of my [redacted] order from January 9. Just tried calling and live chat during normal business hours. What's going on with company!?![redacted]
[redacted]
[redacted] We’re a manufacturing facility, not a retail store. We get hundreds of calls every day, and do not always have someone who can answer every call as it comes in. You came in and I spoke with you on April 5th. At that time I told you that Round 2, of which your order is at the end, had been delayed and would BEGIN shipping sometime in June with orders being filled in the sequence in which they had been placed. There has been no change in that projection since we spoke last month. [redacted] did not reply further, ask additional questions, or request any additional information. Our Terms and Conditions are reproduced below:   Terms And Conditions Please read carefully the following provisions of these Terms of Sale (“Terms”). This is a legal agreement between you and Denver Outfitters inc., a [redacted] corporation (“Denver Outfitters”) regarding the purchase of Denver Outfitters products through its online and/or mobile services or website. By using the services for purchase, you acknowledge that you have READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS, and comply with the Privacy Policy.In its discretion Denver Outfitters reserves the right to add, remove or modify the Terms and Conditions at any time. It is your responsibility to regularly check the Terms and Conditions in the event of any changes.Through the use of websites and mobile applications, Denver Outfitters will offer and make available in its sole discretion its products and services, herein referred to as the Denver Outfitters Service, to the general public.GeneralDenver Outfitters strives to ensure, but does not guarantee, the information provided on its online services, including, but not limited to, web and mobile based services, is complete, accurate and up to date. As such, Denver Outfitters make no representation as to the completeness and/or accuracy of any information on its online services.All features, content, specifications, products, colours and prices of products and services described or depicted through Denver Outfitters’ online services are subject to change at any time without individual or advanced notice. Denver Outfitters will make all reasonable efforts to accurately display the attributes of its products, including the applicable designs.Receipt of an email order confirmation does not constitute Denver Outfitters’ acceptance of an order or confirmation of an offer to sell a product or service. Denver Outfitters reserves the right, without prior notice and in its sole discretion, to limit the order quantity of any product or service, to refuse the service to any customer and/or to refuse access to Denver Outfitters online services by any customer. Denver Outfitters may require verification of information (such as payment information) prior to the acceptance and/or shipment of any order.Print and Canvas policies:*Please note that due to computer monitor color settings, the canvas may look slightly different than the colors your computer displayed. We print the canvasses true to the photograph/artists specifications*Each canvass is printed to order, so please allow 7-10 business days before the item ships.The workmanship of the canvass is guaranteed. You have 15 days to take a digital photo of any blemishes or damage to the canvass and send it to [redacted] in order to discuss a replacement. Of course the vast majority of prints arrive to customers with no issues. And we have a 100% customer satisfaction record and will do everything in our power to always make things right with our customers!Canvas Return Policy: Shipping is non-refundable. If you are unhappy with your canvass you are responsible for the safe shipment of the item back to Denver Outfitters. The item must be returned undamaged or a penalty fee will be charged to the return and deducted from the refund.Refund Policy for new, unused products (unless otherwise specified)) A refund may be requested by a customer within 30 (30) days of shipping the order(s). A refund may be requested by notifying Denver Outfitters at [redacted]>. Denver Outfitters is not responsible for any additional charges that may be incurred during the refunding process. Any refunds, if paid, are exclusive of interest. Please note that processing a refund may involve the services of a third party. Denver Outfitters will refund customers within a reasonable amount of time, pursuant to any Terms and Conditions Denver Outfitters is subject to with any such third party. Denver Outfitters will not provide a refund for a return of a product if the request does not comply with the requirements specified herein.We guarantee your total satisfaction and to ensure this we offer a  superior returns policy. New, unused products (unless otherwise specified) can be returned for a full refund minus a restocking fee and promotional costs if returned within 30 days of an order.•New, unused products (unless otherwise specified) must be returned in the condition you received it and with the original box and/or packaging, including manufacturer tags where applicable.•We will not accept the return of products damaged due to negligence or abuse.