Cotopaxi Terms of Use: Rules for Exploring Our Outdoor Gear Website

Welcome to Cotopaxi (www.cotopaxi.com)—your go-to destination for durable, sustainable outdoor gear, from backpacks and tents to jackets and hydration packs. By accessing, browsing, or using our website—including creating an account, exploring product details, placing orders, or engaging with community features—you (“User” or “you”) agree to comply with and be bound by these Terms of Use (“Terms”). These Terms govern your relationship with Cotopaxi (“we,” “us,” or “our”) and outline the rules, rights, and responsibilities for using our platform. If you do not agree to these Terms, please do not use our website.

1. Eligibility to Use the Website

To access and use our website, you must meet the following criteria:

  • Be at least 18 years old (or have the consent of a parent or legal guardian if you are under 18, with such guardian agreeing to be bound by these Terms on your behalf).
  • Have the legal capacity to enter into a binding contract (e.g., not be under a legal disability that prevents you from understanding and agreeing to these Terms).
  • Provide accurate, complete, and up-to-date information when creating an account or interacting with our services (e.g., valid email address, truthful shipping details for gear delivery).
  • Use the website only for lawful purposes and in compliance with these Terms, as well as all applicable local, state, federal, and international laws (e.g., laws governing online commerce, data privacy, and consumer protection for outdoor products).

2. User Accounts

a. Account Creation & Maintenance

To access certain features of our website (e.g., saving order history for future gear purchases, tracking shipments of tents or backpacks, storing preferences like “waterproof gear only”), you may need to create a user account. When creating an account, you agree to:

  • Choose a unique username and a strong, confidential password (do not share your password with third parties, and notify us immediately if you suspect unauthorized access—critical for protecting orders of high-value gear).
  • Provide a valid email address (we recommend using the same address for account communications and reaching our support team at [email protected]).
  • Update your account information promptly if there are changes (e.g., new shipping address for upcoming camping trips, updated phone number for delivery coordination) to ensure accurate order processing and communication.

b. Account Responsibility

You are solely responsible for all activities conducted through your account, including orders placed for gear, payments made, and messages sent to our team. We will not be liable for any losses, damages, or unauthorized charges resulting from your failure to protect your account credentials (e.g., shared passwords, compromised devices leading to unauthorized tent purchases). If you notice suspicious activity (e.g., unrecognized orders for backpacks, login attempts from unknown locations), contact us at [email protected] within 24 hours to secure your account.

c. Account Suspension & Termination

We reserve the right to suspend or terminate your account at any time, with or without prior notice, if:

  • You violate these Terms (e.g., providing false information to order gear, engaging in fraudulent activity, misusing our product content).
  • Your account is inactive for 12 consecutive months (we will notify you via email 30 days before termination to allow reactivation—helpful if you’re planning a future adventure and want to retain your gear preferences).
  • We believe your account poses a risk to our website, other users, or our business (e.g., suspected spam related to outdoor gear, unauthorized data collection about our products, or violations of outdoor industry regulations).

3. Intellectual Property Rights

a. Ownership of Website Content

All content on the Cotopaxi website—including product images (of backpacks, tents, jackets), gear specifications (e.g., waterproof ratings, weight details), outdoor guides (e.g., “How to Choose a Camping Tent”), blog posts, logos, trademarks (“Cotopaxi” and related brand marks), videos, and design elements—is the exclusive property of Cotopaxi or our licensors. This content is protected by copyright, trademark, and other intellectual property laws worldwide.

b. Permitted Use of Content

You may access and use website content only for personal, non-commercial purposes related to your outdoor gear needs, such as:

  • Browsing product details to decide which tent or backpack fits your hiking trip.
  • Saving gear care guides (e.g., “How to Clean a Waterproof Jacket”) for personal reference.
  • Sharing content via official social media links (e.g., “Share on Instagram”) provided on our website to show off your Cotopaxi gear on adventures.

