Effective Date: March 12, 2010
PART ONE - TERMS FOR ALL SITE USERS
- Who We Are
- Site Features, Functionality and Availability; Termination
- Supplemental Terms
- Products and Pricing
- Attribution of Electronic Acts to You; Passwords
- Our Accuracy Caution; Your Responsibility to Get The Information You Need
- Our Ownership of Content; The Mountain Outfitters 1994-2010; All Rights Reserved
- Infringement of Our Rights or the Rights of Others; Our Copyright Agent
- Solicited Submissions* Policy; Unsolicited Submissions Policy
- Product Reviews
- User Content and Interactive Services or Areas
- Links to or From Third Party Sites
- No Commercial Use; No Resale; No Extraction
- Your Conduct
- Your Accuracy
- NO WARRANTIES RE SITE; AS IS
- NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
- Termination or Cancellation
- Applicable Law and Exclusive Forum
- Notices, Including Our Address For Legal Notices
- Entire Agreement; Miscellaneous
- Legal Notices
PART TWO - TERMS FOR USERS MAKING PURCHASES
- Pricing and Availability
- Out-of-Stock Items; Backorders
- Agreement to Conduct Transactions Electronically; Recording; Copies
- Shipping & Handling; No Export by You
- Payment; Credit for Refunds & Pricing
- Return and Exchanges
Part One—TERMS FOR ALL SITE USERS
1. Who We Are. We are MarDave, Inc. or The Mountain Outfitters ("The Mountain Outfitters," "Mountain Outfitters," "we," "us," "our") and our headquarters are located at 903 West Main Street, Monteagle, Tennessee 37356; our telephone number (customer service) is 1-931-924-4100. See http://www.themountainoutfitters.com for further contact information, including how to contact us by email. We are a corporation formed under The Tennessee Department of Revenue, the Tennessee Annotated Code, and Tennessee State law, U.S.A. We do not charge you for merely using our Site; if a particular Site activity carries a charge, it will be disclosed in connection with the activity.
2. Site Features, Functionality and Availability; Termination. You may use the Site when and as available. Although we generally intend the Site to be available 24/7, it will not always be available (e.g., during maintenance, changes, outages and for other reasons we determine). We reserve the right to change or eliminate, and restrict or block access to all or any part of the Site from time to time with or without notice.
3. Supplemental Terms. Supplemental terms may appear on the Site in connection with particular activities or transactions if we have rules for the activity (for examples, see below). These Terms do not alter in any way the terms or conditions of any other agreement you may have with The Mountain Outfitters or its subsidiaries or affiliates, for products, services or otherwise. Further, these Terms do not interfere with the separate contracts and privacy policies of third parties with whom you contract (e.g. major credit card providers, banks, etc.)
5. Products and Pricing. Many of the products displayed on our Site are also available in The Mountain Outfitters’ retail store while supplies last, but you should not assume that what you see on the Site can always be seen in our stores. Also, prices displayed on the Site might be different than in the stores or from store advertised prices.
6. Attribution of Electronic Acts to You; Passwords. Several Site activities require passwords (e.g., if you establish one to create "Your Account" with The Mountain Outfitters). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.
7. Our Accuracy Caution; Your Responsibility to Get the Information You Need. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to descriptions of events, locations, products and services, pricing, product availability and tracking or other information. Also note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer’s monitor and its display and might not accurately depict the actual color of the product. We reserve the right to correct any Inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize in advance for any inconvenience this may cause you. Even if there is no Inaccuracy, the product descriptions and all other information are intended only to be indicative, including (without limitation) "search" questions and responses, "size finder" charts, shipping timelines and any other information. No information is intended to be a guaranty or warranty, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis as well. No information provided on the Site is a substitute for qualified instruction or personal experience. The Mountain Outfitters assumes no liability for the use of or reliance on information—it is your responsibility to have the proper knowledge, experience and gear to enjoy outdoor and indoor activities safely.
8. Our Ownership of Content; The Mountain Outfitters 1994-2010; All Rights Reserved. All Content* on or relating to the Site is the property of The Mountain Outfitters or its affiliates, licensors or suppliers and is protected by U.S. and international copyright, patent, trademark, trade dress and/or other intellectual property or additional laws, by this contract or notices, and by robot exclusion headers and other technological measures. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms and any supplemental terms provided with the Content, or with our prior explicit consent in a separate record; all rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you—all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods or services subject to these Terms.* As used herein, "Content" means (without limitation) all information, data, text, design, graphics, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Site. Some content is also subject to further terms and conditions provided in connection with the particular Content.
9. Infringement of Our Rights or the Rights of Others; Our Copyright Agent. You agree to respect the intellectual property and other informational rights of us and others. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to our copyright agent—see "Legal Notices." It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement. In addition, when you register for an account, you can create a screen name that will be publicly viewable. You are not permitted to create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim or trademark rights in those screen names.
10. Solicited Submissions* Policy; Unsolicited Submissions Policy. We welcome your input but only under our policies and only for non-confidential information that you own by yourself. You are solely responsible for what you provide and agree to save, defend, indemnify and hold us harmless from and against any claims made regarding your Submissions.
