Columbia Sportswear Company, together with its subsidiaries and affiliates (“Columbia”), provides you access and use of its websites and mobile applications (collectively, the “Sites”) and permits you to place orders subject to your compliance with these terms and conditions of use (these “Site Terms”). BY CREATING AN ACCOUNT, PLACING AN ORDER, OR ACCESSING OR USING THE SITES, OR OTHERWISE AGREEING TO THE TERMS, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITES OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU MAY NOT USE THE SITES.
These Site Terms apply to your access to, and use of, the Sites. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Columbia for products, services or otherwise. The Terms of Sale also apply to any orders you submit to Columbia. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Columbia for violations of these Site Terms.
If Columbia offers any rewards, contests, sweepstakes, program, or other offers or promotions on the Site, you agree to any additional posted terms, conditions, rules, or guidelines, which are hereby incorporated by reference into these Site Terms.
Columbia reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites and shall apply to all use of the Sites and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Site Terms, your license to use the Sites will terminate and any further use will be unauthorized, so you must stop using the Sites.
If you have any question regarding the use of the Sites, please refer first to the Help Center on the Sites or the Frequently Asked Questions. All other questions or comments about the Sites or their contents should be directed to Columbia via the contact us form.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
- Name of Agent Designated to Receive Notification of Claimed Infringement: John C. Motley
- Full Address of Designated Agent to Which Notification Should be Sent: 14375 NW Science Park Drive, Portland, OR 97229
- Telephone Number of Designated Agent: 503-985-4000
- Facsimile Number of Designated Agent: 503-985-5012
- E-Mail Address of Designated Agent: [email protected]
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Columbia may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
Columbia makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Columbia and Columbia is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Columbia provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Columbia of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
The Sites may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas") in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that you know or have reason to know is inaccurate, untruthful or
- User Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability or
violate any local, state, national or international law
- User Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. By posting any User Content, you
represent and warrant that you have the lawful right to distribute and reproduce such
- User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that, in the sole judgment of Columbia, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Columbia or its users to any harm or liability of any type.
Columbia takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Columbia liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. However, the foregoing shall not apply to the extent that any loss or damage is the result of Columbia’s own negligence, fraud, willful injury or willful violation of law.
Use the Sites or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
Harvest or collect email addresses or other contact information of other users from the Sites or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites and/or Interactive Areas or to extract data;
Use automated scripts to collect information from or otherwise interact with the Sites or Interactive Areas;
Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
Provide incomplete, false, or inaccurate biographical or other information for purposes of registering as a user, creating an account, placing an order or participating in any program or promotion;
Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;
Use the Sites or your account for a commercial purpose;
Violate any local, state, national or international law;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another's account without authorization from Columbia;
Attempt to circumvent any content filtering techniques Columbia may employ;
Attempt to access any service or area of the Sites (including, without limitation, any Interactive Areas) that you are not authorized to access; or
Engage in any harassing, intimidating, predatory or stalking conduct.
Columbia is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is Columbia responsible or liable for any loss, damage, injury, or harm associated therewith. However, the foregoing shall not apply to the extent that any loss or damage is the result of Columbia’s own negligence, fraud, willful injury or willful violation of law.
Although Columbia has no obligation to monitor any user conduct on the Sites or in any Interactive Area, Columbia reserves the right, and has absolute discretion, to monitor any user conduct on the Sites at any time and for any reason without notice. Columbia does not approve or endorse any user-posted meetings or events referenced on the Sites, and Columbia recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. You use of the Sites is at your own risk. Any use of the Sites in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
Press Releases. The information contained within press releases issued by Columbia should not be deemed accurate or current except as of the date the release was posted. Columbia has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Columbia may provide links to third-party Web sites or services that contain financial or investment information about Columbia. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Columbia neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Columbia does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Columbia makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
COLUMBIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE COLUMBIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, COLUMBIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Columbia reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Columbia.
THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF COLUMBIA’S OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
Any action not required to be arbitrated in accordance with Section 19 of these Site Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. Any dispute arising from or related to these Site Terms, your use of the Sites, Columbia products, Columbia Services, or any aspect of the relationship between you and Columbia as relates to these Site Terms shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions and regardless of where you access the Sites.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
- Arbitration Procedure. For any dispute or claim that you have against Columbia, that Columbia has against you or that you have, or Columbia has, in each case arising from, relating to, or stemming from these Site Terms, Columbia products, or Columbia Services, or any aspect of the relationship between you and Columbia as relates to these Site Terms, Columbia products, or Columbia Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Columbia agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Columbia, you will first contact Columbia by sending a written notice of your Claim (“Claimant Notice”) to Columbia by certified mail addressed to Columbia at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If Columbia asserts a Claim against you, Columbia will first contact you by sending a written notice of Columbia’s Claim (“Columbia Notice”, and each of a Claimant Notice and Columbia Notice, a “Notice”) to you via certified mail to the mailing address associated with your account or, if such information is not available, to the primary email address associated with your account, or to other contact information. The Columbia Notice must (i) include the name of a Columbia contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and Columbia cannot reach an agreement to resolve the Claim within thirty (30) days after you or Columbia receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Columbia first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
- Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Columbia, including any disputes in which you or Columbia seek injunctive or other equitable relief for the alleged unlawful use of your or Columbia’s intellectual property or other infringement of your or Columbia’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 19(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
- These Site Terms affect interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
- All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Site Terms as follows:
- YOU AND Columbia AGREE THAT ANY ARBITRATION UNDER THESE SITE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND Columbia ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Columbia or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
- For any arbitration you initiate, you will pay the consumer filing fee, and Columbia will pay the remaining AAA fees and costs. For any arbitration initiated by Columbia, Columbia will pay all AAA fees and costs.
- For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
- If you or Columbia submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Columbia agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Columbia agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
- The arbitrator’s decision will follow these Site Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Site Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Site Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
- The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Columbia or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Columbia understand and agree that when twenty-five (25) or more similar claims are asserted against Columbia or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Columbia’s Claim might be delayed. For such coordinated actions, you and Columbia also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Columbia shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Columbia’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Columbia or you.
- One Year to Assert Claims. To the extent permitted by law, any Claim by you or Columbia relating in any way to these Site Terms, Columbia products, or Columbia Services, or any aspect of the relationship between you and Columbia as relates to these Site Terms, Columbia products, or Columbia Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Columbia will not have the right to assert the Claim.
- Right to Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Site Terms by providing us with notice of your decision to opt-out by certified mail addressed to Columbia at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
- Severability. If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Site Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.