Mountain Hardwear's official website in Europe (i.e. www.mountainhardwear.com) (the "Website") was created and is copyrighted and operated by and for Columbia Sportswear International Sàrl, 12 Avenue des Morgines, 1213 Petit-Lancy in Switzerland (the “Company”) and/or any of its affiliates (the "Group"). All rights reserved.
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE WEBSITE. By using or browsing the Website, you signify your agreement with and understanding of these Terms and Conditions of Use and the legal information pertaining to the Website and any material thereon or page thereof. If you do not agree to these Terms and Conditions of Use, please do not use, browse or further access the Website.
SUPERVISING CHILDREN. Company is concerned about the safety and privacy of all its users, in particular children. For this reason, parents (or other legal guardian) who wish to allow a child access to the Website should supervise his/her access to the Website. By allowing your child access to the Website, he or she will be able to access all of the Website, which may now or in the future include public or private communication tools as well as other features that may be not appropriate for use by the children unsupervised. It is therefore your responsibility, as legal guardian, to determine whether all or part of the Website and/or information, data, text, reports, software, music, sound, photographs, designs, images, graphics, video, messages, links, feeds offered through the Website and any other material on the Website (the "Content") are appropriate for your child.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Company's Privacy Policy set out at [hyperlink] and incorporated herein by this reference, for complete information relating to the collection and use of your personally identifiable information.
MODIFICATION OF THESE TERMS AND CONDITIONS OF USE. The Company reserves the right to change the terms and conditions under which the Website is offered by making changes to these Terms and Conditions of Use at any time without notice to you. You are responsible for regularly reviewing these Terms and Conditions of Use. Your continued use of the Website constitutes your agreement to all such terms and conditions.
LINKS TO OTHER SITES. The Website may display content of, and/or contain images of and links to other sites that are independently run sites outside of the Website. The Company has no control over, or responsibility for, the content of such independent third party sites, which have their own privacy and data collection practices and terms of use, independent of the Company. Company is providing these links to you only as a convenience. Links to such third party sites do not constitute an endorsement by the Company of such sites or the content, products, or other materials or services presented thereon. Neither these third party sites, nor any content available through links thereto and therefrom, are authored, edited, screened, reviewed, monitored or endorsed by the Company. Company is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or inability to use of, or reliance on, the Content available on the Website or on such third party sites.
FORWARD-LOOKING STATEMENTS. The Website, including the Content available on or from the Website, 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 of the Group, are subject to many risks and uncertainties. Many factors could cause actual results to differ materially from those projected in such forward-looking statements. 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 the Group customers; the Group'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 and the like); effects of unseasonable weather (for example, warm weather in the winter and cold weather in the spring which affects demand for the Group’s products); the Group's reliance on product acceptance by consumers; dependence on independent manufacturers and suppliers; the Group’s ability to successfully complete and integrate its new distribution center in Europe with existing operations; effectiveness of the Group's sales and marketing efforts; intense competition in the industry (that the Group expects to increase); the Group’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 Group’s ability to establish and protect its intellectual property. The Group 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 Mountain Hardwear nut and design logos and other marks, logos, services and products names that may appear on the Website, are trademarks, licensed trademarks, and/or copyright material, of the Group (the "Group Marks"). You may not copy, reproduce, republish, distribute, upload, post, transmit, display, modify or use the Group Marks in any manner. The names of other companies and products mentioned in the Website may also be trademarks of their respective owners or licensed to Company. In addition, some of the Content on the Website is protected by trademark, privacy, and publicity laws. The Content on the Website is provided solely for your information, entertainment and educational use. It shall not be copied, reproduced, republished, distributed, uploaded, posted, transmitted, displayed, modified or use without Company’s express prior written permission. In particular, you shall not use in any manner any of the Content from the Website on any other site, online service or networked computer environment.
Subject to any expressly stated limitations on the Website, however, you may download or print portions of the Content on the Website 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. The Company will at all times retain complete ownership of the Content and trademarks on the Website. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
The Company bears no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Website.
NO UNLAWFUL OR PROHIBITED USE, HACKING AND OTHER OFFENSES. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or in any manner that could damage, disable, overburden, or impair the Company or interfere with any other party's use and enjoyment of the Website. In particular, you must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful, or attack it via a denial-of-service attack or a distributed denial-of-service attack.
You shall not attempt to gain unauthorized access to any Company accounts, computer systems, networks, servers on which the Website is stored or any server, computer or database connected to the Website, through hacking, password mining or any other means, or interfere with or modify in any manner the appearance or operation of the Website.
You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. The Company may report such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
The Company bears no responsibility whatsoever for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any site linked to it.
DISCLOSURE OF INFORMATION. The Company reserves the right at all times to monitor your use of the Website and to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect its rights or a third party’s safety.
TERMINATION. The Company may, in its sole discretion, terminate your use of the Website, and remove and discard any Content within the Website, for any reason, including without limitation for lack of use of if the Company believes that you have violated or otherwise not complied with any provision of these Terms and Conditions of Use. The Company may also, in its sole discretion, and at any time discontinue providing the Website, or any part thereof, with or without notice.
The Company bears nor responsibility to you or to any third party in any way for any termination of access to all or part of the Website.
DISCLAIMER. YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL.
THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR MEET YOUR REQUIREMENTS, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR REPAIRED, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE , TIMELY SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR UNINTERRUPTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS AND USE OF, OR DOWNLOAD FROM, THE WEBSITE.
COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. THE COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE CONTENT OF THE WEBSITE.
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 THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILILTY TO USE THE WEBSITE, (II) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, (IV) RESULTS OF THE WEBSITE, ANY THIRD PARTY SITES LINKED FROM AND TO IT AND ANY MATERIALS OR INFORMATION POSTED ON IT, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF THE COMPANY 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 THE WEBSITE.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE, BY USING OR BROWSING THE WEBSITE, THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO, YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO, AND SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
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 the Company 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 the Website or conduct in connection therewith, or otherwise arising from or related to your use of the Website. 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 AND ASSIGNMENT. Should any part or portion of these Terms and Conditions of Use 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 these Terms and Conditions of Use, which shall remain in full force and effect unless the Company’s obligations hereunder are materially impaired.
The Company may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms and Conditions of Use, to any third party at any time without your consent (such consent hereby being given).
ENTIRE AGREEMENT. These Terms and Conditions of Use constitute the entire agreement between you and the Company in relation to their subject matter. You may nevertheless be subject to additional terms and conditions that may apply when you use affiliates services, third-party content or third–party software.
GOVERNING LAW; VENUE AND JURISDICTION. The Company expressly draws your attention that, BY ACCESSING THE WEBSITE, YOU AGREE THAT ALL MATTERS RELATING TO THESE TERMS AND CONDITIONS OF USE, IN PARTICULAR THE USE OF THE WEBSITE, SHALL BE GOVERNED BY THE SUBSTANTIVE LAWS OF SWITZERLAND, EXCLUSIVE OF CHOICE OF LAW RULES. IN THE CASE OF A DISPUTE, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF GENEVA, SWITZERLAND.