Terms of Use – Thenorthfane

Welcome to Thenorthfane.com (“Website”), your dedicated destination for outdoor performance clothing & gear—designed for hiking, skiing, trail running, camping, and all your adventures. These Terms of Use (“Terms”) govern your access to and use of the Website, its content (e.g., product descriptions, gear guides, adventure tips), and any services offered through the Website (collectively, “Services”). By accessing or using the Website or Services, you (“User” or “You”) agree to comply with these Terms, as well as our Privacy Policy, Terms of Purchase, and Shipping Policy (all referenced herein and available on the Website). If you do not agree to these Terms, please do not access or use the Website.

1. Eligibility to Use the Website

To access or use the Website, you must meet the following criteria:

Be at least 13 years old. If you are under 18, you must have the consent of a parent or legal guardian to use the Website, and your guardian must agree to these Terms on your behalf.
Have the legal capacity to enter into a binding agreement (or have a guardian with such capacity, if applicable).
Comply with all applicable laws, regulations, and these Terms—including those related to outdoor gear use (e.g., adhering to local safety standards for camping or skiing equipment).

Thenorthfane (“we”, “us”, or “our”) reserves the right to restrict or deny access to the Website to any User who fails to meet these requirements or violates these Terms.

2. User Accounts (If Applicable)

Some features of the Website (e.g., saving favorite hiking gear, tracking order history for camping trips, receiving personalized adventure recommendations) may require you to create a User Account (“Account”). When registering for an Account, you agree to:

Provide accurate, current, and complete information (including your full name, email address, and a secure password).
Update your Account information promptly if it changes (e.g., new email address, preferred shipping address for trailhead deliveries).
Keep your Account password confidential and secure. You are solely responsible for all activities conducted under your Account, including unauthorized use by third parties (e.g., someone else ordering ski gear using your Account).
Notify us immediately at [email protected] if you suspect any unauthorized access to or misuse of your Account—we’ll help secure your Account and resolve any issues (e.g., canceling fraudulent orders for camping equipment).

We reserve the right to suspend or terminate your Account at any time, without prior notice, if we believe you have violated these Terms (e.g., providing false information, sharing your password) or for any other legitimate reason (e.g., inactivity for 12+ months).

3. Permitted Uses of the Website

You may use the Website and Services only for lawful, non-commercial purposes that align with our mission of supporting outdoor adventures. Permitted uses include:

Browsing the Website to view product details (e.g., waterproof ratings for ski jackets, weight capacity for hiking backpacks), pricing, and policies (e.g., Shipping Policy for gear delivery timelines).
Creating an Account (if eligible) to access personalized features (e.g., “Saved Adventure Gear” for your upcoming camping trip).
Placing orders for outdoor gear in accordance with our Terms of Purchase.
Contacting our customer service team for assistance (e.g., asking about tent size compatibility, troubleshooting gear shipping delays).
Accessing and using non-commercial content (e.g., “10 Hiking Safety Tips”, “How to Care for Ski Gear”) for personal reference—helping you make the most of your outdoor experiences.

All use of the Website must be in good faith, and you must not use the Website in a way that harms us, other Users, or third parties.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities when accessing or using the Website—whether you’re browsing for hiking boots or researching camping tents:

Unauthorized Access: Attempting to access restricted areas of the Website (e.g., admin portals, customer data databases) without permission; using automated tools (e.g., bots, scrapers, crawlers) to collect, copy, or extract data from the Website (including product images, gear specifications, or User information) without our explicit written consent.
Misuse of Content: Copying, modifying, distributing, selling, licensing, or reproducing any proprietary content on the Website (e.g., product images of waterproof jackets, brand logos, adventure guides, “Thenorthfane” name) for commercial or non-commercial purposes, unless expressly permitted by us.
Fraud or Misrepresentation: Providing false, misleading, or inaccurate information when creating an Account, placing an order (e.g., fake shipping address for a trailhead, stolen payment details for a camping stove), or communicating with our team (e.g., claiming a product is defective when it’s damaged from improper use).
Harmful or Disruptive Behavior: Uploading or transmitting viruses, malware, or other harmful software that could damage the Website, our systems, or other Users’ devices; spamming the Website (e.g., posting repetitive comments in gear review sections) or overloading our servers with excessive requests (e.g., repeatedly refreshing a product page to hoard limited-edition hiking gear).
Violation of Rights: Using the Website to infringe on the intellectual property, privacy, or other legal rights of us, other Users, or third parties (e.g., sharing another User’s personal shipping address without consent, posting counterfeit Thenorthfane gear images).
Violation of Laws: Using the Website to engage in illegal activities (e.g., counterfeiting our outdoor gear, selling stolen camping equipment) or to violate applicable laws or regulations (e.g., importing gear that violates local safety standards for skiing or hiking).

We may take immediate action to address prohibited conduct, including restricting your access to the Website, terminating your Account, or pursuing legal remedies (e.g., seeking damages for fraud or intellectual property infringement related to our gear).

