MOUNTAIN STEALS TERMS and CONDITIONS
Last Updated September 14, 2023
1. Acceptance of Terms
Mountain Steals ("Mountain Steals" or "we", "us", "our"), provides access to the Mountain Steals website, located at https://www.mountainsteals.com. Your use of the website, including digital operations at or through our mobile/tablet sites, our social media presence, our loyalty program, our applications, and our SMS text message program (collectively, the "Site") is subject to your acceptance of this Agreement (this "Agreement" or these "Terms").
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 21 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND MOUNTAIN STEALS ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.
4. Use of the Site
You understand that Mountain Steals is good, but not perfect. Therefore, we cannot and do not guarantee that the Site will be free of infection from viruses or other mean computer stuff that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You should implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. Risk: Internet Use
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AMONG OTHER THINGS, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE MEAN PEOPLE IN THE INTERNET WORLD AND THEREFORE, ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY.
6. Paddling Safety Agreement
Get qualified instruction for the type of craft and equipment you will use, and follow safe practices. In addition:
• Always wear a USCG-approved personal flotation device (PFD or life vest).
• Obtain certified first-aid training and carry rescue/safety equipment.
• Guard against hypothermia-dress appropriately for weather and water conditions.
• Be aware of river water levels, tidal changes, dangerous currents, underwater hazards, and weather changes.
• Never paddle in flood conditions and never paddle alone.
• Review your owner's information package periodically.
I UNDERSTAND THAT PADDLING INVOLVES CERTAIN RISKS INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY OR DEATH. I FREELY AGREE TO ASSUME FULL RESPONSIBILITY FOR THE RISKS INVOLVED.
7. No Warranties
DUE TO STUFF THAT WE UNFORTUNATELY CAN'T CONTROL, MOUNTAIN STEALS DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MOUNTAIN STEALS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, OTHER THAN MOUNTAIN STEAL'S PRODUCT GUARANTEE.
SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
8. System Outages
Mountain Steals periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. We are sorry, but Mountain Steals shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, to the fullest extent permitted by applicable law, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Mountain Steals and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your misuse or abuse of the Site, or (ii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Mountain Steals' defense of any claim. Mountain Steals reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Mountain Steals.
10. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content"), is the property of Mountain Steals and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary laws. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Mountain Steals.
You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site or the Content. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third party licensors. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Mountain Steals.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Mountain Steals or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any copyright owned by Mountain Steals or any third party.
11. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Mountain Steals respects the intellectual property rights of others and requires those that visit our web site to do the same. Mountain Steals may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Mountain Steals also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe upon the copyrights of others, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe any User Content or any other aspect of a Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:
Dick's Sporting Goods, Inc.
345 Court Street
Coraopolis, PA 15108
or by email at email@example.com
Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
a. A description of the copyrighted work that you claim has been infringed;
b. A description of where the allegedly infringing material is located on the Site(s);
c. Your name, address, telephone number and email address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
e. A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
f. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE: (II) THE COST TO PROCURE SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF MOUNTAIN STEALS OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN STEALS ALSO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY STATED IN THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN STEAL'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO MOUNTAIN STEALS FOR THE USE OF THE SITE BY YOU, OR $5.00. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF MOUNTAIN STEALS, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
13. Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password, account number, and Mountain Steals membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Mountain Steals shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
14. Returns and Exchanges
Mountain Steals has a simple return and exchange policy. We accept returns on most items as long as they're still in sellable condition, and offer two convenient options for requesting an exchange. For the full low-down on our policy, an explanation of what "sellable" means, directions about how to make a return or exchange visit the Return/Exchange page.
15. Shipping Oversized Packages
If for some reason your package is really, really big, we may email you a quote for shipping that differs from the amounts listed on our SHIPPING INFO page. We won't ship your order until we get your approval.
16. Purchase and Product Pricing
Sometimes, but not often, we make a mistake concerning the price or availability of a product. After all, nobody, except my friend's cat Heidi, is perfect, and even she sometimes has an accident. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, incorrect product information or otherwise, Mountain Steals shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Sorry. Mountain Steals shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. Sorry again. If the User's credit card has already been charged for the purchase and his/her order is canceled, Mountain Steals shall issue a credit to the User's credit card account in the amount of the charge.