You may not use our content for any other purpose, including but not limited to:

  • Copying, reproducing, modifying, distributing, selling, licensing, or republishing content without our prior written permission (e.g., using our tent images to sell counterfeit gear).
  • Using our trademarks or logos in any way that implies affiliation with or endorsement by Cotopaxi (e.g., creating a fake “Cotopaxi Outlet” site, using our brand name on non-authorized outdoor products).
  • Scraping, crawling, or harvesting data from the website (e.g., using automated tools to collect gear prices, specifications, or user information) without our written consent—this undermines our ability to provide accurate, up-to-date info for all users.

c. User-Generated Content (If Applicable)

If our website allows you to submit user-generated content (e.g., product reviews of your backpack, photos of your Cotopaxi gear on a mountain hike, tips for using a tent in rain), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content for marketing, promotional, or website improvement purposes (e.g., featuring your review on a tent product page, sharing your hike photo on our social media). By submitting content, you represent that:

  • You own the content or have the legal right to submit it (e.g., no third-party copyright or privacy violations—don’t share photos of others without their consent).
  • The content is truthful, non-defamatory, and does not contain offensive, harmful, or illegal material (e.g., no false claims about a jacket’s waterproofing, no discriminatory language about outdoor enthusiasts).
  • The content does not promote non-Cotopaxi gear or violate our brand values (e.g., no posts advocating for unsustainable outdoor practices).

We reserve the right to moderate, edit, or remove user-generated content at our discretion—including rejecting content that misrepresents our gear or conflicts with our commitment to sustainable outdoor adventures.

4. Prohibited Uses of the Website

You may not use the Cotopaxi website for any unlawful, harmful, or disruptive purpose. Prohibited activities include, but are not limited to:

  • Engaging in fraudulent behavior (e.g., using stolen payment methods to buy gear, placing orders with false shipping addresses to resell products, impersonating another user or our team member).
  • Uploading or transmitting viruses, malware, or other harmful software that could damage our website, servers, or other users’ devices (e.g., phishing links disguised as “tent care guides,” ransomware targeting gear shoppers).
  • Interfering with the website’s functionality (e.g., overloading servers with excessive requests for gear info, bypassing security measures to access unpublished product details, manipulating search results to hide out-of-stock items).
  • Violating the privacy of other users (e.g., collecting or sharing their personal information without consent, posting private messages about gear orders publicly).
  • Promoting or selling third-party products/services (especially non-outdoor or counterfeit gear) on our website or using our platform to redirect traffic to external sites for commercial gain.
  • Making false or misleading claims about our gear (e.g., posting fake reviews to defame our brand, spreading misinformation about a backpack’s weight capacity).

We may take legal action against users who engage in prohibited activities, including reporting violations to law enforcement authorities or pursuing civil remedies for damages (e.g., losses from counterfeit gear sales linked to our brand).

5. Third-Party Links & Services

Our website may contain links to third-party websites or services (e.g., payment processors like Stripe, shipping carriers like UPS, outdoor adventure blogs, or sustainability partners). These links are provided for your convenience only—we do not control or endorse third-party platforms, and we are not responsible for their content, privacy policies, or practices.

Accessing third-party links is at your own risk. For example:

  • When using a third-party payment processor to buy gear, your payment information is governed by their security standards (though we only partner with processors that meet industry-leading requirements like PCI DSS).
  • Links to outdoor blogs or forums are for additional adventure tips, but we do not verify the accuracy of their content (e.g., a blog’s “best hiking trails” list may not align with our gear’s intended use).

We recommend reviewing the terms of use and privacy policies of any third-party website before using their services.

6. Website Availability & Limitations

a. Website Access

We strive to make the Cotopaxi website available 24/7, especially during peak seasons for outdoor gear shopping (e.g., spring camping prep, fall hiking season). However, we do not guarantee uninterrupted access. The website may be temporarily unavailable due to:

  • Scheduled maintenance or updates (we will post notices of planned downtime on our homepage or via email to registered users when possible—e.g., “Website maintenance 10 PM–12 AM MST: Gear orders may be delayed”).
  • Unscheduled technical issues (e.g., server outages, internet connectivity problems, or cyberattacks targeting outdoor retail sites).
  • Circumstances beyond our control (e.g., natural disasters disrupting data centers, power outages affecting our team’s ability to resolve issues).

