Terms of Service Agreement


Terms of Service Agreement

 

This website (www.exilebase.com), and the information, content, products, and services made made available (collectively referred to as the "Store"), are provided to you by Exile Incorporated, a company with its principal offices in Montana USA ("Exile," “Exile BASE,” “Exile Inc.,” "we," or "us").
For purposes of these Terms of Use and Sale, the term "Product" or "Products" shall mean any wingsuit, parachute, pilot chute, slider, soft link, container, or any other equipment or accessory offered for sale through this website and/or purchased from Exile.
Your use of the Store is governed by these Terms of Use and Sale. By purchasing Products from the Store, you agree to follow and be bound by these Terms of Use and Sale. If you disagree with any of the conditions, do not purchase any Products in this Store.

General:
These Terms of Use and Sale constitute a binding legal contract between Exile and you, the purchaser. We attempt to describe the Products that are available for purchase through the Store as accurately as possible, however, we do not warrant the accuracy of the product descriptions or product manuals. While we make every effort to ensure that Products ordered through this Store are available, we cannot guarantee that such Products are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this occurs, we will refund any payment that you have made for that item. By purchasing a Product through this website, you, the purchaser, agree and acknowledge that engaging in sky-diving, BASE jumping, parachuting, and "wingsuiting" are inherently dangerous activities that should not be attempted without extensive training, planning, and professional supervision. Because of the inherent dangers of the activities, the use of any Product sold by Exile may result in serious injury or death regardless of precautions. Do not use any Product you purchased through this website and/or from Exile without inspecting it and all of its components before each and every use. Do not use any Product you purchased through this website and/or Exile without fully reading and understanding Product manuals.
You acknowledge and agree that even when properly inspected and used, a parachute, or any other product used in connection with such activities, may cause serious bodily harm or even death.

Product Information:
There may be information on our Store and Product manuals that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Store is inaccurate at any time without prior notice (including after you have submitted an order via the Store).

Prices and Payment Terms:
For all purchasers, the prices listed on the website do not include shipping or taxes. The shipping charges will be invoiced according to the preferred method of shipping and the delivery address. Purchasers in certain states, provinces, and countries may be required to pay value-added taxes, sales or use tax, and customs duties for the Products they purchase.
A contract between us will only be formed after you have ordered your Product, you have confirmed your acceptance to these Terms of Use and Sale, we have taken payment, and we email you confirming the transaction (which is our acceptance of the transaction). We reserve the right to reject or cancel your transaction without reason until we affirmatively accept your offer, and we reserve the right to reject or cancel your transaction after our acceptance in case of a material breach of contract.

Cancellations and Refunds:
To cancel a purchase, to return a Product, to report a damaged Product, or to resolve any other questions about your order, including changes in physical dimensions provided by Purchaser, call or email customer support.

Delivery:
Delivery will be to a valid address within the Territory submitted by you. You must check the delivery address on any order acknowledgment we provide and notify us of errors or omissions as soon as possible. The risk of loss of or damage and title to the Product passes to you when the Product is delivered to you.

Jurisdiction and Applicable Law:
This Agreement shall be interpreted and enforced in accordance with the laws of the State of Montana as if performed entirely therein without regard to conflicts of law principles thereof. All disputes arising out of or related to this Agreement will be settled by binding arbitration conducted by the American Arbitration Association, in accordance with its Commercial Arbitration Rules and Procedures. In the event of arbitration, the prevailing party in such arbitration shall be entitled to an award of reasonable attorneys’ fees and costs.

Assumption of Risk:
YOU, THE PURCHASER, ACKNOWLEDGE AND AGREE THAT THE PRODUCTS SOLD BY EXILE INC ARE INTENDED FOR INHERENTLY DANGEROUS RECREATIONAL PURPOSES, AND YOU ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY WHATSOEVER FROM ANY AND ALL INJURIES (INCLUDING DEATH), LOSSES OR DAMAGES TO PERSONS OR PROPERTY ARISING FROM THE USE OF THE PRODUCTS SOLD BY EXILE INC TO YOU, THE PURCHASER.

Limitations of Liability:
EXILE IS NOT LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES OR ANTICIPATED PROFITS, HOWEVER, CAUSED, IN RELATION TO THE PURCHASE AND USE OF ANY PARACHUTE OR OTHER PRODUCT PURCHASED THROUGH THIS WEBSITE. IN NO EVENT SHALL EXILE’S TOTAL LIABILITY TO YOU, AS PURCHASER, OR YOUR ASSIGNS, HEIRS, REPRESENTATIVES, AND OTHER SIMILARLY SITUATED PERSONS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE PURCHASE PRICE PAID BY YOU, THE PURCHASER, FOR THE PARACHUTE OR OTHER PRODUCT.

Disclaimer of Warranties:
THE PARACHUTES AND OTHER PRODUCTS OFFERED FOR SALE AND PURCHASED AT THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXILE INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Warranty by Purchaser:
Purchaser warrants that the information provided to Exile is true and correct, including all information relating to the purchaser’s physical dimensions and measurements, and the purchaser’s skill level as it relates to sky-diving, BASE jumping, or any other parachuting activity. Purchaser agrees that this information is material to the formation of this contract, and therefore Purchaser assumes all risk of inaccurate information provided by Purchaser through this website. The purchaser also warrants that he/she has fully read and understood this Agreement, including but not limited to the terms governing "Limitations of Liability" and "Disclaimer of Warranties."

Electronic Signature Agreement:
By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse, or another device to select an item, button, icon, or similar act/action, or to otherwise provide Exile with information relative to your Product order and purchase, constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Exile.

It is recommended that you print a copy of this Agreement for future reference.
By decline the "Agree & Sign" button, you are rejecting this Agreement in its entirety, and you will not be able to purchase any Products from this Store.

 

 

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Signature Certificate
Document name: Terms of Service Agreement
lock iconUnique Document ID: 5354990ae73ce7b7b525fd3a23e2c82e36d77fa0
Timestamp Audit
July 23, 2021 11:18 am CSTTerms of Service Agreement Uploaded by Chase Reinford - Info@exilebase.com IP 175.107.237.13