LEGAL NOTICESLast updated: April 1, 2012
The use of Backcounty.com, Inc. ("Backcountry"), and its affiliated websites is governed by the following legal notices and conditions. By using Backcountry and its affiliated Websites, you agree to these conditions.
Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Backcountry or their sites or their content.
Communications between you and Backcountry may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail.
All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of Backcountry or its suppliers and protected by United States and international copyright laws.
Backcountry graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Backcountry in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Backcountry, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Backcountry. There may be other trademarks not owned by Backcountry appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with BackcountyBackcountry.
If you believe that your work has been copied by Backcountry, then please contact Backcountry's Legal Department at: Backcountry.com, Inc., Attn: Legal Department, 1678 West Redstone Center Drive, Park City, UT 84098, Legal@Backcountry.com.
LICENSE AND SITE ACCESS
Backcountry grants you a limited license to use its websites for personal use only. You may not copy or reproduce the website, or any portion of it, without Backcountry's express written consent. In addition, Backcountry grants you a limited, revocable, and nonexclusive right to create a hyperlink to Backcountry's website, so long as the link does not portray Backcountry in a misleading, derogatory, false, or otherwise offensive manner.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Backcountry reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use Backcountry without the involvement of a parent or guardian over the age of 18.
The Internet, being an open network, is not secure. If you choose to send any electronic communications to Backcountry by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Backcountry does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Backcountry makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post content on certain portions of Backcountry's websites, and submit other content or information to Backcountry, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Backcountry. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Backcountry reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Posting content or submitting material shall grant Backcountry the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Backcountry and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Backcountry for all claims resulting from content you supply. Backcountry has the right but not the obligation to monitor and edit or remove any activity or content. Backcountry takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS, RETURNS, REFUNDS AND TITLE
All items purchased from Backcountry are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Backcountry does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Backcountry does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING AND PRODUCT DESCRIPTIONS
Backcountry makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, Backcountry shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. Backcountry does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by Backcountry is not as described, your sole remedy is to return it in unused condition.
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Backcountry's knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BACKCOUNTRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BACKCOUNTRY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BACKCOUNTRY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BACKCOUNTRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BACKCOUNTRY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BACKCOUNTRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CLAIMS AGAINST BACKCOUNTRY
If you have a claim against Backcountry, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the Utah Arbitration Act. You also agree not to bring a class action suit against Backcountry, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
The law of the State of Utah and federal law to the extent applicable governs the use of Backcountry sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Utah State Court, Summit County, Utah.
BACKCOUNTRY'S RIGHT TO AMEND AND REMOVE POLICIES
Backcountry has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
Attn: Legal Department
1678 West Redstone Center Drive
Park City, UT 84098