Website Terms Of Use

Please Read The Following Terms And Conditions Of Use Carefully Before Using This Website. By Accessing Or Using The Website And Services, You Are Agreeing To The Terms Of Use Below As Well As The Privacy Policy Statement. The Terms of Use and Privacy Policy Statement May Be Updated And Amended From Time To Time.

The Site

These terms and conditions of use ("Terms of Use") regulate your use of the website https://www.eastpak.com ("Site"). The Site is operated by Pattern Inc. ("we" or "Pattern"). Pattern is an authorized vendor of Eastpak^®, a division of VF Outdoor, LLC, and its affiliates in the United States (“Eastpak”). Pattern operates the Site under the authorization of Eastpak. We can be contacted through our Contact Us page, managed by our customer service team. We use the Site to promote and provide information on Eastpak’s products, as well as on Eastpak’s stores and promotional initiatives.

On the Site you can also purchase Eastpak’s products. Purchases on the Site are subject to these Terms of Use.

Account Registration

To access certain functionalities of the Site (for example to review your order history), you are required to register and open a personal account (“Account”). You are responsible for all activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. We or Eastpak are not liable for any loss or damage incurred by you due to your failure to comply with these obligations.

We may terminate or suspend your Account, at any time and without prior notice for the following reasons.:

• 1. We believe that you are using your Account in breach of these Terms of Use.
• 2. We believe that a third party is using your Account without your consent.
• 3. We need to perform reasonable security or maintenance activities.

Use of the Site is available only to persons over the age of 16 who can form legally binding agreements under applicable law. The Site is not intended for use by children under the age of 16. Children under the age of 16 are not to submit any personally identifying information through the Site.

In addition, you may only establish an account if you are 18 years of age or over. To purchase products/services from the Site or to access/use some features on the Site, you may be required to establish an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information

When you register for an account you must (i) provide accurate information, and (ii) update such information as necessary to keep it current and accurate. By establishing an account, you represent and warrant you have the right to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your devices. All activities that occur under your account or password shall be your responsibility.

Use of Data

In order to enable you to access the functionalities of the Site, we may ask you to provide certain personal data. The processing activities we carry out on such data are described in our Privacy Policy. If you do not agree with our practices and policy regarding processing of personal data, we invite you to immediately stop using this Site.

User Content

The Site includes sections which enable users to upload user-generated content ("UGC"). For example, you may be able to upload photographs or to post comments. In relation to such UGC, neither Eastpak nor Pattern is responsible or liable for any UGC you may encounter on or through the Site. To the extent permitted by law, Eastpak shall not be liable for damage resulting from the conduct of other Site users. To the fullest extent permitted by law, Eastpak shall not be liable for any damage that results from UGC or attendance at an Eastpak event. Eastpak shall not be liable for such damages even if Eastpak or Pattern has been advised of the possibility of such damages.

You must not provide any UGC which is illegal, obscene, indecent, libelous. UGC must not foster racial, ethnic, sexual discrimination or hatred or infringe any third-party intellectual property or personal data protection rights. You must not provide any UGC which contains any data, including pictures, of minors. We reserve the right to remove from the Site any UGC which, in our sole discretion, does not meet the above requirements. If such UGC is removed from the Site, the Account of the relevant uploader may be suspended or terminated.

By submitting any UGC to the Site, you warrant you are entitled to do so and have obtained all necessary consents by relevant third parties. Such content shall be deemed non-confidential and non-proprietary.

In relation to UGC provided by you, you grant us and Eastpak an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC. Such use includes but is not limited to save, store, copy, reproduce, publish, distribute, display, modify, translate, and incorporate in other materials.

Do not send through the Site any content, item or information that you do not want to become subject to the above terms.

Intellectual Property

Intellectual property on the Site (except for UGC) is owned by Pattern, Eastpak, or its respective licensors, including materials protected by copyright, trademark, or patent. All Eastpak trademarks, service marks and trade names are owned, registered and/or licensed by Eastpak. All Content (as defined below), is a collective work protected by copyright and is the proprietary property of Pattern, Eastpak, or its respective licensors. Content means text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, and all other Site content other than UGC. ALL RIGHTS RESERVED.

