Terms and Conditions

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“T&Cs”) BEFORE USING THIS WEBSITE. By using this site, you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use or further access this site. We reserve the right to update these T&Cs at any time without notice to you. The most current version of these T&Cs can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the website page. Your continued use of this site constitutes your agreement to the current T&Cs.

MINORS. You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access this site. By posting a message or otherwise providing information, you represent and warrant that you are at least thirteen (13) years of age.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Mountain Hardwear Privacy Policy, incorporated herein by this reference, for complete information relating to the collection and use of your personal information.

MEMBERSHIP, PASSWORD, AND SECURITY. If any of the content or services available on or through this website requires you to register or otherwise open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

USE. This website and the information and/or services that may be available in connection with it is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this website. You shall not use this site for any purpose that is unlawful or prohibited by this agreement, or in any manner that could damage, disable, overburden, or impair us or interfere with any other party's use and enjoyment of this site. You shall not attempt to gain unauthorized access to any accounts, computer systems or networks through hacking, password mining or any other means, or interfere with or modify in any manner the appearance or operation of this site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.

This website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

•	Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
•	Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•	Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
•	Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
•	Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
•	Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
•	Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
•	Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
•	Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
•	Restrict or inhibit any other user from using and enjoying the Communication Services.
•	Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
•	Harvest or otherwise collect information about others, including e-mail addresses.
•	Violate any applicable laws or regulations.
•	Create a false identity for the purpose of misleading others.
•	Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifiable information in any Communication Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers, members, and hosts are not authorized Mountain Hardwear spokespersons, and their views do not necessarily reflect those of Mountain Hardwear.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED OR POSTED. We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting us and our affiliated companies and sublicensees permission to use your Submission in connection with the operation of our respective businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these T&Cs including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these T&Cs and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these T&Cs, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these T&Cs, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these T&Cs, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

UNSOLICITED IDEAS. WE DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN OUR PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO US. ACCORDINGLY, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MOUNTAIN HARDWEAR OR ANYONE AT MOUNTAIN HARDWEAR. WE MAKE NO ASSURANCES THAT YOUR UNSOLICITED IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY, AND WE EXPRESSLY DISCLAIM ANY OBLIGATION TO COMPENSATE YOU FOR ANY SUCH UNSOLICITED IDEAS AND MATERIALS.

LINKS TO OTHER SITES. This site may contain images of and links to other web sites that are independently run sites outside of our domain. We have no control over or responsibility for the content of such independent sites, which have their own privacy and data collection practices and terms of use, independent of us. We are providing these links to you only as a convenience. Neither these sites, nor any content available through links to and from them, are screened, reviewed or endorsed by us. We have no liability for any damages caused by the use or inability to use such third party sites.

FORWARD LOOKING STATEMENTS. This site, including the reports and audio and visual materials available through this site, includes forward looking statements, including statements concerning liquidity, future financing and working capital requirements and availability. These forward-looking statements, and others made from time to time by management, are subject to many risks and uncertainties. Many factors could cause actual results to differ materially from those projected in such forward looking statements, including risks described in our filings with the Securities and Exchange Commission. Risk factors that may affect liquidity, future financing and working capital requirements and availability include, but are not limited to, business disruptions and costs arising from acts of terrorism or military activities around the globe; unfavorable economic conditions generally and weakness in consumer confidence; the financial health of Company customers; the Company's ability to effectively deliver its products to customers in a timely manner due to potential service interruptions (including, but not limited to, those related to labor disputes at western U.S. ports); effects of unseasonable weather (for example, warm weather in the winter and cold weather in the spring which affects demand for the Company’s products); the Company's reliance on product acceptance by consumers; dependence on independent manufacturers and suppliers; the Company’s ability to successfully complete and integrate its new distribution center in Europe with existing operations; effectiveness of the Company's sales and marketing efforts; intense competition in the industry (that the Company expects to increase); the Company’s ability to achieve and manage growth effectively; international risks including trade disruptions, political instability in foreign markets, exchange rate fluctuations, changes in quotas and tariffs or other duties; and the Company’s ability to establish and protect its intellectual property. The Company does not undertake any obligations to update this forward-looking information to conform it to changes in circumstances or expectations.

TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS. "Mountain Hardwear," Conduit, Quantum, Waypoint, along with the Mountain Hardwear nut and design logos and other marks that may appear on this web site, are trademarks or registered trademarks of Mountain Hardwear, Inc. in the United States and other countries. You may not copy, reproduce, republish, distribute, upload, post, transmit, modify or use the trademarks in any manner. The names of other companies and products mentioned herein may also be the trademarks of their respective owners. The entire content on this web site (including, but not limited to, design, images, text, audio and video clips, data, graphics, links, computer code, and other content and material) is copyrighted under the United States and other copyright laws and is the property of Mountain Hardwear, Inc.. The copyrighted material includes some works that are licensed to Mountain Hardwear, Inc. In addition, some of the content on this web site is protected by trademark, privacy, and publicity laws. The content on this web site is provided solely for your information, entertainment and educational use. It shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our express written permission. You shall not use in any manner any of the content from this web site on any other web site, online service or networked computer environment.

Subject to any expressly stated limitations on this web site, however, you may download or print portions of the content on this web site on a single home computing device solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark or other proprietary notices. Any other use is prohibited. We will at all times retain complete ownership of the trademarks and our copyrighted information on this site.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Mountain Hardwear Legal Department, 14375 NW Science Park Drive, Portland, Oregon 97229.

DISCLOSURE OF INFORMATION. We reserve the right at all times to monitor your use of this site and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, to protect its rights or a third party’s safety or wellbeing, or for any other purpose that we in our sole discretion deem necessary or advisable.

DISCLAIMER OF WARRANTY. THIS WEBSITE AND THE CONTENT ON IT ARE PROVIDED "AS IS." MOUNTAIN HARDWEAR DISCLAIMS ALL WARRANTIES. EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MOUNTAIN HARDWEAR DOES NOT WARRANT THAT THE INFORMATION AVAILABLE THROUGH THIS SITE WILL BE ACCURATE, COMPLETE, OR CURRENT, THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.IN NO EVENT WILL MOUNTAIN HARDWEAR BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILILTY TO USE THIS SITE, EVEN IF MOUNTAIN HARDWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL MOUNTAIN HARDWEAR'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to defend, indemnify and hold Mountain Hardwear and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages asserted by any third party arising from or related to your use of this site or conduct in connection therewith, or otherwise arising from or related to your use of this site. You further agree to pay our reasonable attorneys' and expert witness fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph.

SEVERABILITY. Should any part or portion of this agreement be found or held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this agreement, which shall remain in full force and effect unless Mountain Hardwear’s obligations hereunder are materially impaired.

GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and liabilities of the parties arising out of or relating to this agreement or your use of this web site will be governed by the laws of the state of Oregon, exclusive of choice of law rules. Any legal action arising out of or relating to this agreement or your use of this web site will take place in the state or federal courts in the state of Oregon and nowhere else. In any such legal action, the substantially prevailing party will be entitled to recover reasonable attorneys' fees incurred in the preparation for and prosecution or defense of such action as fixed by the trial court or appellate court. You agree that any cause of action arising out of or related to this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

ENTIRE AGREEMENT. This constitutes the entire agreement between you and us regarding access to and use of this website.

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