Terms & Conditions
Terms & Conditions
Eligibility
You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
Copyright, Trademark and Other Intellectual Property Rights
You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform any Content or software without our prior written permission. The Content of the Site, and the Site as a whole, and the software is intended solely for personal non-commercial use by you and other users of the Site. You may download one copy of any materials, other than music, found in the Content on a single computer for your personal, non-commercial use only. This is not a transfer of title to any Content and your use is subject to the following restrictions. You may not (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Site or the software, in whole or in part, except as necessary and incidental to the downloading of the one copy of the materials, other than music, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. We reserve all rights not expressly granted herein.
Submissions
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Site as well as the selection, arrangement and organization of the foregoing and the Site as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to us or our suppliers. Certain trademarks, service marks and trade names on the Site are our registered or unregistered trademarks, service marks and trade names and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this Site is the property of us or our suppliers and is protected by U.S. and international copyright and other intellectual property laws.
References on this Site to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.
Other than personal information which is subject to the Privacy Notice, all comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to us on or through the Site or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall be and remain our property. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. As such, we will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, we shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. We shall have no obligation to use, return, or review any Submissions. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us.
You agree that no Submissions by you to the Site will violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right(s). You also agree that no Submissions by you to the Site will be or contain libelous or otherwise unlawful, abusive, immoral or obscene material or that will constitute or encourage conduct that would be considered criminal or encourage conduct that is criminal. You are and shall remain solely responsible for the content of any Submissions you make. We reserve the right to take any action we reasonably deem necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from this Site of any materials submitted by any user.
Disclaimer/Limitation of Liability
THE SITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN US AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. WE DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED BY USERS, NOR DO WE ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE SITE. WE AND OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE SITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.
IndemnificationYou agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. However, the foregoing indemnity provision shall not apply to the extent that any claim arises from the HIGH MOUNTIANS.COM LLC'S own fraud, willful injury, willful violation of law, negligence, or a violation of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 et. Seq.
Disclaimer
None of the reviews shall be subject to any obligation of confidence on the part of HIGHMTNS.COM and High Mountians.com LLC shall not be liable for any use or disclosure of any review.
Jurisdiction
These Terms of Use are governed by and shall be construed in accordance with the laws of The Commonwealth of Colorado, without regard to any conflict of law provisions, except that the provisions of the New Jersey statutes, known as the New Jersey Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et. seq. will apply. Any action or proceeding arising out of or related to the Terms of Use, our Privacy Notice, or your use of the Site must be brought in the state or federal courts of Colorado and you consent to the exclusive personal jurisdiction of such courts.
Termination
We reserve the right not to provide the Website to any user. We also reserve the right to terminate any user's right to access the Website at any time, in our discretion. If you violate any of these Terms, your permission to use the Website automatically terminates.
Arbitration Agreement & Waiver of Certain Rights
You and we agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and us relating to these Terms of Use or the Site (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with us.