Our Liability and Disclaimer of Warranties

We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our Site.

You Agree That Your Use Of This Site Is At Your Sole Risk. Due To Many Possible Sources Of Information, And Inherent Uncertainties Of Electronic Distribution, Delays, Omissions, Inaccuracies, Or Other Problems With Such Information May Occur. If You Rely On This Site Or Any Material Available Through It, You Do So At Your Own Risk.

This Site Is Provided To You As Is, With All Faults, And As Available. We, Eastpak, And Their Affiliates, Agents, And Licensors Do Not Warrant The Absence Of Defects Or The Accuracy Of The Information Available Through This Site. We, Eastpak, And Their Affiliates, Agents And Licensors Do Not Warrant The Completeness, Currentness, Non-Infringement Of The Information Available Through This Site. We, Eastpak, And Their Affiliates, Agents, and Licensors Do Not Warrant The Merchantability Or Fitness For a Particular Purpose of Information Available Through This Site. We, Eastpak, And Their Affiliates, Agents And Licensors Do Not Guarantee This Site Will Be Error-Free, Continuously Available, Free Of Viruses Or Harmful Components.

To The Extent Legally Permitted Pattern, Eastpak, And Their Affiliates, Agents And Licensors, Are Not Liable For Damages Arising Out Of Use Of Site Information. This Includes, Without Limitation, Consequential, Special, Incidental, Indirect, Or Similar Damages, Loss Of Profit, Business, Savings, Data, And Third Parties’ Claims. Such Limitations Apply Even If We Are Advised Beforehand Of The Possibility Of Such Damages.

These Limitations Of Liability Are Applicable Within The State Of New Jersey. In Addition, Certain Other Jurisdictions Do Not Permit Limitations Of Liability. In Such Jurisdictions, Some Of The Limitations May Not Apply To You.

This Site May Contain Elements Or Links To Websites Maintained By Other Companies, Individuals Or Agencies Which Are Provided As A Convenience To Site Users. These Elements Or Linked Websites Are Not Under Our Control And Are Provided Merely As A Convenience. The Inclusion Of Such Elements Or Links Does Not Imply Any Endorsement. Neither Pattern Or Eastpak Provide Any Warranty In Relation To Such Items, Nor Are They Responsible For The Accuracy Of Information Or Websites.

Neither Pattern Nor Eastpak Monitors Or Reviews The Content Of Such Third-Party Websites. You Are Advised That Your Access By Link To Third Party Websites Is At Your Own Risk. All The Aspects Regarding Such Elements Or Websites (Including Rules On Use And Content) Are Governed By The Relevant Third-Party Terms And Conditions.

The Foregoing Disclaimer Of Warranties Applies Only To Your Use Of The Website, And Does Not Apply To Eastpak Products. Information Concerning Warranties For Eastpak Products Can Be Found Here.

Indemnification

You agree to indemnify and defend Pattern, its affiliates, officers, directors, and licensors against claims, damages, and costs, including attorneys' fees, relating to the below.

• 1. Your UGC, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users.
• 2. Any violation of these Terms of Use, any law, or the rights of any third party.

You agree to indemnify and defend Eastpak, its affiliates, officers, directors, and licensors against claims, damages, and costs, including attorneys' fees, relating to the below.

• 1. Your UGC, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users.
• 2. Any violation of these Terms of Use, any law, or the rights of any third party.

Applicable Law

Your use of this site shall be governed in all respects by the laws of the State of Utah. As such, the laws of Utah, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions. State and federal courts in Salt Lake City, Utah shall have exclusive jurisdiction over disputes related to Site use or these Terms of Use.

Contact Us

If you have any questions about these Terms of Use, please contact Pattern at 1633 W. Innovation Way, Suite 300, Lehi, UT 84043 or email us at privacy@pattern.com.

The Terms of Use are effective as of [ ].