Terms of Use for Cotopaxz

These Terms of Use (“Terms”) govern your access to and use of the Cotopaxz website (www.c o t o p a x z .c om) and any related services, content, or features offered by Cotopaxz (“we,” “us,” or “our”) (collectively, the “Service”). By accessing or using the Service, you (“you” or “user”) agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (if you make a purchase through the Service). If you do not agree to these Terms, please do not access or use the Service.

1. Eligibility to Use the Service

To use the Service, you must:

Be at least 13 years of age (or the legal age of majority in your jurisdiction, whichever is higher);
Have the legal capacity to enter into a binding agreement (e.g., not be under guardianship or a minor without parental/guardian consent, where required);
Provide accurate, complete, and up-to-date information when creating an account or using the Service (see Section 2 for account rules);
Comply with all applicable laws, regulations, and these Terms.

We reserve the right to restrict or terminate access to the Service for users who do not meet these eligibility requirements.

2. User Accounts

2.1 Account Creation

To access certain features of the Service (e.g., placing orders, saving favorite products, tracking order history), you may need to create a user account. When creating an account, you agree to:

Choose a unique username and a strong, confidential password;
Not share your account credentials (username, password) with any third party;
Notify us immediately at [email protected] if you suspect unauthorized access to your account;
Update your account information (e.g., email address, shipping address) promptly if it changes.

We are not liable for any loss or damage caused by your failure to protect your account credentials or notify us of unauthorized access.

2.2 Account Responsibility

You are solely responsible for all activities conducted through your account, including:

Purchases made using your account (see our Terms of Purchase for payment and order rules);
Communications sent or received via your account;
Compliance with these Terms.

We may suspend or terminate your account at our sole discretion if:

You violate these Terms (e.g., share unauthorized content, engage in fraud);
Your account is inactive for an extended period (we will notify you via email before termination, where possible);
We suspect fraudulent or illegal activity associated with your account.

3. Use of the Service

3.1 Permitted Uses

You may use the Service only for lawful, personal, and non-commercial purposes (unless you have written permission from us to use it for commercial purposes), including:

Browsing product listings, reading product descriptions, and accessing blog/content related to outdoor gear and apparel;
Creating an account to save preferences, track orders, and make purchases (subject to our Terms of Purchase);
Contacting our customer service team for support (e.g., via the email provided in Section 10).

3.2 Prohibited Uses

You may not use the Service for any of the following activities, and we reserve the right to take action (including account termination or legal action) if you violate these rules:

Upload, post, or share any content that is illegal, harmful, defamatory, harassing, discriminatory, obscene, or infringing of third-party rights (e.g., copyright, trademark, privacy);
Attempt to access, modify, or disrupt the Service’s technical infrastructure (e.g., servers, databases, coding) or use automated tools (e.g., bots, scrapers) to collect data from the Service without our written permission;
Use the Service to commit fraud, phish for personal information, or promote counterfeit products;
Resell, license, or distribute any content from the Service (e.g., product images, descriptions, blog posts) without our explicit written consent;
Violate any applicable laws, regulations, or third-party agreements (e.g., payment processor rules, intellectual property laws);
Impersonate any person or entity (e.g., a Cotopaxz employee, another user) or misrepresent your affiliation with any person or entity.

4. Intellectual Property Rights

All content on the Service—including product images, descriptions, logos, brand names, blog posts, videos, and code (collectively, “Intellectual Property”)—is owned by Cotopaxz or our licensors (e.g., brand partners) and protected by copyright, trademark, and other intellectual property laws worldwide.

You do not acquire any ownership rights to the Service or its Intellectual Property by accessing or using the Service. You may only use the Intellectual Property as explicitly permitted by these Terms (e.g., saving a product image for personal reference) or with our written permission. Unauthorized use of our Intellectual Property may result in legal action.

5. Third-Party Links and Content

The Service may contain links to third-party websites, services, or content (e.g., partner brand sites, outdoor blogs, social media platforms). These links are provided for your convenience only, and we do not control or endorse third-party content.

We are not responsible for the accuracy, legality, or safety of third-party websites or content. Your use of third-party sites is subject to their own terms of use and privacy policies—we encourage you to review these before accessing them.

6. Service Availability and Modifications

We strive to keep the Service available 24/7, but we do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to:

Maintenance, updates, or technical issues;
Circumstances beyond our control (e.g., internet outages, cyberattacks, natural disasters).

We reserve the right to modify, suspend, or discontinue any part of the Service (e.g., adding/removing features, updating product categories) at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

7. User-Generated Content (If Applicable)

If the Service allows you to post or share user-generated content (e.g., reviews, photos of your outdoor adventures, comments on blog posts) (“UGC”), you agree to:

Own or have the necessary rights (e.g., copyright) to share the UGC;
Ensure the UGC does not violate these Terms, applicable laws, or third-party rights;
Grant Cotopaxz a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the UGC for purposes related to the Service (e.g., promoting products, sharing customer stories) — this license will terminate if you request removal of your UGC (see Section 8).

We reserve the right to review, edit, or remove UGC at our sole discretion if it violates these Terms or is otherwise inappropriate. We do not endorse or take responsibility for UGC posted by users.

8. User Rights to Access/Remove Data

You have the right to access, correct, or request the removal of your personal data associated with your account (e.g., name, email address, purchase history) in accordance with our Privacy Policy. To exercise these rights:

Update account information directly through your account settings (if available);
Contact us at [email protected] with a clear request (e.g., “Request to delete my account” or “Correct my shipping address”).

We will respond to your request within 30 days (as required by applicable privacy laws) and take reasonable steps to fulfill it, subject to legal obligations (e.g., retaining order records for tax purposes).

9. Limitation of Liability

To the maximum extent permitted by applicable law:

Cotopaxz shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Service (e.g., loss of data, missed purchases, damage to your device);
We shall not be liable for any damages caused by: (i) errors or omissions in Service content; (ii) interruptions to the Service; (iii) third-party links or content; (iv) your violation of these Terms; or (v) circumstances beyond our control;
Our total liability to you for any claim related to the Service shall not exceed $100 USD (or the equivalent in your local currency, if lower).

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 Cotopaxz, our employees, directors, partners, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from:

Your use of the Service;
Your violation of these Terms or applicable laws;
Your UGC (if you post any);
Unauthorized use of your account.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or the Service. When we make changes:

We will revise the “Last Updated” date at the top of this page;
We will post the updated Terms on the Service (typically in the “Legal” or “About Us” section);
We may notify you of significant changes via email (if you have an account and opted in to communications).

Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms regularly.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association (AAA). Arbitration awards shall be final and binding on both parties.

You agree that you will not bring any class action or collective claim against Cotopaxz related to the Service.

13. Contact Us

If you have questions, concerns, or disputes related to these Terms or the Service, please contact us at:

Email: [email protected]

We will respond to your inquiry within 2–3 business days and work to resolve any issues promptly.

Last Updated: 2025.09.18