2024-06-23 23:59 00 Days : 00 Hours : 00 Mins : 00 Secs

Terms of Use

PIT VIPER Terms of Use


Last Revised: November 22, 2023


The following terms and conditions (these “Terms of Use”) constitute a binding agreement between you and Pit Viper, LLC (“Pit Viper,” “we,” or “us”) with respect to your use of all Pit Viper-owned and Pit Viper-licensed websites and domains (collectively, the “Site”), and the products available on the Site (collectively, the “Products”), including any Content (as defined in Section 2 below). By accessing or using the SITE in any manner (whether automated or otherwise), you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you have reached the age of majority in the jurisdiction where you reside. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE PRODUCTS.
THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR THE PRODUCTS, THESE TERMS OF USE AND/OR OUR PRIVACY POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 16  (ARBITRATION AGREEMENT) BELOW.
THESE TERMS OF USE ALSO INCLUDE A JURY TRIAL WAIVER.
Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective 30 days after posting for current users and immediately for new users, and apply to all access to and use of the Site thereafter. Your continued use of the Products following the posting of revised Terms of Use means that you accept and agree to the changes.  

Scope of and Restrictions on Use. Subject to these Terms of Use, Pit Viper grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Products (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Pit Viper. You agree not to:
collect information from the Site using an automated software tool or manually on a mass basis;
use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
“flood” the Products with requests or otherwise overburden, disrupt, or harm the Products or our systems;
restrict or inhibit other users from accessing or using the Site;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
access or use the Site or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

Ownership. The Site (including the Content) is owned by Pit Viper and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Pit Viper and its licensors. You acknowledge and agree that, as between you and Pit Viper, Pit Viper is and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.  

Account Registration and Security. Access to and use of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Pit Viper of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

User Content.

User Content and Restrictions. The Products may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”). You may not post any User Content that:
is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
encourages criminal conduct;
contains false, misleading, fraudulent, or deceptive claims or content;
gives the impression that it emanates from or is endorsed by Pit Viper or any other person or entity, if this is not the case; or
contains any virus, malware, spyware, or other harmful content or code.

Rights You Grant to Us. You hereby grant to Pit Viper an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Products for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Pit Viper that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

No Responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Pit Viper is not responsible for, and does not endorse, any User Content.

No Obligation to Prescreen, Monitor or Use. Pit Viper does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Products. However, Pit Viper retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Products. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

Submitted Ideas. While we appreciate your interest in the Products and our business, Pit Viper does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Pit Viper might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials.  Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Products or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.

Electronic Communications. The communications between you and Pit Viper via the Products use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Online Purchases and Other Terms and Conditions. All purchases made through the Products or other transactions for the sale of products formed through the Products are governed by our terms of sale available at checkout.  Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Products are incorporated into these Terms of Use.

Privacy Policy. You acknowledge and agree that all information collected by Pit Viper is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Sweepstakes, Contests, and Games.  In addition to these Terms of Use, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Products may have specific rules that are different from these Terms of Use. We urge you to review the applicable rules before you participate in a Promotion.

Change and Suspension.
 
Changes to the Products. Pit Viper reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Products or any portion thereof (including any Content) at any time. You agree that Pit Viper will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access. Pit Viper has the right to deny access to, and to suspend or terminate your access to, the Products or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use.  In the event that we suspend or terminate your access to the Products, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Disclaimer; Limitation of Liability.

Disclaimer of Warranties. THE SITE, PRODUCTS AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PIT VIPER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PIT VIPER NOR ANY PERSON ASSOCIATED WITH PIT VIPER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PIT VIPER NOR ANYONE ASSOCIATED WITH PIT VIPER REPRESENTS OR WARRANTS THAT THE PRODUCTS OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCTS, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PRODUCTS OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL Pit Viper OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, PRODUCTS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 11.2, PIT VIPER IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL PIT VIPER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO PIT VIPER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE PRODUCTS IS AT YOUR SOLE RISK.

Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.

Indemnification. You agree to indemnify, defend, and hold Pit Viper and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Products and/or any Content, or any violation of these Terms of Use or applicable law.

Copyright Infringement. Pit Viper take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site[ or an Application], a representative list of such works;
identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in your written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA notices is:

Pit Viper, LLC
159 W. Haven Avenue, Salt Lake City, UT 84115
Attn: Legal Department
legal@pitviper.com

*NOTE: This contact information is for inquiries regarding potential copyright infringement only.  

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Third Party Materials. The Products may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Pit Viper is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Pit Viper does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.  Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Linking to the Site. You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

ARBITRATION AGREEMENT.  PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.

  Dispute Resolution.  YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.  THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND PIT VIPER REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:

You may assert claims in your local small claims court if its rules permit it;
Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court; and
In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in Salt Lake City, Utah, and we both consent to the jurisdiction of and venue in those courts for such purposes.  We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.

Prohibition of Class Actions and Non-Individualized Relief.  ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then all of Section 16, other than subsection 16.8, will be null and void and neither of us will be entitled to arbitrate our dispute.

Arbitration Rules.  The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement.  The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would.  The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Pit Viper requests one.  The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Demand for Arbitration.  A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”).   The Demand must:  (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Pit Viper, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants.  The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 16.7) and the then current filing fee required by the AAA.  The Demand must be sent to the AAA at the following address:

American Arbitration Association
Case Filing Products
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043

Alternatively, the Demand may be filed with the AAA online using :  AAA WebFile: https://www.adr.org.  

Filing, Administration and Arbitrator Fees.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Section 16.  Any request for payment of filing, administration, and arbitrator fees by Pit Viper should be submitted by mail to the AAA along with your Demand and Pit Viper will make arrangements to pay all such necessary fees directly to the AAA.  In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by Pit Viper on your behalf that you otherwise would be obligated to pay under the AAA Rules.

OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 16, YOU MUST NOTIFY PIT VIPER IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME.  YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO PIT VIPER AT THE ADDRESS SET FORTH IN SUBSECTION 16.4. YOUR WRITTEN NOTIFICATION TO Pit Viper MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AND PIT VIPER ACCOUNT INFORMATION AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH PIT VIPER THROUGH ARBITRATION.  IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 16, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY, INCLUDING SECTION 16.8, BELOW.

Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 16 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Pit Viper prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Pit Viper. We will notify you of amendments to the arbitration provisions of this Section 16 by posting the amended terms on the Site and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may close your account with Pit Viper within the 30-day period and you will not be bound by the amended terms.

 JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND PIT VIPER EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.  THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.  FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

Miscellaneous.

Geographic Restrictions. Pit Viper is based in the State of Utah in the United States. We make no claims that the Site, Products or the Content are accessible or appropriate outside of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.  

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and Pit Viper with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Products, the Site or these Terms of Use, please email us at legalteam@pitvipersunglasses.com.