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PRODEAL PURCHASE SPECIFIC TERMS AND CONDITIONS

PROFESSIONAL PURCHASE PROGRAM TERMS & CONDITIONS

Date of Last Revision: 2/26/2020

By enrolling in Mountain Hardwear’s Professional Purchase Program (“Program”), you agree to these Professional Purchase Program Terms and Conditions and the Terms of Sale, Terms of Use, and any other terms and conditions posted at www.mountainhardwear.com. If you do not agree, do not submit a Program application or participate in this Program. This Program is sponsored by Mountain Hardwear, LLC (“Mountain Hardwear”, “we” and “us”).

1. Program Application and Eligibility

  • Truthfully complete the online application and provide proof of full-time employment (volunteers do not qualify) in an eligible industry and position.
  • Participation is by application only and all participants must reapply/requalify annually to continue participation.
  • A valid organizational email address and a scanned copy of a document confirming your current, eligible status, such as a government-issued guide license, business license, business card, or employment identification, is required. Mountain Hardwear may request additional documentation verifying your employment status. Before submitting documentation, you must remove/mark out personal data such as your Social Security Number, government/military ID number, etc.
  • You should immediately notify us and stop purchasing under this Program if you become ineligible for any reason, including a change in employment positions, or if you fail to comply with these Terms and Conditions. If you purchase products under Mountain Hardwear’s Professional Purchase Program after your eligibility has ended, at Mountain Hardwear’s request you will pay Mountain Hardwear the difference between the Program price and the retail price of such purchases.

ELIGIBILITY
Active, full-time employment with one of the following organizations is required. Use of a generic email address (gmail, hotmail, etc...) without uploading any supporting documentation will result in an automatic rejection of your application. For each group, please follow the specific requirements listed below. The Mountain Hardwear Pro Purchase Program is currently closed to any profession not listed below, regardless of past program acceptance.

Guide Service, Search & Rescue
  • Proof of active affiliation required (Membership Cards, etc)
  • AMGA applicants, please enter your AMGA #
  • Email address should reflect current employer if possible

Resort Employees
Our program is currently open to the following resort employees:
  • Ski Patrol: NSP or PSIA # required. If you are an active NSP or PSIA member, please attach a scanned PDF of your current membership card or any other proof of your current membership status.
  • Ski School: requires a company email address or upload an image of your ski school ID
  • Mountain Operations: requires a company email address
  • No other resort employees qualify at this time.

Outdoor Wilderness Educator
  • Example organizations include: NOLS, NatureBridge, Outward Bound, etc
  • Professional avalanche association members, forecasters, and course instructors
  • Requires an official email address issued by the organization
  • Provide URL of the organization's website

Environmental/Conservation Non-Profit Organizations
  • Qualifying Non-Profits must focus on protecting wild places for their habitat and recreational value
  • Volunteers are not eligible
  • Requires an official email address issued by the organization
  • Provide URL of the organization's website

Military
  • Active service members in Special Operations
  • Army Special Operations Command (USASOC)
    Naval Special Warfare Command (NSWC)
    Air Force Special Operations Command (AFSOC)
    Marine Special Operations Command (MARSOC)
  • All other service members can purchase Mountain Hardwear products on www.govx.com
  • You must apply with your military email address
  • You must include your job description

Government Agencies, Firefighters
Our program is currently open to the following agencies:
  • Federal: National Park Service, Forest Service, BLM, Fish and Wildlife, Fire
  • State: Parks and Recreation departments, Fish and Wildlife Management, Fire
  • City: Parks and Recreation departments, Fire
  • No other government agencies qualify at this time.
  • You must apply with an official government-issued email address

Outdoor Industry Professionals
  • Employees of outdoor industry companies (outdoor, climbing, skiing, cycling, etc)
  • Your company must be an active member of the OIA or SIA
  • Climbing Gym Setters and Staff
  • Requires a business email address AND URL of company website

INELIGIBILITY
The following are not eligible to participate in Mountain Hardwear's Professional Purchase Program:

  • Political organizations or persons holding elected public office
  • Religious organizations for religious purposes
  • Organizations that discriminate on the basis of race, color, religion, national origin, age, marital status, handicaps, or sexual preference.
  • Employees of Columbia or its affiliates.
  • Any person or organization that Mountain Hardwear otherwise determines is ineligible.

2. Program Purchases.

  • To place a Professional Purchase Program order, sign into www.mountainhardwear.com using the email address registered with Mountain Hardwear’s Professional Purchase Program. All orders are subject to these Terms and Conditions and to the Terms of Sale at www.mountainhardwear.com. Once you are signed in, you will see the Program price next to the suggested retail price of each item. Not all products may be discounted or discounted at the same rate.
  • Program pricing is confidential and may not be disclosed by you to anyone who is not a participant.
  • Your total combined purchases at Program prices may not exceed $10,000 annually.
  • Program pricing may not be combined with any other offer or discount. Purchases made through this Program and are not Qualifying Purchases and are not eligible for rewards under Mountain Hardwear’s Elevated Rewards Program.
  • A separate Mountain Hardwear online account must be set up to for non-Program purchases on www.mountainhardwear.com, including purchases you make for friends and family.
  • Products purchased through Mountain Hardwear’s Professional Purchase Program are for your professional use only (no friends or family purchases are allowed). Purchase of products for resale is strictly prohibited. Any resale of products or purchases for people other than you and your professional staff will result in immediate disqualification.

