TERMS OF USE

A group of hikers in the woods
Date of last revision: 8/18/2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND MOUNTAIN HARDWEAR ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Mountain Hardwear, a division of Columbia Brands USA, LLC, together with its subsidiaries and affiliates (“Mountain Hardwear”), provides you access and use of its websites and mobile applications (collectively, the “Sites”) and permits you to place orders subject to your compliance with these terms and conditions of use (these “Site Terms”). BY CREATING AN ACCOUNT, PLACING AN ORDER, OR ACCESSING OR USING THE SITES, OR OTHERWISE AGREEING TO THE TERMS, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITES OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU MAY NOT USE THE SITES.

These Site Terms apply to your access to, and use of, the Sites. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Mountain Hardwear for products, services or otherwise. The Terms of Sale also apply to any orders you submit to Mountain Hardwear. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Mountain Hardwear for violations of these Site Terms.

If Mountain Hardwear offers any rewards, contests, sweepstakes, program, or other offers or promotions on the Site, you agree to any additional posted terms, conditions, rules, or guidelines, which are hereby incorporated by reference into these Site Terms.

Mountain Hardwear reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites and shall apply to all use of the Sites and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Site Terms, your license to use the Sites will terminate and any further use will be unauthorized, so you must stop using the Sites.

If you have any question regarding the use of the Sites, please refer first to the Help Center on the Sites or the Frequently Asked Questions. All other questions or comments about the Sites or their contents should be directed to Mountain Hardwear via the contact us form.
1. PRIVACY POLICY
Please refer to our Privacy Policy hereby incorporated by reference into these Site Terms, for information on how Mountain Hardwear collects, uses and discloses personally identifiable information from its users.
2. MOBILE SERVICES, E-MAILS, AND CONTACT INFORMATION
You may be required to provide a phone number to create an account, place an order, or participate in programs or promotions. The Sites may include certain features or services that are available via your mobile phone or device, such as the ability to upload content to your mobile phone or request payment links, order and shipping status messages, product information, promotional offers, or other information or alerts be sent to your mobile phone or device (the “Mobile Services”). By using the Mobile Services, or by providing your mobile number as a contact point, you agree that Mountain Hardwear may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You are not required to provide your mobile number, consent to receive marketing messages, or use Mobile Services to make a purchase. If you do not provide your mobile number to Mountain Hardwear, you may not receive Mobile Services. Mobile Services may not be accessible or may have limited utility over some carriers. Mountain Hardwear cannot guarantee that all carriers will support Mobile Services. You understand that your carrier's messaging, data and other rates and fees will apply to Mobile Services and other communications. You should check with your carrier to find out if Mobile Services are available to you, what plans are available, and how much they cost. Text messages may be provided using automated technology. Text message frequency varies and message and data rates may apply. If you receive a Mobile Services message from Mountain Hardwear, you may also reply “HELP” for help or “STOP” to cancel.

You consent to receive communications from Mountain Hardwear electronically via SMS, MMS, text method, E-mail, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that Mountain Hardwear provides to you electronically satisfy any legal requirements that such communications be in writing. All notices by you to Mountain Hardwear must be in writing and addressed to: Mountain Hardwear, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229.
3. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Mountain Hardwear logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Mountain Hardwear or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Mountain Hardwear, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mountain Hardwear has adopted a policy of terminating, in appropriate circumstances and at Mountain Hardwear's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Mountain Hardwear may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. COPYRIGHT COMPLAINTS
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
  • Name of Agent Designated to Receive Notification of Claimed Infringement: John C. Motley
    Full Address of Designated Agent to Which Notification Should be Sent: 14375 NW Science Park Drive, Portland, OR 97229
    Telephone Number of Designated Agent: 503-985-4000
    Facsimile Number of Designated Agent: 503-985-5012
    E-Mail Address of Designated Agent: [email protected]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Mountain Hardwear may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
6. TRADEMARKS
“Mountain Hard Wear” the design of a NUT, “Elevated Rewards,” “EV,” “Performance Elevated,” “Phantom,” and “Trango”, and other product or service names, logos and slogans of Mountain Hardwear that may appear on the Sites, are trademarks or registered trademarks of Mountain Hardwear or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mountain Hardwear or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Mountain Hardwear" or any other name, trademark or product or service name of Mountain Hardwear or its subsidiaries without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Mountain Hardwear and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7. HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Mountain Hardwear or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Mountain Hardwear logo or other proprietary graphic of Mountain Hardwear to link to the Sites without the express written permission of Mountain Hardwear. Further, you may not use, frame or utilize framing techniques to enclose any Mountain Hardwear trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Mountain Hardwear's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Mountain Hardwear or any third party.

