Terms of Use

Please read the following terms of use carefully before using our website contrailbags.com (“Site”). If you do not agree to these terms and conditions, please do not use our site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms of Use.

By using our Site, 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 Site. In addition, when you use any current or future version of the Site, you also will be subject to the Terms of Use as stated herein.

Contrail may, from time to time, modify the terms of use. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the terms of use.

Intellectual Property

All content on this Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Contrail or its content suppliers and protected by United States and international copyright laws. All software used on this Site is the property of Contrail and protected by United States and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Contrail. All rights in the product names, company names, trade names, graphics, logos, product packaging, trade dress and designs of all Contrail or third-party products or services, belong exclusively to Contrail or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any copyright or trademark of Contrail or any third party. The Terms of Use do not transfer from Contrail to you any of Contrail’s or third party intellectual property, and all right, title and interest in and to such property will remain solely with Contrail.

User Information

Other than personally identifiable information, which is subject to this Sites Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Modifications to Site

Contrail reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Contrail will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

Product Information

Contrail attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current, or error-free. If a product offered by Contrail itself is not as described, your sole remedy is to return it in a new, unused condition. Unless otherwise stated, the prices displayed on this Site are quoted in U.S. Dollars.

Disclaimer of Warranties

Unless otherwise specified, the Site is presented solely for the purpose of providing information and materials related to Contrails business and product lines which are distributed world-wide. This Site is controlled and maintained by Contrail from its business operation in Bellevue, Washington.

The Site is provided “as is” without any warranties or representations of any kind, express or implied. Contrail and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Contrail nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content, products or services through the Site at your own discretion and risk and are responsible for compliance with local laws where applicable.

Contrail does not represent or warrant that the Site is accurate, complete, reliable, current or error-free. Contrail does not represent or warrant that the Site or its servers are free of viruses or other harmful components.

Limitation of Liability

In no event shall Contrail, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected to the use of, or inability to use, the complete Site, including without limitation any damages caused by or resulting from reliance by the user on any information obtained from the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Contrails records, programs or services. In no event shall the aggregate liability of Contrail, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to Contrail for access to or use of the Site.

IN NO EVENT WILL CONTRAIL, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, 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 SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO CONTRAIL THROUGH THE SITE; 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 CONTRAIL HAS 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.

Indemnification

You agree to defend, indemnify, and hold harmless Contrail and its affiliates, successors and assigns, and its 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 Contrail arising out of or relating to your use of the Site, your violation of the Terms of Use, or your violation of any rights of another.

Risk of Loss

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

Applicable Law and Venue

These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding any of these Terms, Contrail reserves the right, without notice and in its sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.