•Shipping and or re-boxing fees will not be refunded.• All Return Shipping and or re-boxing costs are the responsibility of the customer.Funds can take 30-45 days to be returned to you after processing your return.Send us an email or LiveChat with a support agent at the bottom of the website for more information about returns.Refunds and returns are NOT available for used, refurbished, or any other non-new products.CancellationAt its discretion, Denver Outfitters may cancel a customer reservation at any time. Such customer will receive a full refund of the Purchase Price exclusive of interest, and may receive a refund exclusive of any taxes and governmental charges.Purchases by CustomersAdditional terms and conditions may apply to purchases of services or goods and to specific portions or features of the Denver Outfitters’ Website and other online and mobile services, including contests, promotions or other similar features, all of which terms are made a part of these Terms by 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 and the terms posted for or applicable to a specific portion of Denver Outfitters online services or for any service offered on or through said services, the latter terms shall control with respect to your use of that portion of online services or the specific service.Denver Outfitters reserves the right to make changes to any products or service offered on all of its websites and mobile applications, or to the applicable prices or projected shipping dates for any such products or services, at any time, without notice. The materials on the Denver Outfitters Service with respect to products and services may be out of date and therefore Denver Outfitters makes no commitment to update the materials on the Denver Outfitters Service with respect to such products and services.Pre-Orders may be placed for Denver Outfitters products and services in accordance with these terms & conditions.Billing and PaymentTo the extent that you purchase any services and/or goods from Denver Outfitters, you agree to pay for all services and goods ordered from Denver Outfitters, except as set forth in writing signed by an authorized representative of Denver Outfitters.You will be expected to provide Denver Outfitters with a valid and updated credit card or approved purchase order information and with accurate billing and contact information. By providing credit card or other authorized payment method information to Denver Outfitters, you authorize Denver Outfitters, or a credit card processor of its choosing to bill such credit card or to make such changes as applicable. If Denver Outfitters, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Denver Outfitters will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced here under shall be due within thirty (30) days of the date of the invoice.Product WarrantyDenver Outfitters warrants the Classic [redacted] Fly, to the original purchaser, against defects in materials or workmanship for a period of one year from the date of purchase. The warranty terminates if the product’s owner fails to present this Term of Warranty when requesting repairing services from Denver Outfitters under the terms provided herein.Subject to Denver Outfitters’ inspection of the product, Denver Outfitters will remedy defects in materials and/or workmanship by repairing or replacing, at Denver Outfitters’ option, the defective product without charge for parts or labor, subject to the limitations and exclusions described in this warranty. Denver Outfitters may elect, at its option, not to repair or replace a defective product, in which case Denver Outfitters will issue to the original retail purchaser, at Denver Outfitters’ option, either a refund equal to the purchase price paid for the product, or a credit to be used toward the purchase of new Denver Outfitters products.This Denver Outfitters warranty coverage does not, under any circumstances, cover any damage to non-Denver Outfitters products used in conjunction with Denver Outfitters products.This warranty does not cover problems caused by normal wear and tear (including, but not limited to, scratches, dents, tears, or aesthetic oxidation of surfaces, or natural breakdown of colors and materials over extended time and use), commercial use, accidents, unlawful vehicle operation, or modifications or repairs not performed or authorized by Denver Outfitters. In addition, this warranty does not cover problems resulting from conditions beyond Denver Outfitters’ control including, but not limited to, theft, misuse, overloading, or failure to assemble, mount or use the product in accordance with Denver Outfitters’ written instructions or guidelines included with the product or made available to the original purchaser.In the event that the product needs to be returned, purchaser will be responsible for mailing the product to Denver Outfitters, with proof of purchase in the form of an original purchase invoice or receipt, and with a detailed description of the defect.This warranty terminates when the original retail purchaser sells or otherwise transfers the product to any other person.LIMITATION OF LIABILITY:REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT, OR THE ISSUANCE OF A REFUND OR CREDIT (AS DETERMINED BY DENVER OUTFITTERS), IS THE ORIGINAL RETAIL PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY. DAMAGE OR INJURY TO THE ORIGINAL RETAIL PURCHASER, TO HIS OR HER VEHICLE, CARGO, OR PROPERTY, AND/OR TO ANY OTHER PERSON OR PROPERTY IS NOT COVERED BY THIS WARRANTY. