These Terms and Conditions (these “Terms”) are between Adventurer Manufacturing, Inc. and/or its affiliates (referred to as “AMI”, “us”, “we”, or “our” as the context may require) and the person (“you” or “your”) using any of the websites offered by AMI (collectively, the “Site”) to conduct consumer transactions with AMI. These Terms apply to the pre-order of AMI’s in-bed campers (“Campers”) and to the order and sale of outdoor products and supplies supplied by AMI (“Accessories” and together with the Campers, the “Products”). All consumer transactions conducted using the Site will be governed by these Terms. These Terms only apply to consumer transactions between you by AMI that are conducted using the Site. If you purchase any of AMI’s products and services from a dealer or other third party, these Terms do not apply to that transaction. If you purchase a Camper directly from AMI, you will be required to sign a purchase agreement (the “Camper Purchase Agreement”) in the form provided by AMI at the time you accept delivery of the Camper, and the Camper Purchase Agreement will govern the terms and conditions of that sale, not these Terms.
You may place pre-orders and orders on this site only if you accept these terms. by clicking on the “submit order” button or any similar icon, you agree to be bound by all of these terms.
Please read these terms carefully. these terms are legally binding and contain important information regarding your rights and obligations, including limitations of liability and your obligation to indemnify AMI and others affiliated with AMI [for your breaches of these terms.]
We may change these Terms at any time. Please review these Terms each time you use the Site to conduct a consumer transaction for Products. By using the site and placing a pre-order for a camper or an order for accessories, you agree to be bound by the most recent version of these terms.
You may not order or obtain products from this site if you (A) DO NOT agree to these terms, (B) ARE NOT the older of (i) at least 18 years of age or (ii) Legal age to form a binding contract with AMI, or (C) are prohibited from accessing
or using this site or any of this site’s content or product by applicable law. These terms apply only to orders made by the consumer located in the United States of America. If you are not located in the United States of America and AMI’s products are available in your country or jurisdiction, different terms and conditions will apply.
By accessing the Site and providing a cellular phone number to us, you expressly consent and agree that AMI and its representatives and agents (collectively, “AMI Representatives”) may place calls and send text messages to any cellular (or non-cellular) telephone number provided to any AMI Representatives by you, or anyone purporting to act on your behalf, for any purpose related in any way to your use of the Site, including without limitation: as part of the registration process, to assist in the delivery of Products and in response to any other requests for information, goods, or services you submit through the Site, to notify you of changes in these Terms or other agreements between you and AMI and/or for user-experience improvement surveys. By accessing the Site and providing an email address to us, you further consent and agree that AMI Representatives may contact you using your email address for the same purposes. This provision is a material term of the agreement between you and AMI and cannot be unilaterally modified, revoked, or withdrawn by you.
You represent and warrant that you are the owner and/or primary user of all cellular telephone numbers you provide to us. If your cellular (or non-cellular) phone number changes, you agree to notify us immediately. AMI is not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for receipt of text messages or calls. You also agree that AMI Representatives may record or monitor any or all conversations that you have with the AMI Representatives, without any further notification and for any reason
You may use the Site to place a pre-order for a Camper (a “Pre-Order”). Each Pre-Order you submit for a Camper acts as a deposit for a future purchase of the Camper. These Terms do not constitute an agreement for the sale of a Camper and do not lock in pricing, a firm pickup date, or a specific Camper configuration. We may decline Pre-Orders as we deem appropriate in our sole discretion. If your Pre-Order is declined, you will be notified and your deposit will be refunded. Any deposit made for the Pre-Order of a Camper is final and nonrefundable unless you cancel your Pre-Order within five (5) days after you make the payment. If you wish to cancel your Pre-Order, please notify us at email@example.com.
(a) Specifications for Campers, features, materials and colors are subject to change after you place your Pre-Order. We will use reasonable efforts to notify you of any material changes to the specifications of the Camper that you Pre-Ordered.