We will not be liable for any damages or losses resulting from temporary website unavailability (e.g., missing a gear sale due to downtime), but we will work to restore access as quickly as possible—especially during times when users are planning urgent adventures.

b. Accuracy of Information

We make reasonable efforts to ensure that website information—including gear prices, specifications (e.g., tent size, jacket waterproof rating), availability, and outdoor guides—is accurate and up-to-date. However, we do not warrant that all information is error-free. For example:

  • Gear colors displayed on your device may vary slightly from the actual product (due to screen resolution or lighting—e.g., a “forest green” backpack may look darker on a phone).
  • Product specifications may be updated periodically to reflect improvements (e.g., a tent’s weight may decrease slightly with new materials—we will note changes on product pages and notify customers who purchased the older version if the update affects safety or functionality).
  • Pricing errors may occur due to technical glitches or data entry mistakes (we will cancel orders placed at incorrect prices and notify you promptly, issuing a full refund if payment was already processed).

If you notice an error on our website (e.g., a jacket’s waterproof rating is listed incorrectly), please contact us at [email protected], and we will correct it as soon as possible.

7. Privacy & Data Protection

Your use of the Cotopaxi website is also governed by our Privacy Policy (available on our website footer). The Privacy Policy explains how we collect, use, and protect your personal information (e.g., name, email address, gear preferences, order history) in compliance with data privacy laws (e.g., CCPA, GDPR). By using our website, you agree to the practices outlined in the Privacy Policy—including our use of cookies to personalize your gear recommendations and improve our services.

8. Disclaimers of Warranties

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

  • Implied Warranties of Merchantability: We do not warrant that our gear will meet your specific adventure needs (e.g., a 3-season tent may not be suitable for extreme winter camping, even if used as directed).
  • Implied Warranties of Fitness for a Particular Purpose: We do not warrant that a product will perform beyond its stated specifications (e.g., a backpack rated for 30 pounds may not hold up to 50 pounds, even if used for a short hike).
  • Warranties of Non-Infringement: We do not warrant that third-party content (e.g., user reviews, linked adventure guides) will be free from intellectual property violations.

We also do not warrant that the website will be error-free, secure, or uninterrupted, or that user-generated content about gear will be accurate or trustworthy.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COTOPAXI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO:

  • Damages from website downtime, technical errors, or data breaches (unless caused by our gross negligence).
  • Losses from fraudulent activity or unauthorized account access (unless due to our failure to implement reasonable security measures—e.g., a breach of our payment processing system).
  • Dissatisfaction with gear, including issues related to fit or performance that align with stated specifications (e.g., a jacket that is warm but not as lightweight as expected).
  • Costs associated with replacing gear or changing adventure plans due to website errors or order delays.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR GEAR ON YOUR LAST ORDER (IF ANY). THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will:

  • Post the updated Terms on our website (with a “Last Updated” date at the top of the page).
  • Notify registered users via email (to the address associated with their account) if the changes are material (e.g., affecting account rights, prohibited uses of gear content, or liability limitations).

Your continued use of the website after the updated Terms are posted constitutes your acceptance of the changes. We recommend reviewing these Terms periodically (e.g., every 6 months) to stay informed—especially before ordering gear for a big adventure.

11. Governing Law & Dispute Resolution

a. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. This means that any disputes related to these Terms will be interpreted under Utah law, even if you reside in another state or country.

b. Dispute Resolution

Before initiating legal action, we encourage you to contact us at [email protected] to resolve any disputes, claims, or concerns. Most issues—such as gear order problems, account access issues, or content misunderstandings—can be resolved quickly and amicably through our customer service team (which includes outdoor enthusiasts who understand your gear needs).

If a dispute cannot be resolved informally, you agree to submit to binding arbitration (rather than litigation in court) for any claims arising from or related to these Terms or your use of the website. Arbitration shall be conducted in Salt Lake City, Utah, in accordance with the rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding, and may be enforced by any court of competent jurisdiction.

This section does not apply to claims for injunctive relief (e.g., to stop unauthorized use of our gear trademarks) or claims that must be brought in small claims court (for disputes involving $10,000 or less, depending on state law).

12. Contact Us

If you have any questions, concerns, or requests related to these Terms or your use of the Cotopaxi website—whether about account access, gear content, or prohibited activities—please contact our team at:

  • Email: [email protected]
  • Response Time: We aim to respond to all inquiries within 24 business hours (Monday–Friday), and our team can provide expert help with both website-related questions and gear-specific needs.

By using the Cotopaxi website, you acknowledge that you have read, understood, and agreed to these Terms of Use.