Terms of Servise

These Terms of Use, together with our Privacy Policy, and any other legal notices, terms, and policies expressly incorporated herein (collectively, “Terms of Use”), are a binding agreement between you and Himalayan Gear, USA Inc. and its subsidiaries or affiliates (“we,” “us,” or “Company”). By creating an account, making a purchase, signing-up for our loyalty program, making a reservation, or accessing, visiting, or otherwise engaging with (collectively, “interacting”) the website www.himalayangear.com, the website www.himalayangear.com (collectively our “Websites”), or the Himalayan Gear mobile application (our “App”), you are agreeing to be bound by and abide to these Terms of Use. Our Websites and App, together with the content, products, experiences, and services we provide, are collectively referred to herein as our “Services”.

Please read our Terms of Use carefully before you start interacting with our Websites or App. If you do not want to agree to our Terms of Use, you must not create an account, make a purchase, sign-up for our loyalty program, make a reservation, interact with our Websites and App, or otherwise engage with us.

COMPLIANCE WITH OUR TERMS OF USE

You agree to use our Websites and App only in accordance with these Terms of Use, whether you are a “Visitor” (which means that you simply browse as an unregistered user) or you are a “Member” (which means you have registered and have an account with us). The term “User” means a Visitor or a Member. Please read and save all of these Terms of Use. If you do not agree with the Terms of Use, do not use our Websites or App, any of their features, or otherwise engage with us.

If you register to become a Member you may be required to indicate your acceptance to these Terms of Use during the registration process. Members of our loyalty program are subject to our Loyalty Program Terms and Conditions. You agree that all information you provide for Membership or otherwise, including, but not limited to, through the use of any interactive features on our Website or App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Eligibility

By engaging with our Services, you represent and warrant that you are at least the age of majority in your state or province of residence. If you do not meet this requirement and have not received explicit, verifiable parental consent, you are not permitted to access or use our Website or App, or otherwise engage with us. You agree to provide current, complete, and accurate purchase and account information for all purchases with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Engaging with our Services and registering to be a Member (“Membership”) are void where prohibited. By creating an account, making a purchase, signing-up for our loyalty program, making a reservation, or interacting with our Websites or App, you represent and warrant that (a) you are the age of majority in your state or province of residence; (b) all information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your engagement with us does not violate any applicable law or regulation. We reserve the right to terminate your account at our discretion for any breach of these Terms of Use.

Changes to Our Terms of Use

We may revise and update our Terms of Use from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access and use of our Website and App thereafter. Your continued engagement with us following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check our Terms of Use frequently, so you are aware of any changes, as they are binding on you. If you are dissatisfied with our Services or any terms and conditions herein (including as modified), you agree that your sole and exclusive remedy is to discontinue engaging with Services.

SERVICES AVAILABILITY AND LIMITATIONS

Certain Services may be available exclusively through only one of our Websites, our App, or a combination thereof. There may be limited quantities available. While we have made every effort to display as accurately as possible the colors and images of our products that appear through our Websites and App, we cannot guarantee that your device’s display will be accurate. All descriptions and pricing of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Sales are void where prohibited. Your purchases are subject to our Return Policy, unless specified otherwise at the time of purchase.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

ACCESSING OUR SERVICES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any of our Services, including changes to our prices, at our sole discretion and without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Services to Users, including Members.

If you register to become a Member, you will be asked to provide contact and account information, such as your email address and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your username and password to log into your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, so please be vigilant in protecting its confidentiality.

We have the right to disable any username, password, or other identifier at any time at our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.

Your Use of Our Websites and App

You agree not to use our Websites and App for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer our Websites and App or any portion thereof or use it in any manner not expressly authorized by these Terms of Use. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of our Websites or App. Tampering with our Websites or App, or any of the features or content available thereon, misrepresenting the identity or age of a User, or conducting fraudulent activities are prohibited.

Prohibited Uses

You may use our Websites and App only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites and App:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors (defined, for purposes of these Terms of Use, as Users under the age majority in their state or province of residence) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm the Company or Users of our Services, or expose them to liability.