3. Your Obligations. To participate in Mountain Hardwear’s Professional Purchase Program, you agree to:

  • Wear Mountain Hardwear products while working, when appropriate.
  • At Mountain Hardwear’s request, provide Mountain Hardwear with at least one action photo or video showing you in Mountain Hardwear gear.
  • Provide certain personal, demographic, business and employment information and product feedback from time to time as requested by Mountain Hardwear, for Mountain Hardwear’s internal use.
  • Comply with the requirements of the Federal Trade Commission’s Endorsement Guides any time you share your love of Mountain Hardwear products. You may learn more about these requirements at https://www.ftc.gov.
  • Comply with these Program Terms and Conditions.

4. Media Rights and Publicity.

If you provide any images or video to Mountain Hardwear, you grant Mountain Hardwear and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize, and otherwise exploit your name, photograph, video, likeness, written and other information and materials that you provide t in whole or in part, in any manner and for whatever purpose Mountain Hardwear shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use. You represent and warrant that Mountain Hardwear’s use of any images or materials as provided hereunder shall not violate or infringe upon rights of any third parties, including any trademark, patent, copyright or other intellectual property right.

5. Cancellation, Termination, and Expiration.

  • You may cancel your membership at any time by emailing your cancellation request Mountain Hardwear at propurchase@mountainhardwear.com. Please note that it may take up to four weeks to process your request.
  • Mountain Hardwear reserves the right to reject, suspend or terminate your account, Program access, and outstanding orders at any time, for any reason or no reason, in its sole discretion.
  • Your Program access expires annually. To continue to participate, you must submit a new online application and eligibility verification.
  • Upon cancellation, expiration, or termination, you will no longer have access to the Program and your account may be deactivated. Each party’s respective obligations under Sections 2(b) (confidentiality of pricing) and 4 (Media Rights and Publicity) will survive the termination of your participation in the Program for any reason.

6. Communication.

You may opt out of marketing e-mail communications and still participate in this Program. You may email us at propurchase@mountainhardwear.com to request to be unsubscribed from all Professional Purchase Program e-mail communications, but because e-mail is the primary source of communication for the Program, electing to opt out of all Program e-mail communications will limit your participation and the value of the Program to you.

7. Privacy Policy.

The information you provide as a member of this Program will be handled in accordance with these Terms and Conditions and the Mountain Hardwear Sportswear Privacy Policy, available at www.mountainhardwear.com/privacy-policy. By enrolling in this Program, you consent to the use of your personal information in accordance with Mountain Hardwear’s Privacy Policy as it may be updated from time to time.

8. General Terms

  • Mountain Hardwear reserves the right to modify, terminate, amend, limit, or otherwise change these Terms and Conditions, benefits of the Program, or conditions of participation in the Program, in whole or in part, at any time with or without notice to you. Changes to these terms will be posted. If you choose to continue to participate in the Program, you accept the revised Terms and Conditions.
  • Mountain Hardwear reserves the right to make Program promotional offers available to select participants only based on purchase activity, geographic location, Program participation, eligibility criteria, or other information supplied by participants.
  • You are responsible for any tax liability related to your participation in the Program and your Program purchases.
  • Abuse of the Program, including failure to abide by these Terms and Conditions, the sale or barter (or attempted sale or barter) of product purchased through this Program, or any misrepresentation of fact relating thereto or other improper conduct as determined by Mountain Hardwear in its sole judgment, may result in termination of your account and disqualification from future Program participation.
  • Mountain Hardwear reserves the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by Mountain Hardwear will be final and conclusive in each case.
  • The Program and these Terms and Conditions will be governed by and construed under the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms and Conditions 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.
  • IN NO EVENT SHALL MOUNTAIN HARDWEAR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROFESSIONAL PURCHASE PROGRAM. HOWEVER, 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 NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW. ANY DISPUTE OR CLAIM BETWEEN YOU AND MOUNTAIN HARDWEAR, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PARTICIPATION IN THE PROFESSIONAL PURCHASE PROGRAM, ANY PRODUCTS SOLD BY MOUNTAIN HARDWEAR OR THROUGH THE SITES, OR THESE TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THESE TERMS AND CONDITIONS IS VOID, VOIDABLE OR OTHERWISE INVALID.

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AND CONDITIONS AS A COURT WOULD.

    To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Mountain Hardwear at Mountain Hardwear Brands USA, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Mountain Hardwear will reimburse those fees for claims totaling less than $10,000. Likewise, Mountain Hardwear will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

    WE EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, WE BOTH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

    THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MOUNTAIN HARDWEAR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  • The Mountain Hardwear logo and other logos, trademarks, and trade names of Mountain Hardwear are the intellectual property of Mountain Hardwear or its affiliates. These Terms and Conditions do not give you any rights in or licenses to any Mountain Hardwear intellectual property, and you agree you will not obscure or remove Mountain Hardwear’s name or logos from products purchased through the Program.
  • The failure or forbearance by Mountain Hardwear to exercise any of its rights or remedies with respect to any default or breach of these Terms and Conditions will not operate as a waiver of any such default or breach, or other subsequent non-performance.
  • If any provision in these Terms and Conditions is found or held to be invalid or unenforceable, then the meaning of said provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of these Terms and Conditions, which will remain in full force and effect.
  • If there is any conflict between these Terms and Conditions and any other terms or conditions at www.mountainhardwear.com or otherwise, to the extent of such conflict, these Terms and Conditions shall govern. These Terms and Conditions supersede all previously published Program terms and conditions.