We reserve the right to cancel any order and/or prevent access by any person or entity to the Site at any time, with or without cause. By using this Site or purchasing products from the Site, you agree not to purchase products from the Site (a) intentionally for the purpose of resale, or (b) for direct shipment or export of such product to any third party, other than for the purposes of sending a personal gift to a third party. We reserve the right to limit the quantity of items purchased per person, per household or per order for any reason and, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling means purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.
17. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Mountain Steals has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Mountain Steals does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
18. International Users
Mountain Steals makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see additional important information about International Ordering.
The United States Postal Service does not have the ability to track international packages (including shipments to Canada). Even though you may not have chosen USPS we sometimes ship USPS to save money on shipping and keep your shipping costs down. If you are concerned about this please call us at 844-833-6921 or at 248-629-1574 before you place your order so that we can solve any potential issues. Just to reiterate, under the circumstances described the tracking is out of our hands.
19. User Feedback
Should any User respond to Mountain Steals with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Mountain Steals products or services or otherwise (collectively "Comments"), such Comments shall be deemed to be non-confidential. Mountain Steals shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose and distribute the information to others in accordance with our Privacy Notice.
20. Acceptable and Lawful Use of the Site
Any information provided to Mountain Steals in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Mountain Steals or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam").
21. Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Mountain Steals will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
22. Miscellaneous Stuff: Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Shipping Via US Mail; Coupons and other promotional discounts
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Mountain Steals, at any time or times, to require performance of any provision hereof shall in no manner affect Mountain Steals' right at a later time to enforce such provision. No delay or failure by Mountain Steals in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Mountain Steals. Mountain Steals may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Mountain Steals and you pertaining to the subject matter hereof.
In order to protect our customers Mountain Steals reserves the right to ship packages signature required. Please call us at 844-833-6921 if this creates a problem for you.
You cannot combine promotions such as coupon codes or discounts or gifts with purchase on the same order. You can only use one promotion per order.
Coupons and other promotional discounts may be in place, and certain exclusions may apply. Mountain Steals reserves the right to change its coupons and promotional discounts without notice to you or any of its customers.
23. Updates & Modifications
In its sole discretion, Mountain Steals may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Mountain Steals reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
Mountain Steals may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by calling 844-833-6921 (Mon - Thurs 8:00am - 9:00pm, Fri 8:00am - 7:00pm, Sat - Sun 10:00am - 5:00pm est).
25. Mobile Text Messaging Program
Mountain Steals offers its customers mobile text message alerts as further described below (the "SMS Service").
Signing Up and Opting-In to the SMS Service:
Enrollment in the SMS Service requires you to provide your mobile phone number and to agree to our Terms and Policies. You may not enroll if you are under 18 years old. Mountain Steals reserves the right to stop offering or make changes to the SMS Service at any time with or without notice.
By opting into the SMS Service, you:
A. Consent to Mountain Steals using an auto dialer or non-auto dialed technology to send recurring promotional and personalized marketing text messages from Mountain Steals to the mobile phone number associated with your opt-in (i.e., to the mobile telephone number you used or provided when signing up or any other number that you designate.)
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are; (1) the subscriber to the relevant phone number or, (2) the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in.
Content You May Receive
Once you opt-in to the SMS Service, message frequency may vary. You may receive promotional and personalized marketing text messages (e.g., SMS and MMS), which include but are not limited to the following types of messages:
A. Sale promotions
B. Event information
C. Product launch announcements
D. Cart reminders
E. Back in stock alerts
F. Price drop alerts
G. Low inventory alerts
H. Loyalty program alerts
Mountain Steals reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Mountain Steals also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless devices or handset or with all wireless carriers. Mountain Steals may add or remove any wireless carrier from the SMS Service at any time without notice.
Mountain Steals and mobile carriers are not responsible for any delays, failure of delivery, or errors in messages.
To Stop the SMS Service
To stop receiving text messages from Mountain Steals, text the words STOP, END or CANCEL to our short code at any time or reply STOP, END or CANCEL to any of the text messages you have received from Mountain Steals. After texting STOP, END or CANCEL to our short code, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END or CANCEL keyword command and agree that Mountain Steals and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Mountain Steals through any other programs you have joined until you separately unsubscribe from those programs.
You can text HELP for help to our short code at any time. This will provide you with a toll-free number for customer support: 844-833-6921. You can also contact us at Mountain Steals Customer Service PO Box 71460 Madison Heights, MI 48071.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.