Mountain Hardwear makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Mountain Hardwear and Mountain Hardwear is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mountain Hardwear provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Mountain Hardwear of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
8. THIRD PARTY CONTENT
Mountain Hardwear may provide or allow third party content on the Sites and may provide or allow links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Mountain Hardwear does not monitor or have any control over any Third Party Content or third party Web sites. Mountain Hardwear does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Mountain Hardwear does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Sites are strictly the opinion of the user posting such reviews or comments, and Mountain Hardwear does not endorse or approve any such reviews or comments.
9. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Mountain Hardwear may run or allow advertisements and promotions from third parties on the Sites or may otherwise provide or allow information about or links to third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Mountain Hardwear is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Mountain Hardwear advertisers or third party information on the Sites. However, the foregoing shall not apply to the extent that any loss or damage is the result of Mountain Hardwear’s own negligence, fraud, willful injury or willful violation of law.
10. USER CONTENT AND INTERACTIVE SERVICES OR AREAS
The Sites may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas") in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and you use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

  1. 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;

  2. User Content that you know or have reason to know is inaccurate, untruthful or misleading;

  3. 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

  4. 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;

  5. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  6. Unsolicited promotions, political campaigning, advertising or solicitations;

  7. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  8. Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Mountain Hardwear, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Mountain Hardwear or its users to any harm or liability of any type.

  9. Mountain Hardwear takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Mountain Hardwear liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. However, the foregoing shall not apply to the extent that any loss or damage is the result of Mountain Hardwear’s own negligence, fraud, willful injury or willful violation of law.

    Your use of Interactive Areas is at your own risk. As a provider of interactive services, Mountain Hardwear is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Mountain Hardwear has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Mountain Hardwear reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites and/or to limit your use of the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Mountain Hardwear's systems and customers, or to ensure the integrity and operation of Mountain Hardwear's business and systems, Mountain Hardwear may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Mountain Hardwear's right to disclose any such information shall govern over any terms of Mountain Hardwear's Privacy Policy.
11. RIGHTS IN USER CONTENT AND SUBMISSIONS
Except as otherwise expressly stated by Mountain Hardwear, Mountain Hardwear does not claim ownership of any User Content or other materials you post or upload on the Sites or otherwise provide or submit to Mountain Hardwear. However, unless Mountain Hardwear indicates otherwise, you grant Mountain Hardwear 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 world in any media. Such license shall be limited to use on or in connection with the Sites unless otherwise indicated on the Sites. You grant Mountain Hardwear and its sublicensees the right to use the name that you submit in connection with such User 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 Sites; (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. Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials you provide regarding the Sites, Mountain Hardwear or Mountain Hardwear's products or services, whether by email, posting to the Sites or otherwise, are non-confidential and shall become the sole property of Mountain Hardwear. Mountain Hardwear shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. USER CONDUCT
When creating or updating an account or participating in programs or promotions, you may be required to provide certain personal information including, but not limited to, your name, contact, and payment information. This information will be held and used in accordance with our Privacy Policy and any other related notices provided in connection with our information collection or use. You agree to provide complete, truthful, and accurate information, and to update such information promptly if it changes. You also agree not to:

  • Use the Sites or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;

  • Harvest or collect email addresses or other contact information of other users from the Sites or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites and/or Interactive Areas or to extract data;

  • Use automated scripts to collect information from or otherwise interact with the Sites or Interactive Areas;

  • Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;

  • Provide incomplete, false, or inaccurate biographical or other information for purposes of registering as a user, creating an account, placing an order or participating in any program or promotion;

  • Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;

  • Use the Sites or your account for a commercial purpose;

  • Violate any local, state, national or international law;

  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • Use or attempt to use another's account without authorization from Mountain Hardwear;

  • Attempt to circumvent any content filtering techniques Mountain Hardwear may employ;

  • Attempt to access any service or area of the Sites (including, without limitation, any Interactive Areas) that you are not authorized to access; or

  • Engage in any harassing, intimidating, predatory or stalking conduct.