(b) To complete the purchase of a Camper directly from AMI, you will be notified of an expected delivery date, and you will be required to execute AMI’s Camper Purchase Agreement at the time you arrive to pick up the Camper at an AMI distribution center. The Camper Purchase Agreement will include the terms and conditions pursuant to which the Camper will be sold to you. Payment of the full purchase price for the Camper, including taxes and other governmental fees, will be required prior to delivery of the Camper, and your deposit will be applied to the amount due. To complete the purchase of a Camper from an AMI dealer, you will be notified by the dealer of the steps required, and you will be required to execute the dealer’s purchase agreement.
You may use the Site to place orders for Accessories. Your order for Accessories is an offer to buy under these Terms. All orders for Accessories must be accepted by us. We may choose not to accept any orders for Accessories in our sole discretion, and we may choose to accept only part of your order. If we accept your order for the purchase of Accessories, we will send you a confirmation email with your order number and details of the items you have purchased. Any order confirmation email received by you prior to our acceptance shall constitute an acknowledgement of our receipt of your offer only, and not an acceptance of your offer. Our acceptance of your order and the formation of the contract of sale between AMI and you occurs when we send an email to you confirming acceptance of your order (“acceptance”).
(c) We may cancel your order for Accessories at any time prior to acceptance, and we will notify you of our decision to do so. You may cancel your order for Accessories prior to our acceptance by notifying us at firstname.lastname@example.org. If we have collected payment from you prior to cancellation, we will credit a refund back to the same payment method used to make the original purchase on the Site.
(d) While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all Accessories are in stock or immediately available when you submit your order. In addition, there may be limits on where we can ship Accessories. We may reject your order for Accessories in our sole discretion (without liability) if we are unable to process it, fulfill it or provide it. If we reject an order for any reason, we will refund any prior payment that you have made for that item, without undue delay. We may place a limit on the quantities that may be ordered per order, per account, per credit card, per person, or per household. If Accessories that you ordered are unavailable, we may contact you to offer you an alternative Accessory. If you do not choose to order the alternative Accessory, we will cancel your order and, without undue delay, we will refund any prior payment that you have made for the cancelled Accessory.
(e) Pictures shown may vary from the Accessories you order. Product specifications for Accessories are subject to change without notice.
a) All prices posted on this Site are subject to change without notice. The price charged for Accessories will be the price in effect at the time the order is placed and will be set out in your order confirmation email. The final price charged for any Camper will be set forth in the Camper Purchase Agreement (if purchased directly from AMI) or in the purchase agreement provided by our dealer (if purchased from a dealer). Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be charged to you.
b) We do not warrant that the prices, quotations, anticipated delivery/pickup dates, and descriptions made or referred to on our Site are accurate, free of typographical errors, complete, reliable, current, or error-free. We reserve the right to cancel any orders arising from such errors. Promotional prices may be offered for select Products and are subject to additional terms related to such promotion. The prices, quotations and descriptions made on the Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described above).
c) Terms of payment are within our sole discretion. Payment will be made by the payment method you select during the order process through the Site.
a) There is no delivery option for Campers; you must pick up your Camper at the designated AMI distribution center or at the designated dealer’s premises. If you are purchasing a Camper directly from AMI, we will notify you of the date on which we expect the Camper will be available for pick up. However, there is no guarantee as to the pick-up date, and we will have no liability for delays. If you are purchasing a Camper from a dealer, the dealer will contact you to arrange pick up.
b) When placing your order for Accessories on the Site, you may choose to either pick up the Accessories you purchased at a designed AMI distribution facility or to have the Accessories delivered to you at your delivery address. If you have selected to pick up Accessories at an AMI distribution facility, we will send you additional details for the arrangement of such pick up in a separate email confirmation. If you have selected delivery of the Accessories, we will arrange for shipment of the Accessories to you. You are required to pay all shipping and handling charges specified during the ordering process.
c) Delivery of Accessories is limited to destinations in the United States of America. Delivery times vary according to your selected Delivery Address, availability of your items and the time of day you place your Order for Accessories. A signature may be required for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If you provide us with an incorrect delivery address, you must notify us immediately. We reserve the right to charge you for any extra costs arising from changes you make to the delivery address after you submit an order.
