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Apera Terms of Use

TERMS OF USE

Thank you for visiting aperabags.com (the “Site”). This Site is provided by Apera LLC and/or its affiliates (“Apera”) as a service to our customers. Please review the following terms that govern your use of the Site. Apera reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, you should review these Terms of Use whenever you visit this Site. By accessing, viewing, browsing and/or using the Site after we post changes to these Terms of Use, you unconditionally accept and agree to those changes, whether or not you actually reviewed them. If you violate any of the terms of these Terms of Use you may, without limitation, have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. At the bottom of this page, Apera will notify you of the date these Terms of Use were last updated.

Using the Site will constitute your acceptance of these Terms of Use. If you do not agree to abide by these terms, you may not use the Site.

Limited License and Site Access
Apera grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site, or any portion of it, except with prior written consent of Apera. This limited license does not permit any of the following: any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior written consent of Apera. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the SIte without prior written consent. You may not use any meta tags or any other “hidden text” utilizing Apera’s name or trademarks without the prior written consent of Apera. Any unauthorized use terminates your limited license granted by Apera. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to aperabags.com so long as the link does not portray Apera, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Apera logo or other proprietary graphic or trademark as part of the link without express written permission of Apera.

Communications
When you visit the Site or send emails to Apera, you are communicating with Apera electronically. You consent to receive communications from Apera electronically. Apera may communicate with you by email, phone, or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that Apera provides to you electronically satisfy any legal requirement that such communications be in writing.

Privacy
Please review our Privacy Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy Policy and the Terms of Use, the Terms of Use shall govern.

Copyrights, Trademarks and Intellectual Property
All content included on the Site, such as (without limitation) text, graphics, photos, videos, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Apera or its content suppliers and is protected by both United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Apera and protected by both U.S. and international copyright laws. All software used on the Site is the property of Apera or its software suppliers and protected by both United States and international copyright laws.

The Apera name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Apera. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize you to use any name, logo or mark in any manner.

Order Review and Acceptance
Please note that there may be certain orders that Apera is unable to accept and must cancel. Apera reserves the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (unless you are paying via your PayPal account, in which case you will be charged prior to your order being shipped). By way of example, some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Apera’s credit and fraud avoidance department. Apera may also require additional verification(s) or information before accepting any order. Apera will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, Apera will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Limits On Quantity and Dealer Sales
Apera reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may, without limitation, be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Apera will provide notification to you should such limits be applied. Apera also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, dealers or resellers shall be defined as those purchasing or intending to purchase any product(s) from Apera for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Usage By Minors
The Site is not intended for or directed to minors (typically persons under the age of 18). As Apera cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, Apera must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase and restrict access accordingly. By using the Site, purchasing products from Apera or providing Apera with any information, you represent to Apera that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, that you have the express permission of your parent or guardian and that any information you provide to Apera is not inaccurate, deceptive or misleading.

Apera requires that all purchases be made either (i) by individuals who are the age of majority and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on the jurisdiction), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.

Your Account With Apera
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password.

User Reviews, Feedback, Submissions, Ideas
For all reviews, comments, feedback, emails, photos, videos, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Apera on or through the Site, by email or telephone or written correspondence, or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”) you grant Apera a royalty-free, irrevocable, fully sub-licensable, transferable right and license to use the Comments in any manner Apera desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world at any time.

Apera will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you or crediting you in any way. Apera is and shall be under no obligation whatsoever (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you will not violate the terms of this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

Apera shall not be required to regularly review Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Apera the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Apera and its affiliates for all claims resulting from any Comments you submit. Apera and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Risk of Loss
All items purchased from Apera are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the shipping carrier.

Product Descriptions/Content
Apera strives to be as accurate as possible. However, Apera does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. If a product offered by Apera itself is not as described, your sole remedy is to return the product in unused condition.

You understand that by using the Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Apera shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.

Third Party Sites/Links
References on the Site to any names, marks, products or services of third parties, or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Apera’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Apera is not responsible for the practices or policies of such third parties, nor the content of any third-party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third-party sites. If you decide to link to any such third-party sites, you do so at your own risk.

Site Security/Access
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Such violations of system or network security may result in civil or criminal liability. Apera will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Apera on this Site and other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome or Microsoft Internet Explorer).

Pricing
Items in your Shopping Cart will always reflect the most recent prices displayed on the items’ product detail page and take into account how you accessed the Site, the daily promotion and any coupon code you entered. Please note this price may differ from the prices shown for the items when you first placed them in your Shopping Cart. Placing an item in your Shopping Cart does not necessarily reserve the price shown at that time; most Apera discount offers are for a limited time only, and have stated expiration dates. Accordingly, it is possible that an item’s price may change between the time you place it in your Shopping Cart and the time you complete your Checkout. In addition, prices are subject to availability of the product at the time of ordering.

