Right to Change Sites and Apps
We reserve the right to modify, suspend or discontinue the Services or any service, content, feature or product offered through the Services, with or without notice, at any time and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered through the Services.
Restrictions on Use of Services Content
Unless otherwise noted, the Services, and all materials on the Sites or Apps, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled, lawfully used, or licensed by Chilly MountainShoes, LLC, its subsidiaries, or its affiliates (referred to as “Chilly Mountain”, “we,” “us,” or “our” herein). In addition, the trademarks for third party products available on the Sites or Apps are owned by third parties and lawfully used by Chilly Mountain on the Services.
The Services and the Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying from the Services. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Services. Absolutely no framing of the Sites or Apps is permitted without the prior written consent of Chilly Mountain. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.
Use of Widgets
Our widgets are tools that you may place on your website to permit your visitors to access our Sites or Apps (each, the “Widget”). Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own personal, non-commercial use. You may not use the Widget for any other purpose without our prior written consent, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
- Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale.
- Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website.
- Place the Widget on any website that includes content that in any way disparages Chilly Mountain or is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.
- Use the Widget in any manner that prevents the end user of your website from linking directly to the applicable page of our Services.
- We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party.
You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing firstname.lastname@example.org. Chilly Mountain shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Chilly Mountain for losses incurred by Chilly Mountain or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Specials, Promotions and Sweepstakes/Contests
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.
User Comments, Feedback, and Other Submissions
If you send certain specific submissions (for example contest entries) or you post comments, photographs, videos, audio, or other content or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Content”), you agree that Chilly Mountainmay, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Chilly Mountain in perpetuity. Chilly Mountainis and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Chilly Mountain has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You are solely responsible for any Comments you make and their accuracy. Chilly Mountain takes no responsibility and assumes no liability for any Comments posted by your or any third party. You agree to indemnify Chilly Mountain for any third party claims against Chilly Mountain relating to or arising out of your Comments.
Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Chilly Mountain. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Services and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.
You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.
Personal Information Submitted Through the Sites
Content Posted by Third Parties
Chilly Mountain is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Chilly Mountainbe held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Chilly Mountain by emailing email@example.com or calling 1.844.625.5667. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Use of Services
Impersonation of others, including a Chilly Mountain employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of Chilly Mountain, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites or Apps, or accessed through this Site or App or any of the Services. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Chilly Mountain.
Chilly Mountain reserves the right, but is not obligated, to do any or all of the following:
- Monitor, edit, or disclose any Content on the Services; and
- In Chilly Mountain’s sole discretion and without cause, it may edit or delete any Content posted on the Services, regardless of whether such Content violates these standards or this Agreement.
If you believe any Content on the Services infringes on your copyright, you may request removal of such Content (or access thereto) from any of the Services by contacting Chilly Mountain as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Chilly Mountain, LLC
Attn: Legal Department
In an effort to protect the rights of copyright owners, Chilly Mountain maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Chilly Mountain or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Chilly Mountain enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Chilly Mountain, LLC.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites or Apps is inaccurate at any time without prior notice (including after you have submitted your order). We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Links to Other Websites and Services
The Sites may contain links to other websites that are not under the control of Chilly Mountain. Chilly Mountainhas no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Sites’ and Apps’ users.
The Services and the materials, widgets and products on the Services are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Chilly Mountain disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Chilly Mountain does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Chilly Mountaindoes not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Chilly Mountain) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Chilly Mountain be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the widgets or products, even if Chilly Mountain or authorized representatives of Chilly Mountainhave been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Chilly Mountain’s total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Chilly Mountain, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
All orders placed through the Services are subject to Chilly Mountain’s acceptance. Chilly Mountain may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Chilly Mountainshall issue you a refund.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.
Choice of Law
This Agreement shall be construed in accordance with the laws of the state of California, U.S.A. without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Bernardino County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Chilly Mountain’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.
If you access and use this website outside the United States you are responsible for complying with your local laws and regulations.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at 1-800-952-5210.
California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers’ safety and hope that the information below helps with your buying decisions. For more information about California Proposition 65 click here.
Force and Effect of Agreement
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Chilly Mountain’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Transshipping and grey market trade hurt our distribution, undermining our business and that of our Customers. Customers may only sell Chilly Mountain Products to retail consumers for personal use. Sales to other retailers, jobbers, distributors, freight forwarders, brokers, or any other person where an Account knows (or reasonably should know) that the products are likely being purchased for resale, are prohibited.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at firstname.lastname@example.org.