a) To place a pre-order reservation for a camper, you must make a deposit. If we accept your pre-order for a camper, we rely on that pre-order to purchase materials for the assembly of a camper, and we place your pre order into a manufacturing queue. Therefore, unless you cancel your pre order within five (5) business days after placing the pre-order, AMI reserves the right to retain your deposit if you cancel prior to acceptance.
b) You may return Accessories delivered to you in the event that they are defective. In the event your claim for a defective Accessory is justified, the purchase price and the shipping and handling costs will be refunded. For additional information about returning your Accessories, please contact us at email@example.com.
c) To the maximum extent permitted under applicable law, you are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
By submitting a Pre-Order for a Camper or submitting an order for Accessories, you represent and warrant that:
a) You are an individual consumer located in the United States of America who is ordering the Product for your own personal use in compliance with these Terms;
b) You are not impersonating another person;
c) All information supplied by you is accurate and complete, including all credit card information;
d) You are not utilizing any program or routine to accelerate orders or to make multiple orders through different accounts to conceal your identity; and
e) If you are making a payment with a credit card, you are authorized to use such credit card.
Except for the express warranties set forth in our limited manufacturer’s warranty (if applicable), to the fullest extent permissible under applicable law, the products that you order from us through the site are provided to you “as is,” and your use is at your own risk. To the fullest extent permissible under applicable law, we do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement of the rights of third parties, and any warranties arising from a course of dealing, usage, or trade practice. To the fullest extent permissible under applicable law, all warranties are personal to you and non-transferable.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties, so the above exclusions and limitations may not apply to you.
To the maximum extent permitted by applicable law, AMI, its affiliates and each of their directors, officers, employees, consultants, vendors, licensors and suppliers (collectively, the “AMI parties”) shall not be liable for any damages suffered under, relating to, arising out of, or claimed to arise out of, these terms or the products, except for the remedies provided by AMI under the limited warranty, claims arising from the material breach of these terms by AMI or the willful misconduct of the AMI parties. In no event shall the AMI parties be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, however arising, whether for breach or in tort, even if the AMI parties have been previously advised of the possibility of such damage.
If you have any basis for recovering damages (including breach of these terms) from any AMI parties in connection with the products or these terms, you agree that your exclusive remedies are the commercially reasonable efforts of AMI to repair or correct the product, to accept a reasonable substitute for the product or to recover from the AMI parties damages up to an amount equal to the cost of your product, the total fee for the month during which the breach occurred (or up to $100.00 if the claims relate to any products that are free).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the AMI Parties from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, fines, and expenses (including reasonable attorney’s fees) incurred by any AMI Parties arising out of or occurring in connection with: (i) any breach of these Terms by you; (ii) any uses, decisions, actions or inactions made by you, based on the Products, including personal injury or death, property damage or harm, or fine related to the misuse of the Products; and (iii) your negligence, gross negligence or willful misconduct, **[provided that you shall have no such obligation to the extent the liability or loss is caused by AMI’s negligence, gross negligence or willful misconduct or by a manufacturing or design defect in the Products.]
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Agreement is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign these Terms and our rights and obligations, in whole or in part, without notice to you, to any affiliate or to a successor in interest to the business to which this agreement relates, whether by merger, sale of stock, sale of all or substantially all of the assets or otherwise.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AMI.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms.
All terms that by their sense are expected to survive the purchase of each Product and Service by you shall survive, including, without limitation, the terms of the initial paragraphs and **[Sections Error! Reference source not found. through 25].
