3. Mobile Services and Contact Information
The Site may include certain features or services that are available via your mobile phone (the "Mobile Services"), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you have the option, but are not required, to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier's normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
4. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Montrail logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Montrail or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Montrail, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Montrail has adopted a policy of terminating, in appropriate circumstances and at Montrail's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Montrail may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: John C. Motley
Full Address of Designated Agent to Which Notification Should be Sent: 14375 NW Science Park Drive, Portland, OR 97229
Telephone Number of Designated Agent: 503-985-4012
Facsimile Number of Designated Agent: 503-985-5012
E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
“Montrail,” the Montrail logo, “Gryptonite,” “Fluidpost,” “Integrafit,” “Best on Trail,” the PRFRM logo, “Enduro-Soles,” “Run Like a Girl,” “Terra-Hex,” “Ultra Cup” and various product names that may appear on this website, are trademarks or registered trademarks of Montrail in the United States and other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Montrail or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Montrail" or any other name, trademark or product or service name of Montrail without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Montrail and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Montrail or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Montrail logo or other proprietary graphic of Montrail to link to this Site without the express written permission of Montrail. Further, you may not use, frame or utilize framing techniques to enclose any Montrail trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Montrail's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Montrail or any third party.
Montrail makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Montrail and Montrail is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Montrail provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Montrail of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
Montrail may provide or allow third party content on the Site and may provide or allow links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Montrail does not monitor or have any control over any Third Party Content or third party websites. Montrail does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Montrail does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Site are strictly the opinion of the user posting such reviews or comments, and Montrail does not endorse or approve any such reviews or comments.
10. Advertisements and Promotions; Third-Party Products and Services
Montrail may run or allow advertisements and promotions from third parties on the Site or may otherwise provide or allow information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Montrail is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Montrail advertisers or third party information on the Site.
11. User Content and Interactive Services or Areas
The Site may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
12. Rights in User Content and Submissions
Except as otherwise expressly stated by Montrail, Montrail does not claim ownership of any User Content or other materials you post or upload on the Site or otherwise provide or submit to Montrail. However, unless we indicate otherwise, you grant Montrail a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the Site unless otherwise indicated on the Site. You grant Montrail and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause harm, injury or death to any person or entity.
Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials regarding the Site, Montrail or Montrail's products or services that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and shall become the sole property of Montrail. Montrail shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. User Conduct.
By using the Site, you agree to abide by the Montrail Code of Conduct, which states that you agree not to:
Montrail is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is Montrail responsible or liable for any loss, damage, injury, or harm associated therewith. Although Montrail has no obligation to monitor any user conduct on the Site or in any Interactive Area, Montrail reserves the right, and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason without notice. Montrail does not approve or endorse any user-posted meetings or events referenced on the Site, and Montrail recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. Your use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
14. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to Montrail, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Montrail.
15. Financial Material Disclosure.
Forward-Looking Statements. This Site, and any documents issued by Montrail and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Columbia Sportswear Company Annual Report on Form 10-K, including information contained under the section captioned "Management’s Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Columbia Sportswear Company filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Columbia Sportswear Company undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by Montrail should not be deemed accurate or current except as of the date the release was posted. Montrail has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Montrail may provide links to third-party websites or services that contain financial or investment information about Columbia Sportswear Company. Access to such websites and the information contained therein is provided as service to those interested in the information. Columbia Sportswear Company neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Columbia Sportswear Company does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Columbia Sportswear Company makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Montrail, its contractors, suppliers, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Montrail and/or its contractors, suppliers, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MONTRAIL, THE SITE, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MONTRAIL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS IN THE SITE. MONTRAIL DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MONTRAIL IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND MONTRAIL DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS.
MONTRAIL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MONTRAIL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, MONTRAIL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Montrail reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Montrail.
18. Limitation of Liability
IN NO EVENT SHALL MONTRAIL, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MONTRAIL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MONTRAIL'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MONTRAIL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MONTRAIL FOR ACCESS TO OR USE OF THE SITE.
19. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding directly or indirectly arising out of or related to these Site Terms.
Notwithstanding any of these Site Terms, Montrail reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
22. Questions & Contact Information
Questions or comments about the Site may be directed to Montrail at the email address Montrail@custhelp.com or by calling us at (855) 698-7245.