Pro-Deal Program. We offer this special program pricing as a courtesy to our employees and certain professional product enthusiasts. The special program pricing is confidential and should not be disclosed to anyone who has not been invited by us to participate in the program. The products that you purchase under this program are for your personal use only, NOT for family and friends. We may limit the quantity of products or styles that you may purchase, and we may restrict the geographic area that we will ship to. You may not resell the products or allow anyone else to purchase products under your name, nor may you alter or obscure any logos on the products. The products that you purchase are NOT eligible for return. You are responsible for all sales, use, or value-added taxes associated with the products you purchase from us. We reserve the right to cancel your outstanding orders and refuse to accept further orders from you at any time and for any reason in our sole discretion.
Mountain Hardwear guarantees that every product we make will stand up to the use for which it was designed. In standing by this guarantee, Mountain Hardwear provides a limited lifetime warranty, to the original owner, on all products against defects in materials or workmanship. All defective or damaged products should be returned to us for evaluation and will be repaired or replaced at our discretion. Rips, burns, tears, and damages due to accident, normal wear and tear, improper care, mis-use or the natural breakdown of colors and materials over time are not covered by warranty, but can be repaired for a nominal fee at Mountain Hardwear’s discretion. Products sent for repair must be cleaned prior to sending. Mountain Hardwear does not process returns or exchanges for undamaged product. To learn about the Mountain Hardwear warranty process or to initiate a warranty claim, please visit our Warranty page.
Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE OF ACTION RELATING TO OUR SALE OF PRODUCTS OR AGREEMENT TO SELL PRODUCTS TO YOU. IN NO EVENT WILL WE BE LIABLE FOR AN AMOUNT EXCEEDING THE PURCHASE PRICE FOR THE PRODUCTS ORDERED FROM US BY YOU. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Governing Law and Venue; Attorney's Fees. Any dispute between you and us will be governed by and construed in accordance with the laws of the state of Oregon, without regard to any choice of law or conflicts of law principles. We each waive our respective rights to trial by jury in any action or proceeding related to any claim by one party against the other. Exclusive venue and jurisdiction for any dispute between you and us will be in the federal and state courts of Oregon; you consent to the exclusive jurisdiction of such courts. The prevailing party in any suit or action to enforce these terms and conditions will be entitled to recover legal expenses and costs and reasonable attorney's fees incurred as fixed by the trial court and, on appeal, as fixed by the appellate court.