While Apera strives to provide accurate pricing information, pricing or typographical errors may occur. Apera cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Apera shall have the right, at Apera’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Apera may, at Apera’s sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by aperabags.com. Apera regrets that we cannot be responsible for pricing errors made on third-party or affiliated web sites, or prices quoted incorrectly in print publications which are not directly affiliated with Apera.

Apera Coupons and Discounts
At Apera, Free Shipping, Percent Savings and Dollar Savings are all considered to be promotional offers. Coupons and discounts apply only to available inventory and only to your next purchase. We do not offer rain checks. Coupons and discounts may not be combined with free shipping offers or any other coupons or discounts. Coupons and discounts may not be applied to the purchase of email gift certificates or to Apera corporate sales orders.

Shipping promotions are calculated based upon the price of the product once discounts have been applied.

Returns Policy
We unconditionally guarantee all unused or defective merchandise for 30 days from the receipt of shipment. If you are not completely satisfied with your purchase you may return any unused or defective merchandise FREE, for a prompt refund or exchange; the only exception being personalized or custom made items. Certain return fees may apply for returns made after 30 days. Please see the complete terms of our Returns Policy here. To the extent there is a conflict between the terms of the Apera Return Policy and the Terms of Use, the Terms of Use shall govern.

Disclaimer/Limitation of Liability
THE SITE IS PROVIDED BY APERA ON AN “AS IS” AND “AS AVAILABLE” BASIS. APERA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, APERA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM OR TO THE EXPRESS LIFETIME WARRANTY FOR ANY APERA-BRANDED PRODUCT AS SET FORTH HERE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

APERA DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM APERA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APERA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL APERA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF APERA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notice to Users on Collection of Tax and User Waiver of Damages Owing to Error in Calculation of Tax by Apera
In states where Apera has no physical presence, Apera is not required to collect and remit sales tax for Site purchases. However, some states may require that their residents file a sales or use tax return for items purchased on the Site. We recommend that you consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states, Apera collects and remits sales tax. For those purchases where sales tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Apera uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Apera does not guarantee the accuracy of the amount of the tax Apera represents to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items Apera sells. As a result of any error, Apera may overcollect or undercollect your tax. In consideration of Apera allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Apera, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

Disputes
Any dispute relating in any way to your visit to the Site, to these Terms of Use, to our Privacy Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Denver, Colorado, USA. Provided, however, that, to the extent you have in any manner violated or threatened to violate Apera intellectual property rights, Apera may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, USA and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Indemnification
You agree to defend, indemnify and hold harmless Apera from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

General
These Terms of Use represent the complete agreement between you and Apera and supersede all prior agreements and representations. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the provisions. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Apera to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Apera’s rights or remedies with respect to such breach or any subsequent breaches.

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Apera’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Apera of an allegation that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use on the Site is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Apera’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent
Apera Legal Department
7664 S. Hudson Way
Centennial, CO 80122
email: info@aperabags.com

Notice and Procedure for Making Claims of Trademark Infringement
If you believe that your work has been copied in a way that constitutes trademark infringement, please provide Apera’s trademark agent the written information specified below. Please note that this procedure is exclusively for notifying Apera of an allegation that your trademarked material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;
  • A description of the trademarked work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use on the Site is not authorized by the trademark owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark owner or authorized to act on the trademark owner’s behalf.

Apera’s Trademark Agent for notice of claims of trademark infringement on the Site can be reached as follows:

Trademark Agent
Apera Legal Department
7664 S. Hudson Way
Centennial, CO 80122
email: info@aperabags.com

Termination
These Terms of Use are effective unless and until terminated by either you or Apera. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. Apera, at its sole discretion, also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Apera’s determination you fail to comply with any term or provision of these Terms of Use, violate any applicable law or harm the interests of other users, associates, affiliates or us. Upon any termination of these Terms of Use by either you or Apera, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: “USER REVIEWS, FEEDBACK, SUBMISSIONS, IDEAS” “SITE SECURITY/ACCESS,” “PRICING,” “APERA COUPONS AND DISCOUNTS,” “LIMITS ON QUANTITY AND DEALER SALES,” “RISK OF LOSS,” “COPYRIGHTS TRADEMARKS AND INTELLECTUAL PROPERTY,” “INDEMNIFICATION,” “TERMINATION,” “DISCLAIMER/LIMITATION OF LIABILITY,” “DISPUTES,” “PRIVACY” AND “GENERAL.”

Changes to the Apera Terms of Use
The Terms of Use were last updated on April 18, 2016. Please check our Terms of Use periodically for changes.