Terms of Use for Cotopaxc

Last Updated: 2025.09.17

These Terms of Use (“Terms”) govern your access to and use of the Cotopaxc website (www.cotopaxc.com, the “Site”), including all content, features, and services offered through the Site (collectively, “Services”). Cotopaxc (“we,” “us,” or “our”) provides the Site and Services to you (“you” or “User”) subject to your compliance with these Terms. By accessing or using the Site or Services, you agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (where applicable). If you do not agree to these Terms, please do not use the Site or Services.

1. Eligibility to Use the Site

To use the Site and Services, you must:

Be at least 13 years of age (or the age of majority in your jurisdiction, whichever is higher);
Have the legal capacity to enter into a binding agreement (if you are using the Site on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms);
Provide accurate, complete, and up-to-date information when required (e.g., for account creation or order placement);
Comply with all applicable laws, regulations, and these Terms.

We reserve the right to restrict access to the Site or Services if we believe you do not meet these eligibility requirements.

2. Account Creation and Management

2.1 Account Registration

You may choose to create a user account (“Account”) to access additional features of the Site (e.g., saving order history, storing shipping addresses, tracking orders). When creating an Account, you must:

Choose a unique username and a strong, secure password;
Provide a valid email address (we may send Account-related communications, including security alerts, to this address);
Update your Account information promptly if it changes (e.g., email address, shipping details).

2.2 Account Security

You are solely responsible for maintaining the security of your Account, including your password. You agree to:

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 or any security breach;
Accept responsibility for all activities that occur under your Account (whether initiated by you or a third party with your credentials).

We are not liable for any loss or damage resulting from your failure to maintain Account security.

3. Permitted Use of the Site

You may use the Site and Services only for lawful purposes and in a manner that complies with these Terms. Permitted uses include:

Browsing the Site to view Product information, outdoor adventure resources, or company updates;
Creating an Account (if eligible) to access personalized features;
Placing orders for Products in accordance with our Terms of Purchase;
Contacting our customer support team for assistance with the Site, Services, or Products.

4. Prohibited Uses

You agree not to use the Site or Services for any of the following prohibited activities:

Violating any applicable local, state, national, or international law (e.g., fraud, money laundering, copyright infringement);
Accessing or attempting to access restricted areas of the Site (e.g., administrative portals) without authorization;
Using automated tools (e.g., bots, scrapers, crawlers) to collect, copy, or extract data from the Site (unless explicitly permitted by us in writing);
Uploading, posting, or transmitting any content that is unlawful, harmful, offensive, defamatory, obscene, or infringing (e.g., malware, copyrighted material without permission);
Interfering with the Site’s functionality (e.g., disrupting server operations, overloading the Site with excessive requests);
Impersonating another person or entity (e.g., pretending to be a Cotopaxc employee, using a fake identity);
Attempting to reverse engineer, modify, or tamper with the Site’s software, code, or design;
Using the Site to send unsolicited commercial communications (e.g., spam emails, phishing messages);
Reselling, licensing, or distributing any content or Services from the Site without our prior written consent.

We may take action (e.g., suspending your Account, blocking your IP address) if we detect or suspect prohibited use.

5. Intellectual Property Rights

All content on the Site—including but not limited to text, images, logos, trademarks, Product designs, videos, and software (“Intellectual Property”)—is owned by Cotopaxc or our licensors. These Terms do not grant you any ownership rights to the Site’s Intellectual Property. You may:

View, download, or print content from the Site for personal, non-commercial use only (e.g., saving a Product catalog for reference);
Not reproduce, distribute, modify, display, or create derivative works of any Intellectual Property without our explicit written permission.

“Cotopaxc” and our brand logos are registered or unregistered trademarks of Cotopaxc. You may not use these trademarks in any way that could cause confusion or imply affiliation with us without prior approval.

6. Third-Party Links and Content

The Site may contain links to third-party websites, services, or content (e.g., blog posts linking to outdoor guides, social media profiles). These links are provided for your convenience only—we do not control, endorse, or assume responsibility for any third-party content or services. Your use of third-party websites is subject to their own terms of use and privacy policies. We are not liable for any loss or damage arising from your interaction with third-party content.

7. Site Availability and Updates

We strive to keep the Site and Services available 24/7, but we do not guarantee uninterrupted access. We may temporarily suspend or restrict access to the Site for:

Maintenance, updates, or improvements (we will attempt to notify users of scheduled downtime via the Site or email where possible);
Emergencies (e.g., server failures, security breaches);
Legal or regulatory requirements.

We reserve the right to modify or discontinue any feature of the Site or Services at any time, with or without notice. We are not liable for any loss or inconvenience caused by Site downtime or changes to the Services.

8. Disclaimer of Warranties

The Site and Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law:

We disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement (e.g., we do not warrant that the Site will be error-free, secure, or compatible with all devices);
We do not warrant the accuracy, completeness, or reliability of any content on the Site (e.g., Product descriptions, adventure tips) or third-party links;
Any reliance you place on the Site’s content or Services is at your own risk.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

Cotopaxc shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Site or Services (including but not limited to loss of data, lost profits, or inconvenience);
Our total liability to you for any claim related to the Site or Services (whether for breach of contract, negligence, or otherwise) shall not exceed $100 USD or the amount you paid to us for Products or Services in the past 12 months (whichever is higher);
We are not liable for any damages caused by events beyond our reasonable control (e.g., natural disasters, internet outages, third-party service failures).

This limitation of liability applies even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Cotopaxc, our employees, directors, affiliates, and licensors from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Site or Services (including any prohibited use);
Your violation of these Terms, applicable laws, or the rights of any third party (e.g., copyright infringement, defamation);
Your Account activity (whether initiated by you or a third party);
Your submission of content to the Site.

11. Changes to These Terms

We may update these Terms of Use from time to time to reflect changes in our business practices, legal requirements, or the Site’s features. 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 Site (typically under a “Legal” or “Terms” section);
For material changes (e.g., changes to liability limits or Account security rules), we may also notify you via email (if you have an Account) or a prominent notice on the Site.

Your continued use of the Site or Services after the updated Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

12. Termination

We may terminate or suspend your access to the Site or Services at any time, with or without notice, if:

You violate these Terms (e.g., prohibited use, Account fraud);
You fail to provide accurate or up-to-date Account information;
We discontinue the Site or a specific Service.

Upon termination:

Your right to use the Site or Services will immediately cease;
You should delete any downloaded content from the Site (unless permitted for personal use);
Provisions of these Terms that survive termination (e.g., intellectual property rights, limitation of liability, indemnification) will remain in effect.

13. Governing Law and Disputes

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, the Site, or Services 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 shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties. You and we waive the right to a jury trial or class action in connection with any dispute.

14. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Use, the Site, or Services, please contact our team at:

Email: [email protected]

Subject Line: “Terms of Use Inquiry”

We will respond to your inquiry as promptly as possible and work to resolve any issues to your satisfaction.

Thank you for being part of the Cotopaxc outdoor adventure community.

The Cotopaxc Team