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER EXPRESS WARRANTIES, WHETHER ORAL OR WRITTEN.DENVER OUTFITTERS’ SOLE LIABILITY IS LIMITED TO THE REMEDY SET FORTH ABOVE. IN NO EVENT WILL DENVER OUTFITTERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SALES).Disclaimer of WarrantiesExcept where expressly provided otherwise by Denver Outfitters, the Denver Outfitters service is provided “as is,” and is for use as contracted herein. Except for the express warranties set forth herein, Denver Outfitters hereby disclaims all express or implied representations, warranties, guaranties, and conditions with regard to the Denver Outfitters service, products and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. Denver Outfitters makes no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Denver Outfitters service and the goods, services associated with the Denver Outfitters service, or the results you may obtain by accessing or using the Denver Outfitters service and/or the goods, services associated therewith.Without limiting the generality of the foregoing, Denver Outfitters does not represent or warrant that (a) the operation or use of the Denver Outfitters service will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase or obtain through the Denver Outfitters service will meet your requirements; or (c) the goods, services, or the systems that make the Denver Outfitters service available are free of viruses or other harmful components.You acknowledge that Denver Outfitters does not control the transfer of data over communications facilities, including the internet, and that the Denver Outfitters service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Denver Outfitters is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by Denver Outfitters, the Denver Outfitters service and the goods and services associated therewith are provided to you on an “as is” basis. Denver Outfitters expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the Denver Outfitters service.You acknowledge that Denver Outfitters does not control the contents of or use of devices and products sold and is not liable for contents of [redacted], Storage Boxes, or other products offered by Denver Outfitters.Proper use and operation of the Classic [redacted] Fly requires that it be locked whenever transporting any contents, including fishing rods and reels, inside the [redacted].Liability DisclosureCustomer is responsible to insure that any roof rack to which he mounts the OverRoam Roof Top Tents, [redacted] or any other products from Denver Outfitters has a manufacturer’s load rating sufficient to safely accommodate the product.Miscellaneous ProvisionsThis Agreement represents the parties’ entire understanding relating to the use of the Denver Outfitters Service and supersedes any prior or contemporaneous, conflicting or additional, communications. Denver Outfitters reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein.You should visit this page from time to time to review the then current Terms because they are binding. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular portion of the Denver Outfitters Service, which may be posted from time to time. Your continued use of the Denver Outfitters Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.No joint venture, partnership, employment, or agency relationship exists between Denver Outfitters and you as a result of these Terms and Conditions of the Denver Outfitters Service. You may not assign this Agreement without the prior written approval of Denver Outfitters. Any purported assignment in violation of this section shall be void. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Denver Outfitters.Order Terms and ConditionsThese Order Terms and Conditions (“Order Terms”) shall be construed in accordance with all other applicable terms and conditions that govern the relationship between Denver Outfitters and you, the purchaser.Limited WarrantyDenver Outfitters warrants the products sold through the Denver Outfitters Service against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (referred to as “Warranty Period”).So long as you are within this Warranty Period, if a defect arises, and you follow the instructions for returning the product, Denver Outfitters will, at its discretion, either (1) repair the product using either new or refurbished parts, (2) replace the product with a new or refurbished product, or (3) refund the purchase price of the product. Any replacement may be, at the option of Denver Outfitters, a new or remanufactured product.If a product is replaced, the replacement product shall assume the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides you with longer coverage. This warranty applies only to hardware products manufactured by or for Denver Outfitters that can be identified by the “Denver Outfitters” trade name, or logo affixed to them and which are sold through the Denver Outfitters Service.This warranty does not apply: (i) to cosmetic damage, including but not limited to scratches, dents and chipped plastic; (ii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage or if the serial number has been removed; (iii) to damage caused by operating the product outside the permitted or intended uses described by Denver Outfitters; (iv) to any non-Denver Outfitters hardware products, even if packaged or sold with Denver Outfitters products. (v) to damage caused by use with non-Denver Outfitters products.This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Denver Outfitters’ responsibility for hardware defects is limited to repair or replacement service as determined by Denver Outfitters in its sole discretion. