Privacy Policy

KELTY’S PRIVACY POLICY

Kelty respects your privacy. Accordingly, it has adopted the following privacy policy. This policy notifies you of:

• what personally identifiable information of yours is collected from you through Kelty’s website,
• the organization collecting the information,
• how the information is used,
• with whom the information may be shared,
• what choices are available to you regarding collection, use and distribution of the information,
• the kind of procedures we employ in an effort to hinder the unauthorized access, deletion, alteration, use or disclosure of information you provide to Kelty, and
• how you can correct any inaccuracies in the information you provide to us.

If you have questions or concerns regarding this statement, you should contact us by sending an email to info@kelty.com or by calling 1-800-535-3589.

SCOPE OF POLICY

This policy applies to Kelty’s treatment of personally identifiable information that Kelty collects through Kelty's website and when you use Kelty's services. The policy does not apply to practices of companies whose websites may be linked to Kelty. For access to the privacy policies of such linked websites, please refer to the information provided by such websites at their home pages. Also see the paragraph below under the heading "Hypertext Links".

INFORMATION COLLECTION AND USE

Kelty collects personally identifiable information when you request information from Kelty. On such occasions, Kelty may ask for your name, email address, zip code and personal information concerning your interests, occupation, gender and other demographic information. Kelty also receives and records information from server logs from your browser including cookie information relating to pages requested.

Kelty does not seek to collect such information from persons under the age of 18. If you are under the age of 18, please do not submit any such information to us. If you are the parent or guardian of a person under the age of 18 who has provided such information to us, please inform us (through the Kelty website or telephone number listed above) and we will remove such information from our database as described further below.

In addition, no person (of any age) is required to provide us with the personally identifiable information we request. If you do not wish to provide such information, you are free not to do so. Your provision of requested information to us through Kelty’s website or other means is presumed by us to be voluntary and with your consent to the uses described herein. If after submitting personally identifiable information to us, you wish to "opt-out," please contact us as noted above and we will remove your information from our database as set forth below in the section titled "Managing Your Information." Please know that such a decision will not stop advertising or content that is generated prior to the time when we can accomplish the removal of your information.

Kelty uses the information you provide to us to customize advertising and content that we present to you, to contact you concerning specials and new products and to enhance our product offerings. Kelty will not sell or rent your personally identifiable information to any third party except when:

• You have been given an opportunity to "opt out" of sharing the information and have declined to exercise that right within the time period provided;
• Kelty must share the information in order to provide a product or service that you have requested, in which case we will demand that any third party we use to fulfill your order agree that it does not have the right to use the personally identifiable information other than to fulfill your request; or
• Kelty is required to respond to subpoena, court orders or other legal process requiring such disclosure.

USE OF COOKIES

Kelty uses cookies to enhance the interactive nature of your Internet experience and to provide a convenient feature to save you time. Cookies enable Kelty to quickly retrieve specific information from previous visits and to recall features that you may have customized on your browser.

MANAGING YOUR INFORMATION

You are entitled to request access to and correction of all your personal data collected by us via Kelty’s website, as well as to require us to delete your data if you no longer want us to process it. You can make such a request or a related inquiry by sending an email to info@kelty.com or by calling 1-800-535-3589. Please note that there may be a small charge for making an access request or it may be free, depending on the circumstances. You can find out more details by emailing or calling us as provided above. We will keep your data as long as it is reasonably necessary for the purposes described in this privacy policy. You may choose not to receive unsolicited marketing material from Kelty and you have the right to request deletion of your Kelty account information, subject to Kelty's need to keep appropriate archives of its business operations.

SECURITY

Kelty employs reasonable measures to maintain all personally identifiable information provided by you on computer servers in a controlled and secured environment in an effort to hinder unauthorized access, loss, alteration, use or disclosure of such information. However, the nature of the Internet is such that information may be transmitted over networks without appropriate security measures and may be accessed, deleted, altered, used or disclosed by unauthorized persons.

Because of the international nature of the services and products provided by Kelty’s website and the nature of Kelty's business, personal data may, subject to applicable law, be transferred internationally throughout Kelty world-wide for the purposes described above. This may mean that personal data are transferred to countries which do not have laws or regulations which protect personal data, such as the United States, where the server for Kelty’s website is located. We use reasonable measures to limit the disclosure of the data you provide to us only to certain staff within Kelty and its affiliates (i.e. staff whose job it is to process your inquiries and survey answers or otherwise to administer Kelty’s website, and those staff involved in the provision of Kelty services and products which may be of interest to you) and to require that they process the data only for the purposes identified in this privacy policy.