5. Intellectual Property Rights

All content and materials on the Website—including but not limited to product images (e.g., ski jackets, camping tents), gear descriptions, brand logos, “Thenorthfane” trademarks, text (e.g., adventure guides), graphics, and software (“Intellectual Property”)—are owned by us or our licensors and are protected by United States and international intellectual property laws (e.g., copyright, trademark, patent laws).

You do not acquire any ownership rights to the Website’s Intellectual Property by accessing or using the Website. We grant you a limited, non-exclusive, non-transferable license to use the Website and its Intellectual Property solely for permitted uses (as outlined in Section 3) during the term of these Terms. This license automatically terminates if you violate these Terms or stop using the Website.

6. Third-Party Links & Content

The Website may contain links to third-party websites, services, or content (e.g., social media platforms for sharing adventure photos, outdoor safety organizations, payment processors for gear orders). These links are provided for your convenience only, and we do not control or endorse third-party websites or their content.

We are not responsible for the accuracy, legality, safety, or quality of third-party websites or content. For example, if you click a link to an outdoor blog recommending camping spots, we are not liable for any information on that blog or any issues you encounter there. Your use of third-party websites is subject to the terms of use and privacy policies of those third parties, and you access them at your own risk. We disclaim all liability for any damages or losses arising from your use of third-party links or content.

7. Website Availability & Modifications

We strive to keep the Website available 24/7—so you can browse for ski gear at midnight or order a camping tent before dawn. However, we do not guarantee that the Website will be uninterrupted, error-free, or free from technical issues. We may need to temporarily take the Website offline for maintenance, updates, or repairs (e.g., optimizing the site for peak ski gear season), and we will provide notice of planned downtime (e.g., via a banner on the Website) when reasonably possible.

We also reserve the right to modify or discontinue any feature, content, or Service on the Website at any time, without prior notice. This includes adding new gear categories (e.g., “Trail Running Accessories”), removing outdated adventure guides, or updating product search filters to help you find gear faster. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or its features.

8. Disclaimers of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Implied Warranties: Warranties of merchantability (e.g., that hiking boots will meet your expectations for durability), fitness for a particular purpose (e.g., that a tent will withstand alpine weather), and non-infringement (e.g., that using the Website will not violate third-party rights).
Warranties of Accuracy: Warranties that Website content (e.g., gear specifications, adventure tips, product images) is accurate, complete, or up-to-date (e.g., gear colors may vary due to device displays, waterproof ratings may be updated for new models).
Warranties of Security: Warranties that the Website will be free from viruses, malware, or other harmful components, or that your Account information will be immune to unauthorized access (we take security measures, but no system is 100% secure—especially when sharing payment details for gear orders).

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES. This includes, but is not limited to, damages for:

Loss of profits, data, or use (e.g., inability to access your Account to track a camping gear order).
Inconvenience or dissatisfaction with the Website (e.g., slow loading times for ski jacket product pages).
Damages arising from gear use (e.g., injury from improper use of hiking equipment—see our product safety guidelines for proper use).
Third-party conduct (e.g., unauthorized access to your Account by a hacker, fraud related to third-party payment processors).

Our total liability to you for any claims arising from or related to the Website (whether in contract, tort, or otherwise) shall be limited to $100 USD. This limitation applies regardless of whether the claim is based on a breach of contract, negligence, or any other legal theory.

Some jurisdictions do not allow the limitation of liability for certain damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, employees, officers, directors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

Your use of the Website or violation of these Terms (e.g., using automated tools to scrape gear data).
Your Account activities (including unauthorized use by others, such as fraudulent orders for ski gear).
Your violation of any laws, regulations, or third-party rights (e.g., infringing on our trademark by using “Thenorthfane” without permission, defaming another User in a gear review).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such matters.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in laws, regulations, or our business practices (e.g., new features for tracking gear shipments, updated security measures for Account protection). When we make changes, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this page.

Your continued access to or use of the Website after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically—especially before ordering new gear or using new Website features—to stay informed of any updates.

12. Termination

These Terms will remain in effect as long as you use the Website. We may terminate these Terms (and your access to the Website) at any time, without prior notice, if you violate these Terms or for any other legitimate reason.

Upon termination, your right to use the Website will immediately cease, and any provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, disclaimers, limitation of liability, indemnification) will remain in effect.

13. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States (a state deeply tied to outdoor recreation, aligning with our brand focus on hiking, skiing, and camping).

Any disputes arising from or related to these Terms or your use of the Website shall first be resolved through good-faith negotiation between you and us. If negotiation fails, the dispute shall be submitted to binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

You waive any right to a jury trial in connection with any dispute arising from these Terms or your use of the Website.

14. Contact Information

If you have any questions, concerns, or requests related to these Terms of Use—whether about using the Website to order camping gear or resolving an Account issue—please contact our customer service team at:

Email: [email protected]

By accessing or using Thenorthfane.com, you acknowledge that you have read, understood, and agreed to these Terms of Use in full.