1. Welcome. We are delighted to welcome you to HighTrek.Co (the “Site”), a web site operated by Mountain Snow, LLC ( “MS LLC”). Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the “Agreement”). By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not use this Site. From time to time, when you use particular MS LLC services or buy products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products which may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by MS LLC by posting such change at the Site. Use by you after a change to these terms and conditions has been so posted by MS LLC shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site. This Agreement was last revised in March 2015.
2. Use Limitations and Intellectual Property Rights. MS LLC prepared this Site for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted.
All brand names, product names and titles used on the Site are trademarks or trade names of Mountain Snow LLC or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders’ rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Samsonite or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Samsonite’s prior written consent.
3. Territory. This Site is for the use of individuals located in the United States (the “Territory”). We are sorry, but orders or requests for information or services from outside this Territory will not be filled.
4. Notices. MS LLC and/or its affiliates own(s) the compilation copyright to this Site.
5. Liability Disclaimer. The information and other material published on this Site may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. SCS reserves the right to change the Site at any time, in its discretion. MS LLC does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. MS LLC and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
6. Limited Warranties for products purchased through the on-line ordering features are set out in the Customer Service section on this Site.
7. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, SCS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL SCS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR THROUGH HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF SCS AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM SCS’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SCS’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SCS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. SCS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SCS DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF ANY, POSTED TO THE SITE BY USERS, AND SCS IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS. HOWEVER, SCS RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN SCS’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
9. Links to third party sites. This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. MS LLC is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. MS LLC reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site’s home page. No use of SCS’s trademark may be made in connection with such link without MS LLC approval and MS LLC reserves the right to bar such link at any time.
10. This Site is not for children under thirteen years of age.
14. Use of your suggestions to MS LLC regarding new products, features or processes. MS LLC , as a company that is always in the process of developing new products, product features, and processes, has an established invention submission policy. Most of the suggestions and ideas regarding new products, product features and processes MS LLC receives from the public duplicate ideas MS LLC has already developed or is in the process of developing. To avoid undue disappointment and misunderstandings,MS LLC has a strict policy of not accepting suggestions and ideas regarding potential products, product features or processes from persons outside the company for review and consideration unless such persons agree to certain terms. Therefore, do not send any submissions to MS LLC unless you agree to the following terms:
a. A submission will not in any way establish a confidential relationship nor will it place MS LLC in the position of receiving a submission in trust; and MS LLC shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
b. MS LLC shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
c. No obligation is assumed by MS LLC or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by MS LLC and by you, and then MS LLC obligations shall be only as expressed in that written agreement.
15. Changes in Site. Please be aware, that, like all Internet sites, this Site is a work in progress. Therefore, MS LLC may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. MS LLC may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
16. Your representations and warranties. You represent, warrant and covenant that:
a. you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which
1. restrict or inhibit any other user from using the Site,
2. are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent
3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
4. violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
5. contain a virus or other harmful component
6. contain advertising of any kind,
7. are false regarding you, or
8. constitute or contain false or misleading indications of origin or statements of fact;
b. all information you provide about yourself shall be true and accurate;
c. you are at least 18 years old (or are using this Site with the permission of your parents);
d. you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; and
e. when using this Site you will be located within the Territory.
17. Your password. In the event your activity on the Site requires the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Site secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password.
18. Your indemnification. You hereby agree to indemnify, and hold MS LLC , and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. MS LLC shall have the right to defend, settle and compromise any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of MS LLC .
21. Questions, Complaints, Comments or Service Contact.
a. Technical Questions. If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: firstname.lastname@example.org.
b. Concerns about possible infringement or inappropriate conduct or content on the Site. If you believe that certain software, information or other content on the Site violates your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us at email@example.com. We do not commit to following up or resolving your concerns, but may do so in our discretion.
c. If you believe that material on the Site infringes your copyright, please contact MS LLC Copyright Agent below with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3.identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
4. your address, telephone number and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. To contact MS LLC Copyright Agent please email: firstname.lastname@example.org.
a. Termination by MS LLC . MS LLC may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you.
b. Your remedy. You may terminate this Agreement at any time by ceasing to use the Site. Your sole remedy against MS LLC in the event of dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement.
c. Your Data. In the event of termination of this Agreement, MS LLC may delete and/or store in its discretion, data associated with your use of the Site.
23. Cautionary Statement. Certain statements contained on these Web pages may constitute “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995. These forward-looking statements involve numerous assumptions, known and unknown risks, uncertainties and other factors that may cause actual future performance or achievements of the Company to be materially different from any future estimated performance or achievements expressed or implied by any such forward-looking statements. These risks, uncertainties and other factors are described in filings made by MS LLC parent company with the Securities and Exchange Commission. MS LLC assumes no duty to update the Site and users are advised that the information contained herein is subject to change and may not be current.
24. Assignment. Your rights and obligations under this Agreement and in using the Site are not assignable.
26. Legal Process. This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate MS LLC right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by MS LLC with respect to such use.
27. Invalidity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
28. Entire Agreement. This Agreement contains the entire agreement between you and MS LLC with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MS LLC with respect to this Site.