TERMS OF USE

Rev. 04/01/2016

INTRODUCTION

Welcome to Coleman.com, stearnsflotation.com, sevylor.com, aerobed.com, puddlejumperusa.com and eskyseriescoolers.com (the "Websites"). The Websites are provided by The Coleman Company, Inc., a Delaware corporation, ("Coleman") as a service to our customers. Please review the following terms and conditions that govern your use of our Websites. Please note that your use of our Websites constitutes your unconditional agreement to follow and be bound by these Terms of Use and all applicable laws. The terms "you", "your," and "yours" mean you -- the user, customer, and purchaser. The terms "we," "our," and "ours" means Coleman.

Some services provided on the Websites are subject to additional posted conditions. Your use of those services is subject to those additional conditions as well as these Terms of Use. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions will apply.

Use of our Websites is subject to current laws and regulations. Nothing contained in these Terms of Use shall limit Coleman’s right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of the Websites.

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and Coleman. The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of the Websites, including any content, functionality and services offered on or through the Websites, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or buy purchasing products from the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.

INTELLECTUAL PROPERTY RIGHTS

All pages on these Websites are subject to the following copyright notice: © 2016 The Coleman Company, Inc. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips and written and other materials that are part of these Websites and any compilation thereof (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Coleman, one of its affiliates, or by third parties who have licensed their materials to Coleman. The Contents are protected by U.S. and international intellectual property laws and Coleman, its affiliates and licensors expressly reserve all intellectual property rights in the Contents. Access to the Websites does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Websites or any related software. All software used on these Websites is the property of Coleman or its software suppliers and is also protected by U.S. and international copyright laws.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by Coleman. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARK NOTICE

The Coleman®, Stearns®, Sevylor®, AeroBed®, Esky® and Puddle Jumper® names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Coleman. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Contents. Access to these Websites does not authorize anyone to use any name, logo or mark in any manner.

All trademarks contained herein are the property of their respective owners. Realtree AP-Xtra Camouflage Design © 2012 and Realtree MAX-5 Camouflage Design © 2013 of Jordan Outdoor Enterprises, Ltd., all right reserved. Mossy Oak® Break-Up® is a trademark of Haas Outdoors, Inc.

LINKS TO THIRD PARTY SITES

References on the Websites to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Coleman’s endorsement, sponsorship or recommendation of the third party, information, product or service. If you use a third party website you will leave our Websites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Coleman makes no warranty or representation regarding any linked websites.

LINKING TO THE COLEMAN WEBSITE

All links to the Websites must be approved in writing by Coleman, except that Coleman consents to links in which: (i) the link is a text-only link containing only the name "The Coleman Company, Inc."; (ii) the link "points" only to www.Coleman.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Coleman nor be such as to damage or dilute the goodwill associated with the name and trademarks of Coleman or its Affiliates. Coleman reserves the right to revoke the consent to link at any time in its sole discretion.

ACCURACY OF INFORMATION

While Coleman uses reasonable efforts to ensure the Websites are accurate and up to date, the information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Coleman, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Coleman. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.

PRICING; ORDER ACCEPTANCE; PAYMENT; SALES TAX

While Coleman strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Coleman shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Coleman may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. While it is Coleman’s practice to confirm orders by email, the receipt of an order confirmation email does not constitute the acceptance of an order. Coleman may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that we are unable to accept and must cancel/change. Coleman reserves the right, at our sole discretion, to refuse service to any customer or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit department. Coleman will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped but if your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

You are responsible for all sales taxes on your purchase. Tax exemption certificates cannot be accepted on Coleman orders.  Due to varying state tax laws pertaining to non-profit groups, Coleman is not able to exempt any non-profit groups from paying sales tax on online orders. If you have registered for our non-profit program, you do receive special pricing on all Coleman products, as we strive to make it simple for church, scouting, schools and other non-profit groups to purchase the outdoor products they need. We apologize for any inconvenience.

SHIPPING CHARGES

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Websites. Coleman offers shipping within the United States, U.S. territories, and to APO/FPO. All purchases from the Websites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs. Upon shipment, Coleman may email you a tracking number.

PRODUCTS, SERVICES AND SPECIFICATIONS

All features, Content, specifications, products and services described or depicted on the Websites are subject to change at any time without notice. All reasonable measures are taken to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. Coleman cannot guarantee that your monitor will accurately display such colors. The inclusion of any products or services on the Websites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from these Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.

EXCHANGES, REFUNDS, AND RETURNS

Coleman does not accept exchanges, refunds and returns other than for warranty service. Should you have any questions regarding the operation of your product or for warranty service, please contact us at 1-800-835-3278 or email us.

PRODUCT WARRANTY

Most Coleman products have a limited warranty from the date of original retail purchase providing that the product will be free from defects in material and workmanship. The length of a limited warranty varies by product. However, some products such as disposable items and most accessories do not carry a warranty. Please refer to your product or its packaging for the exact terms and conditions of any limited warranty for your purchase.

If a warranty is offered it is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. Keep the original sales receipt. Proof of purchase is required to obtain warranty performance. Coleman dealers, service centers, or retail stores selling Coleman products do not have the right to alter, modify or in any way change the terms and conditions of the warranty. The warranty included with your purchased product is your exclusive warranty.

Should you have any questions regarding warranty service, please visit the Warranty page of the Websites, contact us at 1-800-835-3278 or email us.

DISCLAIMER

THE WEBSITES ARE PROVIDED BY COLEMAN ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLEMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON ITS WEBSITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COLEMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THESE WEBSITES, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COLEMAN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THESE WEBSITES AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF COLEMAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COLEMAN BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THESE WEBSITES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Any cause of action you may have with respect to your use of these Websites and the Contents of each must be commenced within one (1) year after the claim or cause of action arises.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Coleman, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Website's Content and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

REVISIONS TO TERMS OF USE AND WEBSITE

Coleman may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in the Waiver and Choice of Law section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

INTERNATIONAL USERS

These Websites are controlled, operated and administered by Coleman from its offices within the United States of America. Coleman makes no representation that materials on the Websites are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Websites or export the Content in violation of U. S. export laws and regulations. If you access the Websites from a location outside of the United States, you are responsible for compliance with all local laws.

WAIVER AND CHOICE OF LAW

No waiver by Coleman of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Coleman to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Terms of Use constitute the entire agreement between Coleman and you with respect to your use of the Websites. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be governed by the laws of the state of Kansas without regard to its laws on conflicts of law, and the federal law of the United States of America. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in Wichita, Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Coleman will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites.

Coleman reserves the right, without obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of the Websites;
  • To disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use; and
  • Establish general rules concerning use of our Websites.

INVENTION AND IDEA SUBMISSIONS

As you can understand, Coleman may be working on a new or improved product when it receives a similar suggestion from an inventor. If Coleman proceeds with its new product, it is natural for the inventor to think that Coleman used the inventor's idea and that the inventor should be compensated. In order to protect inventors as well as Coleman, only patented inventions will be considered for review. If you have already obtained a patent, and are interested in sharing it with Coleman, please click here or visit the Innovation page of the Websites. Please do not send any confidential information with the patent otherwise the submission will not be considered.

ENTIRE AGREEMENT

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Coleman with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.