Mountain Hardwear is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is Mountain Hardwear responsible or liable for any loss, damage, injury, or harm associated therewith. However, the foregoing shall not apply to the extent that any loss or damage is the result of Mountain Hardwear’s own negligence, fraud, willful injury or willful violation of law.

Although Mountain Hardwear has no obligation to monitor any user conduct on the Sites or in any Interactive Area, Mountain Hardwear reserves the right, and has absolute discretion, to monitor any user conduct on the Sites at any time and for any reason without notice. Mountain Hardwear does not approve or endorse any user-posted meetings or events referenced on the Sites, and Mountain Hardwear recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. You use of the Sites is at your own risk. Any use of the Sites in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
13. REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to Mountain Hardwear, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Mountain Hardwear, except that this provision shall not apply to the extent that any unauthorized access is the result of Mountain Hardwear’s own negligence, fraud, willful injury or willful violation of law. You accept responsibility for all activities that occur on your account or with your password. You will immediately notify Mountain Hardwear and change your login information if the confidentiality of your account or password is compromised in any way. Mountain Hardwear reserves the right to take any and all action it deems necessary or advisable to maintain the security of the Sites and your account, including but not limited to terminating your account, changing your password, or requesting information to authorize transactions on your account. Mountain Hardwear may communicate with you via unencrypted email. Such communication is not secure and may be viewed by others. Mountain Hardwear is not liable to you for any liability or damages resulting from or arising out of any compromise of your account or password, or any unauthorized access to your account or communications between us or use of your password.
14. FINANCIAL MATERIAL DISCLOSURE
Forward-Looking Statements. The Sites, and any documents issued by Mountain Hardwear or Columbia Sportswear Company (“Company”) and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Columbia Annual Reports to stockholders, including information contained under the section captioned "Management’s Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Columbia filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Columbia and Mountain Hardwear undertake no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by Mountain Hardwear should not be deemed accurate or current except as of the date the release was posted. Mountain Hardwear has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information. Mountain Hardwear may provide links to third-party Web sites or services that contain financial or investment information about Columbia. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Mountain Hardwear neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Mountain Hardwear does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Mountain Hardwear makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
15. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Mountain Hardwear, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Mountain Hardwear and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of law, regulation, or rights of any third party.
16. DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MOUNTAIN HARDWEAR, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT), AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOUNTAIN HARDWEAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS IN THE SITES. MOUNTAIN HARDWEAR DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MOUNTAIN HARDWEAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND MOUNTAIN HARDWEAR DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS. SOME JURISDICTIONS TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

MOUNTAIN HARDWEAR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MOUNTAIN HARDWEAR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, MOUNTAIN HARDWEAR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Mountain Hardwear reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Mountain Hardwear.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOUNTAIN HARDWEAR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MOUNTAIN HARDWEAR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOUNTAIN HARDWEAR'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOUNTAIN HARDWEAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MOUNTAIN HARDWEAR FOR ACCESS TO OR USE OF THE SITES.

THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF MOUNTAIN HARDWEAR’S OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
18. SITE ACCESS AND GOVERNING LAW AND VENUE
The Sites are intended for use by adults in the U.S. You agree to monitor your account and restrict use by minors. The Sites are operated by U.S. and are governed by the laws of the State of Oregon, which may be different than the laws of your jurisdiction. If you access the Sites from outside the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to the laws of the State of Oregon. You may not use the Sites if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites. You are responsible for compliance with all U.S. and other export restrictions that may apply to your use of the Sites or product purchases. Any action not required to arbitrated in accordance with Section 19 of these Site Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. Any dispute arising from or related to these Site Terms, your use of the Sites, Mountain Hardwear products, Mountain Hardwear Services, or any aspect of the relationship between you and Mountain Hardwear as relates to these Site Terms shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions and regardless of where you access the Sites.
19. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MOUNTAIN HARDWEAR TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MOUNTAIN HARDWEAR FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MOUNTAIN HARDWEAR AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MOUNTAIN HARDWEAR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

