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  • Terms of Service

    This website is operated by Montauk Outfitters. Throughout the site the terms “we” “us” and “our” refer to Montauk Outfitters. Montauk Outfitters offers this website including all information tools and services available from this site to you the user conditioned upon your acceptance of all terms conditions policies and notices stated here.

    By visiting our site and/ or purchasing something from us you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” “Terms”) including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site including without limitation users who are browsers vendors customers merchants and/ or contributors of content.

    Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement then you may not access the website or use any services. If these Terms of Service are considered an offer acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

    SECTION 1 - ARBITRATION CLAUSE AND OPT-OUT

    By agreeing to these Terms of Service, you agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or site, any breach, enforcement, or termination of these Terms, or otherwise relating to Montauk Outfitters in any way will be resolved in accordance with the provisions set forth in this Section.

    Informal Resolution: If you have any dispute with us, you agree that before taking any formal action, you will contact us at admin@montaukoutfitters.com, provide a brief written description of the dispute and your contact information (including your username if your dispute relates to an account), and allow sixty (60) days to pass during which we will attempt to reach an amicable resolution of any issue.

    Arbitration: Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Award: For matters where the relief sought is over $5000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Montauk Outfitters user to the extent required by applicable law. The arbitrator’s award shall be final and binding.

    Exceptions: There are only two exceptions to this arbitration agreement:

    1. If a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

    2. Any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

    Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5000 or less, at your request, Montauk Outfitters will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Montauk Outfitters is relieved of its obligation to reimburse you for any fees associated with the arbitration.

    Future Amendments to the Agreement to Arbitrate: Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Montauk Outfitters prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Montauk Outfitters. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification, and you will not be bound by the amended terms.

    Judicial Forum for Legal Disputes: Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator, or a court order, you agree that any claim or dispute that has arisen or may arise between you and Montauk Outfitters must be resolved exclusively by a state or federal court located in New Jersey. You and Montauk Outfitters agree to submit to the personal jurisdiction of the courts located within New Jersey for the purpose of litigating all such claims or disputes.

    Opt-Out: If you are a new Montauk Outfitters user, you can choose to reject the agreement to arbitrate provision ("opt-out") by emailing us an opt-out notice to admin@montaukoutfitters.com ("Opt-Out Notice"). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the Terms of Service for the first time. If you are not a new Montauk Outfitters user, you have until thirty (30) days after the posting of the new Terms of Service to submit an arbitration opt-out notice.

    Procedure: In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies, and an unaltered digital image of a valid driver’s license which matches the name on your account to: admin@montaukoutfitters.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

    Waiver: By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided below) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants in any lawsuit, arbitration, or other proceeding filed against us and/or related third parties.

    SECTION 2 - ONLINE STORE TERMS 

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

    SECTION 3 - GENERAL CONDITIONS 

    We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

    SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

     

    We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES 

    Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

    SECTION 6 - PRODUCTS OR SERVICES

    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

    SECTION 8 - RETURN POLICY

    If you are not 100% satisfied with our products, we're happy to accept exchanges and returns. To initiate a return or exchange please send an email to admin@montaukoutfitters.com and include a reason for your return or exchange. 

    1. Eligibility: To be eligible for a return or exchange, items must be unworn, unwashed, and undamaged. All exchanges and returns must be initiated within 30 days of purchase and must be accompanied by the original packing slip or receipt and returned to Montauk Outfitters using the original shipping box

    2. Processing: An exchange or return will be processed once it has been received in our warehouse and its condition has been deemed to be in accordance with our policy. Montauk Outfitters reserves the right, in our sole discretion, to deny exchanges and returns that are found not to be in accordance with our policy.

    3. Shipping Costs:

    • Belts: All belts sold at MSRP (not on sale or discounted – unless specifically stated in the sales promotion) qualify for free shipping and free return shipping.
    • All Other Products: For all other products, customers are responsible for shipping their items back to our fulfillment center.  

     

    4. Refunds: The original shipping and handling costs (if applicable) associated with an order are not eligible for a refund unless incorrect items were sent in the original order. All refunds will be credited to the original form of payment.

    5. Final Sale Items: All wholesale, custom, discounted, sale, or specially placed orders are final sale. No exchanges or returns are accepted for these items.

    SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 

    If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit our Privacy Policy page.

    SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

    We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall Montauk Outfitters, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    Our total liability to you for any claim arising from your use of the service shall not exceed the amount paid by you for the products and services purchased through the site, or $100, whichever is greater.

    SECTION 14 – INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless Montauk Outfitters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SECTION 15 – SEVERABILITY

    In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 - TERMINATION 

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    SECTION 17 - ENTIRE AGREEMENT 

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    SECTION 18 - GOVERNING LAW 

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey.

    SECTION 19 - CHANGES TO TERMS OF SERVICE 

    You can review the most current version of the Terms of Service at any time at this page.

    We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    SECTION 20 - CONTACT INFORMATION 

    Questions about the Terms of Service should be sent to us at admin@montaukoutfitters.com.

    Last Updated: May 26, 2024