California users of the Products are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to firstname.lastname@example.org ; (ii) by facsimile or (ii) by personal delivery, overnight courier or registered or certified mail to: Adventurer Manufacturing, Inc., 3303 West Washington Avenue, Yakima, WA 98903, Attention: Legal. We may update the email address, facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices sent by email will be effective on the date that the email is received by AMI. Notices provided by facsimile transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
The Products provided under these Terms are for your internal use and not for further commercialization. You acknowledge that some or all of the Products, including the materials contained thereon, may be controlled or restricted under the United States Export Administration Laws and Regulations, the United States Treasury Department, the Office of Foreign Assets Control (“OFAC”), or other applicable laws and regulations relating to the export of products and may be subject to the approval of the U.S. Department of Commerce or Treasury, respectively, prior to export. Any export or re-export of Products by you, directly or indirectly, in contravention of any export control laws, economic sanctions or other laws or regulations applicable to you, the Products (“Export Control Laws”) is prohibited, and you shall comply with such laws and regulations, including the Export Control Laws of other countries, and you are responsible for obtaining any required export authorizations, government approvals and licenses required by any Export Control Laws. The Products will not be sold for use in, or to parties that are suspected to be involved in, the development, production, use or stockpiling of weapons of mass destruction; to entities or individuals on any applicable lists of parties denied export privileges (including, without limitation, http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm), or to parties in any embargoed countries. By accessing the Site, and/or purchasing or using the Products, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government or the European Union, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by the United States (including OFAC) or similar sanction lists maintained by the European Union and other applicable governments and that you are purchasing and will use the Products in compliance with all laws governing export control.
Except as set out below, any claim arising from or relating to these Terms are governed by the laws of the State of Washington without regard to conflicts of laws principles.
All claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or your use of the Products and Service will be finally resolved by binding arbitration on an individual basis, except that you and AMI are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that, except for the equitable relief described in the previous sentence, neither AMI nor you will sue in court before a judge or jury, unless you opt out of arbitration as provided below. AMI and you are also agreeing that no dispute subject to the terms of this Section 24 will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between AMI and you.
The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”), except to the extent they conflict with these Terms. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. AMI and you will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Any relief awarded in arbitration cannot affect other end users and will be kept confidential. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non appearance arbitration is elected, the arbitration will be held in **[Seattle, Washington], provided that, if you notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, you may elect to have the arbitration be held in Chicago, Illinois or Los Angeles, California. If non
appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the Rules up to $125 USD, and AMI will pay any additional initial filing fee or case management fee. Notwithstanding any contrary provisions in the Rules but subject to the previous sentence, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator
determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
AMI AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither AMI nor you will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of AMI or you act(s) or propose(s) to act as a representative for others. AMI and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of AMI, you, and every other party to that arbitration or proceeding. Without the written consent of AMI, the arbitrator may not consolidate or join more than one person or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.
You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of your decision to opt-out in accordance with this Section 24. If you do so, neither you nor AMI can force the other to arbitrate. To opt out, you must notify AMI in writing no later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name and address, the email address you used to purchase the Products, and an unequivocal statement that you want to opt out of this arbitration. Send your notice to: Adventurer Manufacturing, Inc., 3303 West Washington Avenue, Yakima, WA 98903, Attention: Legal. In the event of a dispute between you and AMI, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period.
If you elect to opt out, each of you and AMI irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts located in Yakima County, Washington in connection with any matter arising out of these Terms, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with these Terms.
ANY LEGAL ACTION BROUGHT BY YOU AGAINST AMI OR ANY OF THE AMI PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
This Section 24 may be changed from time to time in accordance with the preamble of these Terms. For purchases of Products, the version of this Section 24 in force at the time of your purchase will govern. If you did not opt out of mandatory arbitration as provided above, you may reject any change we make
to this Section 24 by sending us notice within thirty (30) days after first becoming subject to the amended Terms. Send your notice rejecting changes to this Section 24 to: Adventurer Manufacturing, Inc., 3303 West Washington Avenue, Yakima, WA 98903, Attention: Legal. In the event of a dispute between you and AMI, to invoke your right to apply an earlier version of this Section 24, you must retain a copy of your rejection notice, as well as proof of mailing of your rejection notice during the period of time in which you intend to pursue any claim. AMI reserves the right to make additional amendments to this Section 24. If you wish to reject additional changes to this Section 24, you must notify us in accordance with this Section 24 for each change in accordance with the terms hereof.