TERMS OF USE
Welcome to the Beyond Clothing® website. We hope you enjoy your experience. In connection with your visit and use of beyondclothing.com (the “Site” or “Website”), please review these Terms of Use, as well as our Privacy Policy, that govern your use of the Site. Please visit the page, Accessibility, if you desire additional assistance accessing or reviewing these policies.
GENERAL
By using this Site, you agree to follow and be bound by these Terms of Use (collectively, the “Terms”). If you do not agree with any of these Terms, please cease using the Site immediately. We may change these Terms at any time. Your operation of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. We may modify or delete portions of the Site or add to it which may include any content, equipment, and software needed for access or use. Accordingly, please review these Terms regularly. Throughout these Terms, “Beyond”, “we”, “us”, and “our” refer to 5.11, Inc. doing business as Beyond Clothing and its parents, subsidiaries, and affiliates.
COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all materials which includes images, illustrations, designs, icons, photographs, and written materials on the Site are copyrights, trademarks, trade dress, and other intellectual properties owned, controlled, or licensed by Beyond. The materials on the Site, and other Beyond-owned or operated platforms (i.e. blogs, social media accounts, etc.), are protected by copyright and trade dress of worldwide rights, titles, and interests owned by Beyond.
All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners. Prior written consent of the owner is needed before utilizing such trademarks, service marks, product names, and company names or logos, including the reproduction, modification, distribution or republication.
These Terms permit personal, non-commercial use of the Site and the Sites contents. You must not access or use any part of the Site, or materials available through the Site, for commercial purposes. Nothing in these Terms transfers to you any right, title, or interest in any content on the Site. You are not authorized to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of the materials on the Site without prior written consent from Beyond.
If you wish to use any material on the Site, please submit a request to the Legal Department using the “Contact Us” form found at: https://beyondclothing.com/pages/contact-us or via email at Legal@beyondclothing.com. Consent and/or permission can be granted or withheld at the sole discretion of Beyond. Failure to respond to any request, does not constitute consent or permission.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on this Website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Beyond legally sufficient notice of infringement. Send copyright infringement complaints to:
Beyond Clothing
Attn: Legal Department
3201 N. Airport Way
Manteca, CA 95336
Email: Legal@beyondclothing.com
We suggest that you consult your legal advisor before filing a notice with Beyond's copyright agent, because there may be penalties for false claims.
SUBMISSION OF PRODUCT IDEAS OR INFORMATION
Please see our Privacy Policy for general information regarding the use of our Site. With regard to the submission of information to Beyond, please note that Beyond does not want to receive confidential or proprietary information, including product ideas, from you through our Site or otherwise unless you have another written agreement with Beyond related to the sharing of such information. Any information that Beyond receives from you through our Site, must comply with all applicable federal, state, local and international laws and regulations, and, other than your personally-identifiable information that is encompassed by the terms of our Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING NON-CONFIDENTIAL AND/OR NON-PROPRIETARY INFORMATION VIA THIS SITE OR OTHERWISE WITHOUT A WRITTEN AGREEMENT WITH BEYOND RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT BEYOND MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.
PRODUCT INFORMATION
Product pricing and availability are subject to change without notice, as allowed by applicable law. The display of product color will depend on your individual monitor and Beyond cannot guarantee the accuracy of your monitor’s display.
ORDERING AND CREDIT CARD AUTHORIZATION AND CAPTURE
All orders placed through the Site are subject to Beyond’s acceptance. This means Beyond may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.
Payment in full by credit card is required to place an order. Beyond reserves the right to charge the credit card for the entire amount of the transaction as early as the day of purchase, and as late as after the date of shipment. An itemized order confirmation will be sent to you by email once the order has been submitted.
Products ordered through the Site can be delivered only in accordance with United States export laws and regulations. By placing your order with us, you are representing to us that you will comply with all applicable laws and that you are of legal age and, furthermore, you agree to hold us harmless from your failure to comply with these requirements.
MODIFICATIONS, CANCELLATIONS, AND REFUNDS
Modifications to an order after purchase at the Site, defined as clicking the "Purchase" button, may be accepted only upon Beyond's review and sole discretion. After clicking the "Purchase" button at the Site, cancellations are not allowed. Returns on unused, standard sized clothing within 90 days of purchase will be accepted.
