Terms of Service

These Terms govern your access to and use of Gnarlysacs.com as well as all content and products and services (for example, ecommerce services) available at or though this website (collectively, “Services”). For some of Gnarlysacs.com’s services, such as e-Commerce, additional Terms of Service may apply. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Gnarlysacs.com’s Privacy Policy), and procedures that may be published from time to time by Gnarlysacs.com (collectively, the “Agreement”). Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your Agreement is with Gnarly Sacs. If you reside outside of the “Designated Countries,” your Agreement is with Gnarly Sacs. We refer to Gnarly Sacs. and Gnarlysacs.com. collectively as “Gnarly Sacs” or “we” throughout these Terms.

2. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

3. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Gnarlysacs.com or our other Services. For example:

• We do not have any control over those websites and are not responsible for their contents or their use.
• The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
• You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We disclaim any responsibility for any harm resulting from non-Gnarly Sacs websites.

4. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Gnarly Sacs product or service violates your copyright, please notify us in accordance with the US Digital Millennium Copyright Act (“DMCA”). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. For more information on filing a takedown notice go here. E-mail notices to Gnarlysacs@gmail.com.

5. Intellectual Property

The Agreement does not transfer from Gnarly Sacs to you any Gnarly Sacs or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Gnarly Sacs the logo, and all other trademarks, service marks, graphics, and logos used in connection with Gnarlysacs.com or our Services, are trademarks or registered trademarks of Gnarly Sacs. Other trademarks, service marks, graphics, and logos appearing on Gnarlysacs.com may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Gnarly Sacs or third party trademarks.

6. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Gnarly Sacs, or by the posting by Gnarly Sacs of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.

8. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

9. Limitation of Liability

In no event will Gnarly Sacs, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gnarly Sacs under the Agreement during the twelve (12) month period prior to the cause of action. Gnarly Sacs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. Indemnification

You agree to indemnify and hold harmless Gnarly Sacs, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, and any ecommerce activities.

11. US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

12. Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

13. Miscellaneous

The Agreement constitutes the entire agreement between Gnarly Sacs and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gnarly Sacs may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

14. Attribution

These terms were adapted from a shared template created by the good people at wordpress.com.