We have two policies: (a) a Solicited Submissions Policy ("Solicited"), and (b) an Unsolicited Submissions Policy ("Unsolicited"). The distinction between the two is that under the Solicited policy we will expressly ask you to provide Submissions; under our Unsolicited Policy, you submit something without our asking for it. Under both policies, you agree that no Submission will: (a) violate any right of any third party, including copyright, trademark, privacy or other personal, intellectual property or proprietary right(s), or (b) be libelous or otherwise unlawful, abusive, offensive, obscene, misleading, unfair or deceptive or constitute trade disparagement.
(a) Solicited Policy. When we expressly ask you to give us Submissions, it is usually because we want your input on a product, service or survey. Right now, we ask for any Submissions you'd like to make about our Site, services or products so that we can improve them. We assume when we ask, however, that you are willing to provide input without getting paid or receiving other compensation. Sometimes for particular surveys or topics, we might include an express statement that we will provide a discount or coupon, but that will depend on the particular request (and the above general request does not include any such statement).
(b) Unsolicited Policy. We do not want to receive Submissions if you expect to be paid or want to continue to own or claim rights in them (e.g., if you want to be a patent owner or to exercise intellectual property or other rights in them). For example, if you have a great idea for a new product that you think we ought to sell, but you also want to share in any resulting patent or profits, do not make your Submission. We do not want and will not accept such Submissions (regardless of what your communication may say about acceptance): your idea might be great, but we might have had the same or a similar idea and we don't want disputes. Accordingly, do not make a Submission unless you are willing to be bound by this policy.
UNDER BOTH POLICIES, IF YOU MAKE A SUBMISSION TO THE MOUNTAIN OUTFITTERS THEN SUCH WILL BE YOUR ACCEPTANCE OF THE MOUNTAIN OUTFITTERS’ POLICY (SOLICITED OR UNSOLICITED, AS THE CASE MAY BE) AND WILL ALSO BE: (1) your assignment to The Mountain Outfitters of all of your rights (worldwide), title, interest and goodwill in the Submission; (2) your agreement that The Mountain Outfitters will become the sole owner of the Submission upon The Mountain Outfitters’ receipt of it and may use it (or not use it) for all possible purposes and in all possible media, now or later known or unknown; and (3) your agreement that The Mountain Outfitters is and shall be under no obligation to (a) maintain any Submission in confidence; (b) respond to or provide credit for any Submission; or (c) pay or provide any other consideration to you or anyone else for a Submission. However, with respect to Solicited Submissions, if we say in our solicitation that will provide a coupon or other consideration, then we will do so as your sole and exclusive compensation.
* "Submission" means all reviews, comments, feedback, videos, postal mail, e-mails or other communications, suggestions, ideas, copyrighted works, information and anything else submitted or offered to us by you electronically, non-electronically, orally or otherwise.
12. User Content and Interactive Services or Areas. The Site may also include discussion forums, user generated content or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials or other items on the Site ("Interactive Areas"). The Submissions policies apply to these Interactive Areas. In addition, you agree that 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:
(a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("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;
(b) 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;
(c) 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;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or solicitations;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of The Mountain Outfitters, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose The Mountain Outfitters or its users to any harm or liability of any type.
If you post User Content to the Site, unless we indicate otherwise, you grant The Mountain Outfitters 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 United States or the world in any media. You grant The Mountain Outfitters 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.
14. No Commercial Use; No Resale; No Extraction. You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and The Mountain Outfitters for violations of these Terms. Items that you purchase, including but not limited to The Mountain Outfitters products and gift cards, may not be purchased for resale to others and we may limit quantities. If someone other than The Mountain Outfitters tries to sell you something from The Mountain Outfitters, your rights will not be the same as if you purchased from The Mountain Outfitters or you might not have rights at all. For example, if you purchase a The Mountain Outfitters gift card other than from The Mountain Outfitters it may not be valid and, if so, The Mountain Outfitters will not honor it.
15. Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit a tort (a wrongful act or an infringement of a right, other than under contract, leading to legal liability). You also agree not to:
(1) attempt to access any service or area of the Site that you are not authorized to access;
(2) alter information on or obtained from the Site;
(3) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or to extract data;
(4) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
(5) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
(6) access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms;
(7) take any action which might impose a significant burden (as determined by us) on Site infrastructure;
(8) interfere with the ordinary operation or mission of the Site or services; and
(9) "frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
16. Your Accuracy. You agree to supply only accurate, current and complete (collectively "Accurate") information when setting up an account on the Site, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always Accurate. The Mountain Outfitters reserves the right to purge or delete information stored by members at its discretion.