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose are limited in to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the Limited Warranty period. Some jurisdictions do not allow limitations on long and implied warranty lasts. So this limitation may not apply to you.To obtain warranty service for any products that is subject to the foregoing warranty, you must notify Denver Outfitters via e-mail at [redacted] and return the defective product together with proof of purchase to the address specified by Denver Outfitters.You are responsible for shipment of the defective product to Denver Outfitters. Denver Outfitters will pay for return shipping via Denver Outfitters choice of courier and shipping method. You are responsible for a redirect or re-ship fee if your product is shipped to you and the address is invalid upon delivery. Denver Outfitters is not responsible for packages delivered to an outdated address. If the product is returned to Denver Outfitters you will be responsible for additional shipping charges.Shipping and DeliveryDeliveries may be shipped from multiple locations. While Denver Outfitters strives to deliver all orders as quickly as possible, Denver Outfitters asks its customers to allow up to four weeks for delivery even though an order may be delivered in quicker time. Please contact Denver Outfitters’ customer service team at [redacted].Denver Outfitters reserves the right to use any shipping method it deems necessary. Denver Outfitters strives to ensure that the ordered product reaches you, however please be aware that Denver Outfitters relies upon a third party for delivery services.A shipping and handling fee is applied to all orders. The shipping and handling cost is a non-negotiable flat rate fee that if you choose an expedited shipping method at an additional cost, your order still has to process through fulfillment. The expedited service starts at the time your package is shipped. Denver Outfitters regrets that it cannot ship items to PO Box addresses.All applicable customs fees, taxes and duties are the sole responsibility of the customer. Denver Outfitters cannot mark any package(s) as a “Gift” in order to avoid customs and duties fees. Please be aware that at times, customs agents may delay the delivery of some packages at their discretion.Also, please be aware that Denver Outfitters is not responsible for any delays or lost packages due to shipment.Terms of PurchaseDenver Outfitters currently accepts the following online methods of payment: [redacted], [redacted], and other credit cards or payment systems offered by its payment processor of choice. Denver Outfitters will not process any credit card or payment information, but merely transmit to its trusted third parties. Should any personal information necessary to fulfil your order change after the time your order was placed (such as billing address, shipping address or phone number) it is your responsibility to contact Denver Outfitters with updated information. Your order confirmation will reflect the items ordered and the total amount to be charged.If your order is returned to Denver Outfitters due to being provided incorrect shipping information, you may be subject to a return shipment fee.Denver Outfitters is not responsible for any errors in any offer by Denver Outfitters resulting from any technical service malfunction and reserves the right to cancel any orders arising from such errors.AGREEMENT TO BINDING ARBITRATION AND WAIVER OF JURY TRIAL (“Arbitration Clause”). I agree that any dispute, grievance, or claim, no matter how described, pleaded, or styled, between Denver Outfitters, Inc. (including its past or present employees, officers, directors, managers, owners, affiliates, successors or assigns; collectively “Denver Outfitters”) and me, including, but not limited to, any dispute relating to any aspect of my relationship with or any act or omission by Denver Outfitters, (“Claim”). Denver Outfitters and I irrevocably waive our rights to a trial by jury and agree instead to submit all Claims to binding, confidential, individual arbitration before a single, neutral arbitrator under the [redacted]t (“[redacted]”) conducted by the [redacted] (“[redacted]”) under its Consumer Arbitration Rules (“[redacted] Rules”) and in accordance with the [redacted] Consumer Due Process Protocol and the terms of this Terms and Conditions Agreement, including this Arbitration Clause. A copy of the applicable [redacted] Rules and forms may be obtained directly from the [redacted] at [redacted]Terms of Arbitration1. Except for the parties’ right to seek relief in a small claims court as provided for below, neither Denver Outfitters nor I shall file or maintain any lawsuit in any court against the other party, and agree that any suit filed in violation of this Arbitration Clause shall be dismissed by the court in favor of arbitration. The party enforcing arbitration shall be awarded costs and fees of compelling arbitration. