Mountain Hardwear Terms of Service
Date of Last Revision: August, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Mountain Hardwear, Inc. and its parent or subsidiaries (collectively, “Mountain Hardwear”) located at www.mountainhardwear.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Mountain Hardwear, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Mountain Hardwear for violations of these Terms.
Mountain Hardwear reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Mountain Hardwear will notify you that the Site Terms have been changed by email or by posting the revised Site Terms on the Site and posting a notice about such changes on the Site. Any changes or modification will be effective immediately upon posting of the revisions on the Site and shall apply to all use of the Site and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, your license to use the Site will terminate and any further use will be unauthorized, so you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to Mountain Hardwear via the contact us form.
2. Terms of Sale
All sales from the Site are sold by Columbia Sportswear USA Corporation, a wholly owned subsidiary of Columbia Sportswear Company and an affiliate of Mountain Hardwear Inc. (collectively “Columbia”) The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Columbia, except to the extent that you have entered into a separate written agreement with Columbia that supersedes some or all of these Sale Terms. These Sales Terms are subject to change without prior written notice at any time, in Columbia’s sole discretion. By placing an order for products through this Web site or any other web site of Columbia (the "Sites"), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Columbia, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
a. Your Account
When you purchase from Mountain Hardwear, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
b. Payment Terms
Mountain Hardwear currently accepts VISA, MasterCard, American Express, Discover credit cards and PayPal.
c. Shipping Terms and Policies
We endeavor to process all orders for in stock items within 1 business day. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Standard shipping is typically via UPS ground and you should allow 3-7 business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process, and you can view our current shipping fee chart here. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB Shipping Point. Title to products passes from Mountain Hardwear to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
d. Return Policy
If you end up with a product that's not quite right, just send it back to us in its unworn, original condition within 30 days of purchase for a full refund. For more information on returns, click here.
e. Product Availability and Pricing
Mountain Hardwear and its suppliers continually upgrade and revise its products and service offerings to provide you with new products and services. Mountain Hardwear may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
f. Product Descriptions; Pricing; Errors
Mountain Hardwear attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Mountain Hardwear is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
h. Who We Sell To
Mountain Hardwear only sells products to adults. If you are under 18, you may use our Site only with involvement of a parent or guardian. Mountain Hardwear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Our outerwear comes with a limited lifetime warranty. For more information about our warranties and how to handle claims, click here.
j. Limitation of Liability
Mountain Hardwear WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, Mountain Hardwear’s LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
k. Governing Law; Venue
These Sale Terms and your purchase of products from Mountain Hardwear though this Site shall be governed by and construed in accordance with the laws of the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Sales Terms or your purchase of products shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
3. Mobile Services and Contact Information
The Site may include certain features or services that are available via your mobile phone (the "Mobile Services"), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you have the option, but are not required, to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier's normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
4. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Mountain Hardwear logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Mountain Hardwear or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Mountain Hardwear, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mountain Hardwear has adopted a policy of terminating, in appropriate circumstances and at Mountain Hardwear‘s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Mountain Hardwear may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
- Name of Agent Designated to Receive Notification of Claimed Infringement: John C. Motley
- Full Address of Designated Agent to Which Notification Should be Sent: 14375 NW Science Park Drive, Portland, OR 97229
- Telephone Number of Designated Agent: 503-985-4012
- Facsimile Number of Designated Agent: 503-985-5012
- E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
“Mountain Hard Wear” the design of a NUT, “Alchemy,” “Conduit,” “Elevated Rewards,” “EV,” “Monkey Man,” “Monkey Woman,” “Performance Elevated,” “Phantom,” Synchro,” “Trango” and “ZWeld” and other product or service names, logos and slogans of Mountain Hardwear that may appear on this web site, are trademarks or registered trademarks of Mountain Hardwear, Inc. or its related companies in the United States and other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mountain Hardwear or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Mountain Hardwear" or any other name, trademark or product or service name of Mountain Hardwear or its related companies without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Mountain Hardwear and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Mountain Hardwear or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Mountain Hardwear logo or other proprietary graphic of Mountain Hardwear to link to this Site without the express written permission of Mountain Hardwear. Further, you may not use, frame or utilize framing techniques to enclose any Mountain Hardwear trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Mountain Hardwear’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Mountain Hardwear or any third party.