DISCLAIMER
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL BEYOND BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF BEYOND IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount actually paid to Beyond by you in connection with your use of the Sites during the prior twelve (12) months or (ii) one hundred dollars ($100).
Additionally, Beyond makes no representations or warranties whatsoever about any other website which you may choose to access through this Site. Links provided by Beyond to such websites are provided solely for your convenience and should not be deemed to imply that Beyond endorses those websites or any content therein.
MISCELLANEOUS:
This Website is controlled and operated by Beyond, from our offices in Seattle, Washington. Unless otherwise specified, Beyond displays this Site and its contents solely to market and promote products and services in the United States and make no claims as to its accessibility outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. Should you choose to access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with local laws.
These Terms shall be construed according to California law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the contents of the Site, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the state and federal courts of the State of California. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
These Terms, together with the Privacy Policy, are the entire agreements between you and Beyond relating to the Site or its contents. Any other agreements are superseded and have no force or effect.
ARBITRATION AND CLASS WAIVER ACTION
By using this Website, you agree that any dispute or claim relating in any way to your use of the Website will be resolved by binding arbitration, rather than court. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE THE RIGHT TO, A JUDGE OR JURY TO DECIDE YOUR CLAIMS
Any dispute or claim relating in any way to the Website, any dealings with us and our customer service agents, any representations made by us, and/or your use of our Website (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding and confidential arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against Beyond Clothing, Beyond Clothing’s employees, agents, successors, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.
Unless you and we agree otherwise in writing, arbitration shall be administered before a single arbitrator administered by JAMS and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time of filing of the arbitration (the "JAMS Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms of Use, and can award damages and relief (including any reasonable attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. For example, rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BEYOND CLOTHING ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.
FURTHER, AND UNLESS YOU AND BEYOND CLOTHING AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY IMPACT THE PERSON BROUGHT THE CLAIM, NOT OTHER BEYOND CLOTHING CUSTOMERS, AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER CUSTOMERS.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). If any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and such class action shall be exempted from this arbitration provision and brought in court. This arbitration provision may be enforced in any court of competent jurisdiction.
Terms of Sale
1. Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
2. Errors
We attempt to be as accurate as possible and to eliminate errors on the websites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the websites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. Out-of-Stock Items; Backorders
If the color or size you want is not listed in the "Choose Your Color/Size" drop-down box on the Product Information page, it is not then available for ordering. Please check back later.
4. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the websites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
5. Shipping & Handling; No Export by You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the websites when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Faster shipping times are available for an additional fee. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the websites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
6. Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the websites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
7. Returns and Exchanges of Products
Please see our Returns & Exchanges page for information regarding our policies for returning and/or exchanging your purchases.
If you believe a product sold by Beyond Clothing has a condition or defect that might make it unsafe, please send us an email at Legal@beyondclothing.com.
8. Complaints and Legal Notices
All complaints and legal notices should be mailed to Beyond Clothing, Attn: Legal Department, 3201 N. Airport Way, Manteca, CA 95336. If a law requires us to accept legal notices via email, please contact us at Legal@beyondclothing.com.. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or 1-800-952-5210.
9. Warranty Information
Beyond Clothing warrants each product sold by Beyond Clothing or its authorized dealers to be free of defects in materials or workmanship for as long as you own the product, or for the maximum period allowed by the laws of your jurisdiction, if less.
Please see our Warranty & Repair Service page for full details including exclusions.
10. Exclusive Remedy for Any Breach of Warranty; Limitation of Liability
Your sole and exclusive remedy, and Beyond Clothing's sole and exclusive liability, for any breach of warranty by Beyond Clothing shall be your right to return the product or receive a refund, as provided in Beyond Clothing Return Instructions .
IN NO EVENT SHALL THE BEYOND CLOTHING PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE BEYOND CLOTHING PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE THE BEYOND CLOTHING PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITES, OR FOR THE BEYOND CLOTHING PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
EFFECTIVE DATE AND CHANGES:
These Terms are effective as of May 19, 2022. We reserve the right to modify these Terms at any time and in our sole discretion, by posting the revised Terms on this page. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.
