These Terms of Use (“Terms”) are effective as of April 15, 2023.
Please read and understand. These Terms set forth important details about your relationship with Hiker Country‚ including the rights you grant to Hiker Country‚ restrictions on how you can use this web site or mobile application‚ Hiker Country's liability in the event something goes wrong‚ and our agreement to resolve disputes via binding arbitration without resort to class action litigation.
This website or mobile application (the “Site”) is owned and operated by Hiker Country. By accessing‚ using‚ registering for‚ or purchasing merchandise from the Site‚ you agree to be bound by these Terms. All visitors to and users of any aspects of Site (collectively‚ “Users”) are bound by these Terms.
Hiker Country reserves the right to make changes to this Site‚ our policies and these Terms at any time. All changes are effective upon posting. By accessing‚ signing in or registering to use the Site‚ you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms‚ you should not access‚ use‚ register for‚ or purchase merchandise from the Site.
Users of all ages are welcome to browse the Site under the terms set forth herein, however, you may only establish an account if you are of the age of majority in your state of residence. In order to purchase products or services from the Site and in order to access or use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account and further that you have agreed to these Terms and Conditions. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer or device. All activities that occur under your account or password shall be your responsibility. In the event you become aware that your account or password have been lost, compromised or are being used in an authorized fashion it is your responsibility to contact our customer service immediately.
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, information on the Site may occasionally be inaccurate, incomplete or out of date. For example, products included on the Site may be unavailable than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any product or service on the Site at a particular time does not imply or warrant that the product or service will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, harassing, insensitive, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that is derogatory towards, among others, any individual, race, religion, gender, sexual orientation or could constitute or encourage violence or conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law on or through the Site. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Other than personally identifiable information, which is subject to the Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND WE DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE.
In no event shall Hiker Country or their respective affiliates‚ or the shareholders‚ directors‚ officers‚ members‚ managers‚ employees‚ agents or representatives of any of the foregoing‚ be liable to you or any third party for damages of any kind (including‚ but not limited to‚ any direct‚ indirect‚ special‚ punitive‚ incidental or consequential damages or damages for loss of profits‚ goodwill or revenue‚ business interruption‚ or loss of data) arising out of the use of‚ access to‚ reliance on‚ unavailability of‚ inability to use‚ or improper use of the site‚ including but not limited to any user content‚ reviews‚ advice‚ services‚ products‚ and other information and materials contained in or described on site‚ or the disclosure or misuse of any user’s personal information‚ even if they have been advised of the possibility of such damages‚ and regardless of the form of action‚ whether in contract‚ tort‚ or otherwise. In no event shall Hiker Country be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.