Terms of Use
This web site, GoLite.com ("Web Site") is hosted by GoLite, LLC and its parent, subsidiaries and affiliates (collectively, "GoLite").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material that is displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, GoLite®, LLC, The Timberland Company®, or Coupounas, LLC and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
5. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of GoLite®, GoLite, LLC, The Timberland Company®, Coupounas, LLC and/or our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.
© 2009 GoLite, LLC a d/b/a of Coupounas, LLC. All rights reserved.
GoLite®, the GoLite logo, C-Thru®, and Enlightened Outdoor Gear and Clothing® are registered trademarks of The Timberland Company®. Alchemy, ComPACKtor, ConvertiCuff, Cynchronicity, DriMove, DriMove Baselayer, DriMove Lite, DriMove Altitude, DriMove Silk, DynamiLite, Endurance Chamois, Energy Exchange, EX?, FaceSeal Beak, F’Lite, FlowThru Ventilation System, FootVent, Free Flexing No-Hitch Stitch, Fusion, GoDri, HyLite, LashLite, nLITEn, Reverse Angle Door, SilLite, SilLiteHG, SmartFit, Team GoLite, TraveLite, Unlimited Ergo-Flex Suspension, Unlimited Suspension System, Variable Geometry Beaks, Variable Temperature Rating (VTR), Therefore I GoLite™, WatchWindow, Wisp, WispHP, WispHP Stretch, WispUltra, WRAP Stretch Suspension System, and ZenGear are trademarks or registered trademarks of The Timberland Company. Timberland (NYSE: TBL) is a global leader in the design, engineering and marketing of premium-quality footwear, apparel and accessories. Timberland markets products under the Timberland®, Timberland PRO™ Series, SmartWool®, Timberland Boot Company®, Mion™ and GoLite® brands. All rights reserved. Timberland protects and defends vigorously its trade names, trademarks, patents, designs, copyrights and other intellectual property rights.
Conscious Body™, Cosmos™, ConvertiBelt™, DeepZ™, NoBounce™, Trinity™, Velocity™, the NoBounce™ logo, and the Triskele logo are trademarks or registered trademarks of Coupounas, LLC. All rights reserved. Coupounas, LLC protects and defends vigorously its trade names, trademarks, patents, designs, copyrights and other intellectual property rights.
Gore-Tex®, PacLite® and Windstopper® are trademarks or registered trademarks of W.L. Gore & Associates, Inc. Lycra®, Hypalon®, Thermolite®, and CoolMax® are trademarks or registered trademarks of E.I. du Pont deNemours and Co. Pertex® is a trademark of Mitsui & Co. Power Stretch® is a trademark or registered trademark of Malden Mills Industries, Inc. Power Shield® is a trademark or registered trademark of ADS Properties, Inc. PrimaLoft® is a trademark or registered trademark of Albany International. Cordura® is a trademark or registered trademark of Invista North America S.A.R.L. TFO™ and Bite Me™ are trademarks or registered trademarks of Nalge Nunc International. Cocona® and Minerale™ are trademarks or registered trademarks of Cocona Inc. Dyneema® is a trademark or registered trademark of Royal DSM N.V. Easton and SHOKCORD™ are trademarks or registered trademarks of Easton. Specialized is a trademark or registered trademark of Specialized. x-Pac is a trademark or registered trademark of Dimension-Polyant GMBH. Velcro® is a trademark or registered trademark of Velcro Industries B.V. BioGreen Bottles™ is a trademark or registered trademark of BioGreen Bottles. SympaTex® and SympaTex Reflexion™ are trademarks or registered trademark of Sympatex Technologies GmbH.
6. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rules and regulations.
7. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
8. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
10. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
12. Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
13. Indemnification. You agree to defend, indemnify, and hold harmless GoLite, LLC and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by GoLite arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
14. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
16. Miscellaneous Legal Provisions GoLite may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoLite as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of GoLite's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by GoLite with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of GoLite to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Web Site and its content, and supersedes any prior or contemporaneous communications between GoLite and you regarding our Web Site and its contents.
All rights not expressly granted herein are hereby reserved.
17. GOLITE’S 2009 “I’VE ALWAYS WANTED TO SEE MY FACE IN PIXELS. THEREFORE I GOLITE.”
OFFICIAL RULES AND REGULATIONS
Participation in the “I’ve always wanted to see my face in pixels. Therefore I GoLite” Contest constitutes your agreement to be bound by these Official Rules. No Purchase Necessary To Enter or Win.
Sponsor: GoLite, 6325 Gunpark Drive, Suite 102 Boulder, CO 80301 (“GoLite” or “Sponsor”).
Entry: Here's how you do it. Go to golite.com and take a look at our current model athletes. Notice each athlete has their own "Therefore I GoLite" headline, which describes how they live sustainably or inspire others to get outdoors. Using their headlines as examples, pen your own "Therefore I GoLite" line that tells the world how you live the GoLite values.
Enter to win. Email us your personal story at howdoyou@golite.com <mailto:howdoyou@golite.com> . What's your outdoor passion? Trail-running? Hiking? Backpacking? Backcountry Touring? Traveling? Tell us how you inspire others to get outdoors and/or how you are making a difference by living an eco-friendly lifestyle. Tell us about your favorite trail, and why the people you hang out with would tell us you are the perfect candidate. Then attach a couple photos of you in the outdoors. Make sure you tell us your name and where you live. Last but certainly not least, don't forget to include your handspun "Therefore I GoLite" line into the subject of your email. Just for sending us your story, we'll email you a coupon code for 25% off at golite.com. And four of you will be chosen to win $500 worth of GoLite gear and your place in GoLite history as a mod-lete.
The sponsor may contact any/all entrants to ask for more detail including additional photographs or other information including clothing sizes.
Contest Period: The contest begins on September 3, 2009 at 11 a.m. Mountain Time and ends on September 28, 2009 at 10:00 a.m. Mountain Time. All photo shoots of selected winners must be completed by Dec. 20, 2009.
Selection of Winner: GoLite shall select all winners at its sole discretion. Winners will be notified via email and/or Facebook. Prior to selection winners may be asked to share more photos, clothing sizes and measurements. Winners may need to travel for the photo shoot. Winners will be required to sign a model release at the time of the shoot.
Prizes & Approximate Retail Value: Four winners will be selected to participate in a photo shoot and featured on the GoLite website in Fall, 2010 and in other brand communications including but not limited to trade advertising, trade show graphics, emails, etc. as well as receive $500 (retail) in GoLite product. All participants will receive a 25% coupon code for entering the contest and 15% for posting on Facebook. Coupon codes cannot be combined with any other promotion or discount and are not valid for online specials at golite.com.
Eligibility: No purchase is necessary. This sweepstakes is open only to legal U.S. residents who are 18 years of age or older.
General Rules:
All entries once submitted by email or on Facebook become the property of GoLite and can be used in any of our communications. Any incomplete entries will not be eligible.
Employees of GoLite or any of its affiliates, subsidiaries, ad agencies, retailers and their immediate family members and/or those living in the same household are not eligible.
18. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 888-5-GOLITE or
contact us.