a.    Arbitration Procedure. For any dispute or claim that you have against Mountain Hardwear, that Mountain Hardwear has against you or that you have, or Mountain Hardwear has, in each case arising from, relating to, or stemming from these Site Terms, Mountain Hardwear products, or Mountain Hardwear Services, or any aspect of the relationship between you and Mountain Hardwear as relates to these Site Terms, Mountain Hardwear products, or Mountain Hardwear Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Mountain Hardwear agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Mountain Hardwear, you will first contact Mountain Hardwear by sending a written notice of your Claim (“Claimant Notice”) to Mountain Hardwear by certified mail addressed to Mountain Hardwear at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If Mountain Hardwear asserts a Claim against you, Mountain Hardwear will first contact you by sending a written notice of Mountain Hardwear’s Claim (“Mountain Hardwear Notice”, and each of a Claimant Notice and Mountain Hardwear Notice, a “Notice”) to you via certified mail to the mailing address associated with your account or, if such information is not available, to the primary email address associated with your account, or to other contact information. The Mountain Hardwear Notice must (i) include the name of a Mountain Hardwear contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and Mountain Hardwear cannot reach an agreement to resolve the Claim within thirty (30) days after you or Mountain Hardwear receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Mountain Hardwear first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.

b.        Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Mountain Hardwear, including any disputes in which you or Mountain Hardwear seek injunctive or other equitable relief for the alleged unlawful use of your or Mountain Hardwear’s intellectual property or other infringement of your or Mountain Hardwear’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 19(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

c.        These Site Terms affect interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

d.        All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Site Terms as follows:
    1. YOU AND Mountain Hardwear AGREE THAT ANY ARBITRATION UNDER THESE SITE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND Mountain Hardwear ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Mountain Hardwear or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
    2. For any arbitration you initiate, you will pay the consumer filing fee, and Mountain Hardwear will pay the remaining AAA fees and costs. For any arbitration initiated by Mountain Hardwear, Mountain Hardwear will pay all AAA fees and costs.
    3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
    4. If you or Mountain Hardwear submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Mountain Hardwear agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Mountain Hardwear agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
    5. The arbitrator’s decision will follow these Site Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Site Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Site Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
    6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Mountain Hardwear or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Mountain Hardwear understand and agree that when twenty-five (25) or more similar claims are asserted against Mountain Hardwear or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Mountain Hardwear’s Claim might be delayed. For such coordinated actions, you and Mountain Hardwear also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Mountain Hardwear shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Mountain Hardwear’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Mountain Hardwear or you.
e.     One Year to Assert Claims. To the extent permitted by law, any Claim by you or Mountain Hardwear relating in any way to these Site Terms, Mountain Hardwear products, or Mountain Hardwear Services, or any aspect of the relationship between you and Mountain Hardwear as relates to these Site Terms, Mountain Hardwear products, or Mountain Hardwear Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Mountain Hardwear will not have the right to assert the Claim.

f.     Right to Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Site Terms by providing us with notice of your decision to opt-out by certified mail addressed to Mountain Hardwear at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

g.     Severability. If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Site Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.
20. TERMINATION
Notwithstanding any of these Site Terms, Mountain Hardwear reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
21. CAUSES OUTSIDE OF OUR CONTROL
A “Cause Outside of Our Control” is any act or event beyond Mountain Hardwear’s reasonable control, including but not limited to act of God, fire, flood, explosion, war, threat or preparation for war, military activity, riot, civil disturbance or strike, lockout or other work stoppage, terrorist threat or attack, inclement weather, flood, earthquake, epidemic, pandemic, other natural disaster, supply chain failures, or failure of public or private telecommunications networks. If a Cause Outside of Our Control affects Mountain Hardwear’s performance of obligations under these Site Terms, Mountain Hardwear will notify you as soon as reasonably possible and our obligations to you will be suspended and the time for performance of our obligations will be extended for the duration of the Cause Outside of Our Control.
22. ASSIGNMENT
Mountain Hardwear may transfer our rights and obligations to another entity, but this will not affect your rights or our obligations under these Site Terms. You may only transfer your rights or obligations under these Site Terms to another person if Mountain Hardwear agrees in writing.
23. NO WAIVER AND SEVERABILITY
The remedies set forth in these Site Terms are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by Mountain Hardwear to enforce any provision of these Site Terms will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
24. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Sites or these Site Terms may be directed to Mountain Hardwear via the contact us form or by calling us at (800) 622-6953.