17. NO WARRANTIES RE SITE; AS IS. YOU AGREE THAT OUR SITE AND ALL CONTENT (AS DEFINED IN SECTION 8), SERVICES AND FUNCTIONALITY (COLLECTIVELY, "COMPLETE SITE") ARE PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
18. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, EFFORT, OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) OR COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
19. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT) RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE COMPLETE SITE SHALL BE, AT OUR OPTION: (1) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES. THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under Nos. 3-6, 9-14,17-19, 21, 22 and 26-31 will survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
21. Applicable Law and Exclusive Forum. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement (as defined below in Section 24: "Entire Agreement; Miscellaneous"). You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Complete Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of Tennessee, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made (e.g., if you plan or book a foreign trip through any the social elements of the Site and a claim arises in the foreign country, Tennessee law will still apply to that claim). You agree that any disputes shall be heard exclusively in the appropriate forum in Tennessee. You also consent to jurisdiction in a state or federal court sitting in Marion County, Tennessee and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Tennessee or federal law.
22. Notices, Including Our Address for Legal Notices. Notices to You. We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site. Notices to Us; Our Address for Legal Notices. We receive many e-mails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to "Our Address for Legal Notices" which is Mountain Outfitters, Attn: Legal Department, 903 West Main Street, Monteagle, Tennessee 37356. If a law requires us to accept e-mail notice notwithstanding the foregoing, call us at 931-924-4100 for our address established for receipt of such notices.
23. Amendments. You agree that we may amend these Terms from time to time, including by changing (e.g., by adding, altering, deleting, increasing or decreasing or anything else) anything in these Terms ("Amendments"). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version ("Effective Date")—we will try to do this ten days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will be shown at the beginning of the Terms and Conditions document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession (except that if we've already accepted your order in which case we'll fill it at the price in effect on your order date regarding items in stock). No Amendments will be effective unless we post them on our Site. You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. If you terminate, you will still be entitled to any membership refund accruing before termination. Notwithstanding the foregoing, you agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service—if you do not agree, do not proceed with your order.
24. Entire Agreement; Miscellaneous. These Terms, including items incorporated into them and any (a) additional terms on the Site or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement.
25. Legal Notices. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link. (which links to text below) Notice of Copyright Agent (this provides contact and other information regarding the Site's copyright agent who may be notified of claimed infringement).
Notice of Availability of Filtering Software (this provides information about commercially available parental control protections (such as filtering software) that may assist users in limiting access to Internet material harmful to minors).
Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the federal CAN SPAM (Controlling the Assault of Non-Solicited Pornography And Marketing) Act of 2003.
Notice About Trademarks (this provides notice regarding who owns the trademarks used on this Site and cautions users not to infringe them).
Notice About Site Patents (this provides notice of certain patents).
Part Two—TERMS FOR USERS MAKING PURCHASES
Part Two applies in addition to Part One if you purchase a product or service through the Site.
26. Pricing and Availability. All prices are shown in U.S. dollars and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
27. Out-of-Stock Items; Backorders. If the color or size you want is not listed in the "Choose Your Color/Size" drop-down box on the Product Information page, it is not then available for ordering. Please check back later. If the color or size you want has an asterisk next to it in the drop-down box, it is on backorder. Sometimes we will not know in advance that product is unavailable, so when you place items in your Shopping Cart you will be asked if you would like to backorder them. If you indicate yes, the item will be sent to you once it becomes available. We will not charge your payment card until the item ships. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.
28. Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
29. Shipping & Handling; No Export by You. When we ship to you or per your directions, you agree to pay the shipping and any handling charges hown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only—actual delivery dates may vary. You agree
that you will not obtain or direct shipment of product for export.
30. Payment; Credit for Refunds & Pricing. Only valid major credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
31. Return and Exchanges. The Mountain Outfitters has a 100% Satisfaction Guarantee. Whether you made your purchase from The Mountain Outfitters online, by mail or in the physical store, you may return or exchange it by mail or at our retail location subject to any contrary terms imposed on your purchase (e.g., our "close out" items cannot be returned, etc.). General returns information and instructions can be found at http://themountainoutfitters.com/store/content/20/Returns-Policy. The Mountain Outfitters will never issue cash refunds for any purchase for any reason. RETURNS ARE FOR STORE CREDIT OR EXCHANGE ONLY.
Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help The Mountain Outfitters locate the purchase in our records. Whether a credit or debit card, a gift certificate or card, voucher, coupon or any other payment mechanism other was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we will issue you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, or a non-transferable gift certificate or gift card. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product is defective, please call 1-931-924-4100 or contact us for applicable return instructions.
If you would like to receive our legal name and address by e-mail, you need to provide us your e-mail address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at Our Address for Legal Notices.
Notice of Copyright Agent
The Mountain Outfitters respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Marjorie Burnett, in the following manner:
mail: The Mountain Outfitters, 903 West Main Street, Monteagle, TN 37356, Attn.
Marjorie Burnett, Copyright Agent
by phone: (931) 924-4100
by fax: (931) 924-4101
by e-mail: firstname.lastname@example.org
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Notice: No Harvesting or Dictionary Attacks Allowed
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
Notice About TrademarksThe Mountain Outfitters, themountainoutfitters.com Site and logos are just a few of the registered trademarks of MarDave, Inc. and of The Mountain Outfitters. There are many other The Mountain Outfitters trademarks, product names and logos on the Site, and also many marks, names and logos owned by third parties—and all of that is the property of the respective owner. You may not use any of the trademarks displayed on this Site or any Content. All rights are reserved.