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or effect of this Arbitration Clause, including matters of arbitrability. The arbitrator shall have the power to award any remedy that directly benefits the parties to this Terms and Conditions Agreement (provided the remedy would be available from a court under the law of the applicable jurisdiction) but not the power to award relief for the benefit of anyone not a party to this Terms and Conditions Agreement.2. The parties agree that if arbitration occurs, it shall be conducted at a location convenient to Denver Outfitters, unless the parties agree otherwise in writing. Denver Outfitters and I retain our right to seek relief in a small claims court for any Claim within the scope of that court’s jurisdiction. The [redacted] (including all its procedural and substantive provisions) and related federal decisional law shall govern this Arbitration Clause to the fullest extent possible.3. I understand that if I initiate arbitration, I will be responsible for paying a portion of the [redacted] filing fee at the time the Claim is filed in an amount equal to $200 or the applicable filing fee of any court in the district in which I reside, whichever fee is less. The parties shall bear their own costs and expenses associated with their attorneys, experts, and witnesses, unless the arbitrator determines otherwise in strict accordance with the applicable law.4. If any part of the Terms and Conditions Agreement, including this Arbitration Clause, is found to be invalid or unenforceable, then the parties agree that such specific part or parts shall be of no force and effect and shall be severed, but the remainder of the Terms and Conditions, including this Arbitration Clause, shall continue in full force and effect. I understand that the Arbitration Clause shall survive the termination of my relationship with Denver Outfitters.5. Denver Outfitters and I agree that any dispute or claim Denver Outfitters or I may bring shall be brought solely in Denver Outfitters’ or my individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action, or consolidated action in federal, state or local court, arbitration, or otherwise. The parties agree not to combine or consolidate their Claims with any other party, and agree that the arbitrator shall have no authority to join or consolidate claims by more than one person. I understand that I may opt out of this single-case provision by delivering (via certified mail, return receipt) a written statement to that effect to the attention of the General Counsel, [redacted], within 30 days of first execution of this Terms and Conditions Agreement. If for any reason this class action/consolidation waiver is found to be unenforceable, any putative class action may only be heard in court on a non-jury basis and may not be arbitrated under this Arbitration Clause.6. Nothing in this Terms and Conditions Agreement prohibits Denver Outfitters or me from filing a complaint with a governmental regulatory agency. The arbitrator’s award shall be final and binding on the parties, but subject to review in accordance with the [redacted]. Judgment on any arbitration award may be entered in any court having jurisdiction.7. Except as specifically required by the law of the state in which this Terms and Conditions Agreement is executed, the fact of and all aspects of an arbitration and the underlying Claim shall remain strictly confidential by the parties, their representatives, the arbitrator, and the [redacted]. Denver Outfitters and I agree that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoined.8. The Terms and Conditions Agreement, including this Arbitration Clause, shall not be modified except by written agreement signed by both parties. Notwithstanding, if the [redacted] requests the waiver of any provision in this Arbitration Clause in order for the Claim to remain before the [redacted] under the [redacted] Rules, such provision(s) may be waived unilaterally by the party against whom the Claim is asserted, but such waiver shall be in writing and executed by the party against whom the Claim is asserted (if the Claim is against Denver Outfitters, the waiver must be signed by the CEO or General Counsel) and specifically identify the provision or provisions being waived. Any such waiver shall not waive or affect any other portion of the Terms and Conditions Agreement.ACKNOWLEDGEMENT OF WAIVER OF JURY TRIALI ACKNOWLEDGE AND UNDERSTAND THAT I AM IRREVOCABLY WAIVING THE RIGHT TO GO TO COURT AND THE RIGHT TO TRIAL BY JURY, AND EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT MY RIGHTS AND REMEDIES WILL BE DETERMINED BY AN ARBITRATOR AND NOT BY A JUDGE OR JURY. I UNDERSTAND THAT A DETERMINATION BY AN ARBITRATOR IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT.