TrailPeak Terms and Conditions of Use

Last revised 7 May 2019

Welcome to TrailPeak’s Internet website: trail-peak.com. TrailPeak and/or its affiliates (“TrailPeak”, “we” or “us”) provides website access and features to you subject to the following Terms & Conditions of Use (collectively the “Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY TRAILPEAK WEBSITE. BY USING ANY TRAILPEAK WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. PLEASE NOTE THAT SECTION 16 BELOW CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION TO RESOLVE DISPUTES AS WELL AS JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. TrailPeak may, in the future, modify or revise these Terms at its sole discretion, without any notice. When we make changes, we will update these Terms here. Your use of this Website and any other TrailPeak Websites, including but not limited to: trail-peak.com, and any other websites owned, operated or maintained by TrailPeak now or in the future (the “Websites”) following any such revision constitutes your agreement to the revised Terms. You should check these Terms periodically for changes. The Websites are the property of TrailPeak and its licensors.

By using the Websites, you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Websites. The Websites and the information contained in reference herein are for your personal, non-commercial use only. As long as you fully comply with these Terms, TrailPeak grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites.

1. Website Content. All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Websites is owned, controlled or licensed by or to TrailPeak, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without TrailPeak’s express prior written consent. You may only use the Content and information on TrailPeak products and services (such as data sheets, product images, technical specifications, articles, and similar materials) from the Websites, provided that you (1) do not remove any copyright or other proprietary notice from any of the materials, (2) use such information only for your personal informational use and do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, (3) do not use the Content in a manner that implies an association with TrailPeak, or any of our products, services or brands, and (4) do not make any additional representations or warranties relating to such materials.

2. Third-Party Links. The Websites may contain links to other third-party websites (“Linked Websites”). Any such Linked Websites are provided solely for your reference and as a convenience to you. TrailPeak does not endorse or make any representation or warranty regarding the content or accuracy of such Linked Websites. Such Linked Websites are not under TrailPeak’s control, and TrailPeak is not responsible for and makes no endorsement or representation about the information or materials contained on such Linked Websites. If you access any Linked Websites, you do so at your own risk. TRAILPEAK IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY OR LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF THIRD-PARTY OR LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

3. Limited License to Access Websites. As long as you comply with these Terms, TrailPeak grants you a limited license to access and make personal use of the Websites. TrailPeak also grants you a limited, revocable, and non-exclusive right to create a link to the Websites’ home pages provided that the link does not portray TrailPeak, or its products or services, in a false, misleading, negative, derogatory, or otherwise offensive matter. You may not use any TrailPeak logo or other proprietary graphic or trademark as part of the link without our express written permission. Without the express prior written consent of TrailPeak, this limited license does NOT allow you: (1) to reproduce, duplicate, copy, sell, resell, visit, or in any way otherwise use or exploit for any commercial purpose all or any part of the Websites or their Content; (2) to collect and/or use any product listings, descriptions, or prices; (3) any derivative use of the Websites or their Content; (4) to download or copy information, including but not limited to account information, for the benefit of yourself or any third party; (5) to download or modify all or any part of the Websites or their Content; (6) any use of data mining, robots, or similar data gathering and extraction tools; (7) to use any meta tags or any other hidden data utilizing TrailPeak’s name or trademarks; (8) to frame or capture any trademark, logo, or other proprietary information (e.g., text, photographs, images, page layout, etc.) on the Websites, and/or (9) any other inappropriate or improper use of the Websites or their Content. Any unauthorized use by you of any of these Terms shall automatically terminate the limited license granted by TrailPeak to you to use the Websites or their Content.

4. Your Account and Obligations. If you use the Websites, you are solely responsible for maintaining the confidentiality of your account information (including but not limited to your password and credit card information) and for restricting access to your computer. You agree to accept full responsibility for all activities that occur under your account or password and you agree to notify TrailPeak immediately of any unauthorized use of your account or password, or any other breach of security. You understand and agree that you may be held liable for losses incurred by TrailPeak and/or any other user of or visitor to the Websites due to someone else using your TrailPeak username, password or account if you fail to keep your account information secure and confidential.

You may not use any other person’s TrailPeak username, password or account at any time without the express permission and consent of the holder of that TrailPeak username, password or account. If you are under 18, you may use TrailPeak’s Websites only with involvement and approval of a parent or guardian. TrailPeak will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree not to 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, or another person’s name, likeness, voice, image or photograph. You also agree to notify TrailPeak immediately upon learning of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any TrailPeak Websites. TrailPeak may suspend or terminate your account and your use of any Websites if you fail to comply with these Terms, and TrailPeak reserves the right to refuse service, terminate any account, remove or edit Content, and/or cancel orders in TrailPeak’s sole discretion.

Your use of the Websites is conditioned upon your agreement to comply with all applicable laws in connection with your use of the Websites, these Terms, and such further limitations as may be set forth in any written or on-screen notice from TrailPeak. In addition, you agree that all information that you provide to TrailPeak in connection with any purchase, transaction or other interaction with TrailPeak on the Websites will be accurate, complete, and current. You agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with TrailPeak at the prices in effect when such charges are incurred.

By using the Websites, you agree not to violate, attempt to violate or assist others in violating or attempting to violate the security of the Websites, including, without limitation, doing or attempting any of the following: (1) probing, scanning, or testing the vulnerability of the Websites, their servers, systems or networks, (2) breaching authentication/security measures, (3) logging into a server or account or accessing data that you are not authorized to access, (4) interfering in any way with the Websites’ services to any user, host, or network, by any means including, viruses, spam, overloading, etc., and/or (5) sending unsolicited email, and/or forging headers in any email or posting. You agree that TrailPeak may, in its sole discretion and without prior notice, terminate your access to the Websites and/or block your future access to the Websites, for any reason, including but not limited to: (1) if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Websites, (2) requests by law enforcement or other government agencies, (3) a request by you, (4) discontinuance or material modification of the Websites or any service offered on or through the Websites, or (5) technical issues or problems. You agree that TrailPeak will not be liable to you or to any third party for termination of your access to the Websites. You also agree that any violation by you of these Terms will constitute at minimum an unlawful and unfair business practice, and will cause irreparable harm to TrailPeak, for which monetary damages may be inadequate, and you consent to TrailPeak obtaining any injunctive or equitable relief that TrailPeak deems necessary or appropriate in such circumstances. If TrailPeak initiates any legal action against you as a result of your violation of these Terms, you agree that TrailPeak will be entitled to recover from you, and you agree to pay, all of TrailPeak’s reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TrailPeak. These remedies are in addition to any other remedies TrailPeak may have at law or in equity.

5. Electronic Communications. When you visit TrailPeak Websites or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Privacy. TrailPeak uses its own and third-party cookies to improve your experience and our services, by analyzing how people use our website. By continuing to use the Websites, you accept the use of cookies. Please review TrailPeak’s Privacy Policy at www.trail-peak.com/privacy-policy/ which applies to your use of the Websites, and which is incorporated into and made a part of these Terms by this reference. Additionally, by using the Websites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7. Copyright. All Content included on the Websites, such as text, images, graphics, logos, icons, audio and video clips, digital downloads, data compilations, and software, and the compilation of all Content on this Websites is the exclusive property of TrailPeak, its licensors, or its suppliers and protected by the United States Copyright Act and international copyright laws. Nothing stated or implied on the Websites gives you any license or legal right under any copyright of TrailPeak or any third party. Federal and state laws prohibit you from duplicating, copying, reproducing, broadcasting, modifying, editing, distributing, displaying, publishing, performing, circulating, or transmitting any Content or part of the Websites for any purpose.

8. Trademarks. All trademarks, logos and service marks (the “Marks”) displayed on the Websites are owned by TrailPeak and/or third parties. You are prohibited from using any of the Marks without the express, prior, written permission of TrailPeak or such third party. If you would like information about obtaining TrailPeak’s permission to use the Content on your website, please contact us through the information on our website. Some of the U.S. registered trademarks owned by TrailPeak include but are not limited to: TRAILPEAK, and the TRAILPEAK MOUNTAIN LOGO. All other Marks on our Websites and other TrailPeak graphics, logos, page headers, icons, scripts, and service names are trademarks, registered trademarks, and/or trade dress of TrailPeak in the U.S. and/or other countries and are owned exclusively by TrailPeak. TrailPeak’s trademarks and trade dress may not be used in connection with any product or service that is not TrailPeak’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TrailPeak. All other trademarks not owned by TrailPeak that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TrailPeak.