|Terms of Service|
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE.
By using this site, you are deemed to have agreed to these terms and conditions of use. Mountain Gear Corp. reserves the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site. The current version of these terms can be found at www.trimountain.com.
BY USING THE SERVICE YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SERVICE, SCOPE OF TERMS AND CONDITIONS
These terms and conditions apply to your use of all of the sites and services ("Services") owned, controlled and/or operated by Mountain Gear Corp. These terms and conditions do not apply to your use of unaffiliated sites to which Mountain Gear Corp. only provides links.
DESCRIPTION OF SERVICES
The Tri-Mountain website provides you with access to our company and industry related information, services and products. You also understand and agree that the Services may include advertisements and sponsorships and that these advertisements and sponsorships are necessary for Mountain Gear Corp. to provide the Services. You understand and agree that the Services are provided "AS-IS" and that Mountain Gear Corp. is not responsible for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
As a visitor to our site, we may ask you to complete the Mountain Gear Corp. registration process. This is done though this website by using the appropriate form at www.trimountain.com. You agree to provide accurate, complete, current and true registration information about yourself; your company and other pertinent related requested information. If the information is not accurate, complete, current or true, or Mountain Gear Corp. has reason to believe that it is not accurate, complete, current or true, Mountain Gear Corp. may, at its sole discretion, refuse to register you as a user or suspend or terminate your account or your access to the Services.
MODIFICATION OF SERVICES
Mountain Gear Corp. may modify, supplement, temporarily suspend or discontinue the Services at any time, at its sole and absolute discretion and without prior notice. In such event, Mountain Gear Corp. shall not be liable to you or any third party for such actions. Except as otherwise explicitly noted, any new features that augment or enhance the current Services, including new Mountain Gear Corp. products, and any modifications thereto shall be subject to these Terms of Service.
The materials published by Mountain Gear Corp. and its third party providers, including, without limitation, text, graphics, logos, names, service marks, trademarks, video, movies, music, television programs, games and application services (collectively "Proprietary Property") are the property of, or controlled by, Mountain Gear Corp. or the identified third party. You agree to respect all proprietary rights of Mountain Gear Corp., its third party providers, and any other Content providers.
You may not, in whole or in part, adapt, copy, display, lease, loan, publish, rent, sell, transmit, create derivative works of, or in any way exploit, Mountain Gear Corp.'s Proprietary Property, its third party providers' Proprietary Property or Content belonging to any other party unless you obtain prior written permission from the party holding the relevant proprietary interest. To request permission from Mountain Gear Corp., you may email email@example.com. If Mountain Gear Corp. or another party grants such permission, you may not alter or delete any author credit, copyright notice, legend or trademark except with explicit written consent.
The software used in connection with the Services contains confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For the purpose of accessing the Services, Mountain Gear Corp. grants you, the user, a non-transferable and non-exclusive right and license to use the object code of the software. You agree that you will not (and will not allow any third party to) copy, create a derivative work of, modify, reverse assemble, reverse engineer, or otherwise attempt to discover any source code. Likewise, you agree that you will not assign, grant a security interest in, sell, sublicense, or otherwise transfer any right in the software. You also agree that you will not modify the software in any way, use modified versions of the software, access the Services by any means other than through the interface Mountain Gear Corp. provides, or obtain or attempt to obtain unauthorized access to the Services.
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be contacted at firstname.lastname@example.org.
Mountain Gear Corp., www.trimountain.com , the Tri-Mountain logo and other Mountain Gear Corp. related brands, products and service names are trademarks or service marks of Mountain Gear Corp. You agree not to use such trademarks or service marks without prior written permission from Mountain Gear Corp.
Given the global nature of the Internet, you agree to comply with all applicable local laws regulating Internet use, conduct and Content. In particular, you agree to comply with all applicable local laws regarding the transmission of technical data exported from the United States.
You agree to indemnify and hold Mountain Gear Corp., its parents, subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or conduct on, the Services, your violation of these terms, or your violation of any rights of another.
QUESTIONS & COMPLAINTS
Mountain Gear Corp. hopes that you are fully satisfied with the Tri-Mountain Website and its Products and Services. Should you have any questions or be dissatisfied in any way, please email your question or complaint to email@example.com.
VIOLATIONS OF TERMS AND CONDITIONS OF SERVICE
Should you become aware of any violations of these terms and conditions of service, please email reports of such violations to Mountain Gear Corp. with the word "violation" in the subject of your message.
CHOICE OF LAW
These terms and conditions of service will be governed by, and construed in accordance with, the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Mountain Gear Corp. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
If you breach or threaten to breach these terms and conditions of service, you acknowledge and agree that Mountain Gear Corp. will be greatly and irreparably damaged and that the damage will be difficult to quantify. Therefore, Mountain Gear Corp. may apply to any court of competent jurisdiction for injunctive or equitable relief under this specific provision, and the court, regardless of the Choice of Law provision above, will apply the laws of its own jurisdiction in determining whether Mountain Gear Corp. will be granted such relief. Such a determination will not impair, invalidate, negate or void Mountain Gear Corp.'s rights to relief in law or equity.
These Terms of Service constitute the entire agreement between you and Mountain Gear Corp., govern your use of the website and its services, and supercede any prior agreements between you and Mountain Gear Corp. You also may be subject to additional terms that may apply when you use affiliate services, third party Content or third party software. The failure of Mountain Gear Corp. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations above, the parties nevertheless agree that the invalid or unenforceable provision shall be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of the Terms of Service remain in full force and effect. If the invalid or unenforceable provision cannot be so replaced, then that provision will be considered severable from the remaining provisions, and will not affect their validity and enforceability.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.