Terms of Use Agreement

Welcome to Ibex.com and Ibex mobile services (the “Ibex Electronic Platforms”). The Ibex Electronic Platforms are hosted by Ibex Outdoor Clothing, LLC. and its parent, subsidiaries and affiliates (collectively, “Ibex,” “we,” or “us”).

By using the Ibex Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the Ibex Electronic Platforms, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the Ibex Electronic Platforms. In addition, when you use any current or future version of the Ibex Electronic Platforms, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Ibex Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy

Please review our privacy policy, which also governs your use of the Ibex Electronic Platforms, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Orders

Ibex does sell products for children, but it does not sell products to children. Ibex only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Ibex reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Ibex believes that user conduct violates applicable law or is harmful to the interests of Ibex or its affiliates.

Trademarks

Ibex® is a registered trademark of Ibex Outdoor Clothing, LLC. in the United States and other countries. The following marks indicated on the Ibex Electronic Platforms are trademarks or registered trademarks of Ibex in the United States and other countries, with all rights reserved:Ibex, Ibex Outdoor Clothing, Wool Aire, Climawool, and our ibex head graphic.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Ibex Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Ibex or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Ibex Electronic Platforms for any purposes. Nothing stated or implied on the Ibex Electronic Platforms confers on you any license or right under any copyright of Ibex or any third party.

The Ibex Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Ibex Electronic Platforms, or use the contents of the Ibex Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Ibex or its lawful successors and assigns. For usage permission, Contact Us.

Notice of Copyright Infringement

Ibex respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Ibex Electronic Platforms, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

If you believe that your work has been copied and is accessible on the Ibex Electronic Platforms in a way that constitutes copyright infringement, please provide Ibex’s Copyright Agent with the following information:

Identification of the copyrighted work claimed to have been infringed; Identification of the allegedly infringing material on the Ibex Electronic Platforms that is requested to be removed; Your name, address, and daytime telephone number, and an email address if available, so that Ibex may contact you if necessary; A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Ibex’s Copyright Agent for notice of claims of copyright infringement on the Ibex Electronic Platforms is Ibex’s General Counsel, who can be reached as follows:

Ibex Outdoor Clothing, LLC. Attn.: General Counsel 132 Ballardvale Dr. White River Junction, VT 05001 email: info@ibex.com

Third Party and Co-Branded Web Sites

The Ibex Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Ibex (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Ibex to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Ibex Electronic Platforms. IBEX IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Ibex Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Ibex. As a condition of your use of the Ibex Electronic Platforms, you warrant that you will not use the Ibex Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Ibex Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Ibex or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using the Ibex Electronic Platforms, you agree not to violate or attempt to violate the security of the Ibex Electronic Platforms, including, without limitation, actions such as:

Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Ibex Electronic Platforms; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the Ibex Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Ibex. Title to products purchased on the Ibex Electronic Platforms, as well as the risk of loss for such products, passes to you when Ibex delivers these items to the carrier.

Product Information

Ibex attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Ibex Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Ibex products displayed on the Ibex Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Ibex Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Ibex Electronic Platforms are quoted in U.S. Dollars.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Ibex Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor or device’s display of any color will be accurate.

THE IBEX PROMISE

As of December 1, 2017, we are no longer accepting returns or exchanges. Please see our Returns & Exchanges Policy.

WARRANTY

We believe in our products, our process and our mission: to create the best clothing on earth. On the rare occasion that one of our products has a problem, we want to know about it. We provide a complete warranty against manufacturing and material defects for their lifetime. (And our garments tend to have long lives.) If you have received an item of ours that simply has a defect, please let us know and we will do our best to assist. All warranty returns should be laundered prior to sending back to Ibex.

Please know that wear & tear, mishandling, and negligence do not fall under warranty

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE IBEX ELECTRONIC PLATFORMS ARE PROVIDED BY IBEX ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IBEX MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IBEX ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE IBEX ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE IBEX ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE IBEX ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE IBEX ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE IBEX ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE IBEX ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE IBEX ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IBEX DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL IBEX, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IBEX ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE IBEX ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE IBEX ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO IBEX THROUGH THE IBEX ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Vermont, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Vermont. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Ibex or to products you purchase through Ibex shall be submitted to confidential arbitration in White River Junction, Vermont, United States of America, except that, to the extent you have in any manner violated or threatened to violate Ibex’s intellectual property rights, Ibex may seek injunctive or other appropriate relief in any state or federal court in the State of Vermont, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of Vermont Code of Civil Procedure section 1283.05 with respect to discovery. 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless Ibex 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 Ibex arising out of or relating to your use of the Ibex Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.

Considerations for Non-U.S. Customers

Ibex’s headquarters are located in the United States, and the Ibex Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Ibex Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Ibex Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

EFFECTIVE DATE: 7/8/14