Terms and Conditions
Welcome to hyperlitemountaingear.com. Please take a few minutes to review these Terms and Conditions. The use of the hyperlitemountaingear.com website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, offering your thoughts and ideas, activating an account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them, and that disputes that may arise under them will be governed by the laws of the State of Maine, without giving effect to any conflict of laws principles.
These Terms and Conditions May Change
Hyperlite Mountain Gear (“HMG”) reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
You may access and view the content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the content, (b) do not modify or alter the content in any way, and (c) do not make the content available to any third party. HMG reserves complete title and full intellectual property rights in any Content that you download from this Website. You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this Website; and (c) conducting fraudulent activities.
Hyperlinks to Other Websites
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which HMG does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Website and all Content available on this Website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that HMG shall not be liable for any damages of any kind related to your use of this Website.
HMG attempts to ensure that the Content on this Website is complete and current. As indicated in the terms set forth below, HMG cannot guarantee that the information contained on this Website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. HMG reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you. Further, HMG reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, HMG shall promptly issue a credit to your credit card.
The HMG logos and trademarks, as well as other marks, trade names, trademarks, and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by HMG or an HMG affiliate or by third parties who have licensed their rights to HMG. All Content is copyrighted as a collective work under the U.S. and international copyright laws and HMG owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and "frame" the Content in any manner or sell or attempt to sell the Content.
Limitations of Liability
IN NO EVENT SHALL HMG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF HMG OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN HMG TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Links to Third Party Websites
The Terms and Conditions constitute the entire agreement between you and HMG with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and HMG with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by HMG. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Venue for Disputes
Any action relating to the use of the Website or any transaction with Hyperlite Mountain Gear must be brought in the state or federal courts located in the County of York, Maine.
Last Updated: June 2010
Additional Topics of Interest