Mountain Hardwear makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Mountain Hardwear and Mountain Hardwear is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mountain Hardwear provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Mountain Hardwear of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
Mountain Hardwear may provide or allow third party content on the Site and may provide or allow links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Mountain Hardwear does not monitor or have any control over any Third Party Content or third party Web sites. Mountain Hardwear does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Mountain Hardwear does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Site are strictly the opinion of the user posting such reviews or comments, and Mountain Hardwear does not endorse or approve any such reviews or comments.
10. Advertisements and Promotions; Third-Party Products and Services
Mountain Hardwear may run or allow advertisements and promotions from third parties on the Site or may otherwise provide or allow information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Mountain Hardwear is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Mountain Hardwear advertisers or third party information on the Site.
11. User Content and Interactive Services or Areas
The Site may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that you know or have reason to know is inaccurate, untruthful or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Mountain Hardwear, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Mountain Hardwear or its users to any harm or liability of any type.
12. Rights in User Content and Submissions
Except as otherwise expressly stated by Mountain Hardwear, Mountain Hardwear does not claim ownership of any User Content or other materials you post or upload on the Site or otherwise provide or submit to Mountain Hardwear. However, unless we indicate otherwise, you grant Mountain Hardwear and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the Site unless otherwise indicated on the Site]. You grant Mountain Hardwear and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials regarding the Site, Mountain Hardwear or Mountain Hardwear 's products or services that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and shall become the sole property of Mountain Hardwear. Mountain Hardwear shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. User Conduct
By using the Site, you agree to abide by the Mountain Hardwear Code of Conduct, which states that you agree not to:
- Use the Site or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
- Harvest or collect email addresses or other contact information of other users from the Site or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or Interactive Areas or to extract data;
- Use automated scripts to collect information from or otherwise interact with the Site or Interactive Areas;
- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- Impersonate any person or entity or otherwise misrepresent your age or you affiliation with a person or entity;
- Violate any local, state, national or international law;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from Mountain Hardwear;
- Attempt to circumvent any content filtering techniques we may employ;
- Attempt to access any service or area of the Site (including, without limitation, any Interactive Areas) that you are not authorized to access; or
- Engage in any harassing, intimidating, predatory or stalking conduct.
Mountain Hardwear is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is Mountain Hardwear responsible or liable for any loss, damage, injury, or harm associated therewith. Although Mountain Hardwear has no obligation to monitor any user conduct on the Site or in any Interactive Area, Mountain Hardwear reserves the right, and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason without notice. Mountain Hardwear does not approve or endorse any user-posted meetings or events referenced on the Site, and Mountain Hardwear recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. You use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
14. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to Mountain Hardwear, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Mountain Hardwear.
15. Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents issued by Mountain Hardwear and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Columbia Sportswear Company Annual Report on Form 10-K , including information contained under the section captioned "Management’s Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Columbia Sportswear Company filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Columbia Sportswear Company undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by Mountain Hardwear should not be deemed accurate or current except as of the date the release was posted. Mountain Hardwear has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Mountain Hardwear may provide links to third-party Web sites or services that contain financial or investment information about Columbia Sportswear Company, its subsidiaries and affiliated companies. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Columbia Sportswear Company, its subsidiaries and affiliated companies do not regularly monitor or have control over the content of third parties' statements or Web sites. Accordingly, Columbia Sportswear Company, its subsidiaries and affiliated companies do not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Columbia Sportswear Company, its subsidiaries and affiliated companies make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Mountain Hardwear, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Mountain Hardwear and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MOUNTAIN HARDWEAR, THE SITE, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOUNTAIN HARDWEAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS IN THE SITE. MOUNTAIN HARDWEAR DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MOUNTAIN HARDWEAR DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOUNTAIN HARDWEAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND MOUNTAIN HARDWEAR DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS.
MOUNTAIN HARDWEAR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MOUNTAIN HARDWEAR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, MOUNTAIN HARDWEAR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Mountain Hardwear reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Mountain Hardwear.
18. Limitation of Liability
IN NO EVENT SHALL MOUNTAIN HARDWEAR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MOUNTAIN HARDWEAR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOUNTAIN HARDWEAR'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOUNTAIN HARDWEAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MOUNTAIN HARDWEAR FOR ACCESS TO OR USE OF THE SITE.
19. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Mountain Hardwear reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
22. Questions & Contact Information
Questions or comments about the Site may be directed to Mountain Hardwear via the contact us form or by calling us at (877) 927-5649.