Additionally, you agree not to:

Use our Websites or App in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Websites and App.
Use any robot, spider, or other automatic device, process, or means to access our Websites or App for any purpose, including monitoring or copying any of the material on our Websites or Apps.
Use any manual process to monitor or copy any of the material on our Websites or App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Websites or App is stored, or any server, computer, or database connected to our Services.
Attack our Websites or App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our Website and App.

INTELLECTUAL PROPERTY RIGHTS

Our Services and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

Our Company names, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans used with our Services are the trademarks of their respective owners.

Content You Upload

We do not claim any ownership rights in the content (including but not limited to text, images, photos, and videos), that you post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) on our Websites, App, or social media pages (“User Contributions”). After posting your User Contributions, you continue to retain any such rights that you may have in your User Contributions, subject to the limited license herein. Our Services may contain the content of other Users and other licensors. Except as provided within the Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content, including User Contributions, which appear on or through our Services.

By posting User Contributions, you hereby grant us an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such content on or through our Services. From time to time, we may remove User Contributions (whether in whole or in part) from our Services, permanently or temporarily.

All User Contributions must comply with the following Content Standards. By posting any content, you represent and warrant that: (a) you own the content or otherwise have the right to grant the licenses set forth above; and (b) and posting will not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any User Contribution you make.

CONTENT STANDARDS

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Reveal sensitive personal information, such as your health information, government identifiers, and account access credentials.
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We may reject, refuse to post or delete any User Contributions for any or no reason, including, without limitation, content that in our sole judgment violates these Terms of Use. We assume no responsibility for monitoring our Websites, App, and social media pages for inappropriate content or conduct. If at any time we choose, at our sole discretion, to monitor our Websites or App, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

We are not responsible for and make no warranties, express or implied, as to any content Websites, App, or social media pages, including, without limitation with respect to the accuracy and reliability of the content, including User Contributions, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by our Services, or otherwise. User Contributions do not necessarily reflect our opinions or policies. Content, including User Contributions, may contain links to other websites. Inclusion of any linked website does not imply our approval or endorsement of the linked website. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. When you access these third-party sites, you do so at your own risk.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Websites or App infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on our Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on our Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

DISCLAIMERS

We take no responsibility for third-party advertisements, applications, or content that are posted on or through our Website, App, or social media pages, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of our Services including, without limitation, any User Contributions. By voluntarily uploading content in your User Contributions, on our social media pages, or in communications with us, including any sensitive or personal information you choose to disclose, you acknowledge and agree that you do so at your own risk. We disclaim any responsibility for disclosures arising from such voluntary submissions, and you are solely responsible for the content you choose to share.

We are not responsible if information made available through our Services is not accurate, complete, or current. The material on our Websites, App, and social media pages, including User Contributions, are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on our Websites, App, or social media pages is at your own risk. Our Websites, App, or social media pages may contain certain historical information that is not current. We reserve the right to modify the contents thereon at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Services.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of our Websites, App, or social media pages, or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with our Services.

Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from engaging with our Services, from any User Contributions, or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone, or other property resulting from your engagement with our Services. We will not be liable to you if you are unable to access our Website, App, or social media pages.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain limitations or exclusions in these Terms of Use may not apply to you.

Our Services are provided “AS-IS” and as available. We do not warrant that the quality of our Services will meet your expectations. We expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of any of our Services.

LIMITATION OF OUR LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

INDEMNIFICATION

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your engagement with our Services in violation of the Terms of Use, and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth in the Terms of Use, and/or arising out of or relating to any content that you post or third-party transaction that you enter or attempt to enter in connection with our Services.

MISCELLANEOUS

These Terms of Use will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. Any dispute relating to these Terms of Use or our Services may be litigated only in a court having jurisdiction and venue in Multnomah County, Oregon, for state court causes of action and in the District of Oregon for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. We may assign the Terms of Use, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER (COLLECTIVELY, “CLAIMS”). EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. ANY CLAIMS YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

These Terms of Use are accepted upon you interacting with our Services or any of its features and is further affirmed upon you becoming a Member. The Terms of Use constitute the entire agreement between you and the Company regarding the use of our Websites. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The Terms of Use operate to the fullest extent permissible by law. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to our Services should be directed to support@himalayangear.com.