MODIFICATIONS TO THIS POLICY

Kelty may make modifications or amendments to this policy from time to time. In the event that such changes alter how Kelty gathers, processes, uses or discloses your personally identifiable information, Kelty will post such changes on our site.

INTELLECTUAL PROPERTY

Kelty, its suppliers, licensors, or the original creators of all materials on Kelty’s website own all copyrightable subject matter on Kelty’s website and all trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Kelty and/or such other parties. No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products processes and other proprietary rights of Kelty and/or other parties is granted to or conferred upon you. In addition, direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy Kelty’s website is strictly prohibited.

Notwithstanding the foregoing, Kelty hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring Kelty products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any other use of materials on this site, including reproduction for purposes other than those expressly permitted above, modification, distribution, or republication, without prior written permission of Kelty is strictly prohibited. Any copy made by you as permitted above must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.

HYPERTEXT LINKS

In the event this website contains hypertext links to websites that are not created or maintained by Kelty, this privacy policy applies only to Kelty’s website and not to any of these third party websites. Kelty is not responsible for the accuracy, relevance, timeliness, or completeness of those third party websites. The inclusion of any link to such websites does not imply endorsement, sponsorship, or recommendation by Kelty of the third party websites. Kelty disclaims any liability for links (1) from another website to this website and (2) to another website from this website. Kelty cannot guarantee the standards of any website to which links are provided on Kelty’s website, nor shall Kelty be held responsible for the contents of those websites, or any subsequent links. For this reason, Kelty does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Kelty does not endorse the contents of these third party websites in any way. Also, Kelty is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.

Revised 2/2008

Terms of Use
1. General
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Kelty. In consideration of your use of and access to this Internet website (“Kelty website”) and the promises and obligations herein, and intending to be legally bound, you and Kelty hereby agree that your access to and use of the Kelty website is subject to these Terms, as well as any modifications issued by Kelty to these Terms, and all applicable laws and regulations. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not agree to be bound by these Terms, please do not use the Kelty website.

Among other things, Kelty provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Kelty in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Kelty website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Changes in Terms
Kelty shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Kelty website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Kelty website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Kelty to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Kelty shall be valid or enforceable against Kelty unless expressly agreed to by Kelty in a writing signed by a duly authorized representative of Kelty.

3. Termination
Kelty reserves the right to immediately terminate this agreement and/or your access to and use of the Kelty website or any portion thereof, at any time and for any reason, with or without cause. Kelty shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Kelty website shall immediately cease.

4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Kelty website and your purchase of items from Kelty (if applicable) on the Kelty website.

5. Content
All design and content featured on the Kelty website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Kelty. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. Kelty may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Kelty in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Kelty website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Kelty does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Kelty website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Kelty, is strictly prohibited.

6. Linked Third Party Sites
Links to other Internet websites operated by third parties, including Kelty vendors, do not constitute sponsorship, endorsement, or approval by Kelty of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Kelty, and Kelty is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

7. Prices; Orders (Applicable If Products Are Sold on the Kelty Website)
All prices displayed on the Kelty website are quoted in U.S. dollars. Kelty may restrict delivery to addresses within the United States and Canada. Kelty will add shipping and handling fees and applicable sales/use tax as necessary. Kelty reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Kelty website without incurring any obligation to you. Products displayed on the Kelty website are available while supplies last. The receipt by you of an order confirmation does not constitute Kelty's acceptance of an order. Prior to Kelty's acceptance of an order, verification of information may be required. Kelty reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Kelty, for any reason. Kelty reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Kelty shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kelty shall promptly issue a credit to your credit card account in the amount of the incorrect price.

8. Disclaimer
KELTY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE KELTY WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. KELTY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE KELTY WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT KELTY OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE KELTY WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KELTY, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE KELTY WEBSITE, EVEN IF KELTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KELTY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

10. Indemnification
You agree to defend, indemnify, and hold harmless Kelty, its subsidiaries and affiliates, Kelty's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.

11. Governing Law
This agreement is governed by and construed in accordance with the laws of the State of Missouri, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of St. Louis, State of Missouri, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Revised 2/2008