Old Man Mountain Products
Last modified: 4/25/21
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to this website (the “Site”) operated by Old Man Mountain Products (“Old Man Mountain” or “we”), doing business as Old Man Mountain. Please review the following basic Terms of Service that govern your use of, and purchase of products from our Site (the “Terms”).
These Terms apply to access and use of the Site and online products and services (collectively, our “Products”). Your use of our Site constitutes your agreement to follow and be bound by the Terms. The Terms do not alter in any way the terms or conditions of any other agreement you may have with Old Man Mountain, or its subsidiaries or affiliates, for products, services or otherwise.
TERMS of SERVICE
1. CHANGES TO TERMS OF SERVICE
Old Man Mountain may make changes to these Terms from time to time at our sole discretion. If we make changes, we will provide notice of such changes by updating the date at the top of these Terms. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Unless we say otherwise, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes.
By agreeing to these Terms, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are using the Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity; (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf; and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Old Man Mountain reserves the right to refuse service to anyone at any time, at our sole discretion.
4. PROHIBITED CONDUCT AND CONTENT
Through use of our Site or Products, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not:
a) Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
b) Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
c) Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
d) Modify or otherwise make any derivative works based upon our Site;
e) Reverse engineer any aspect of our Site or use our Site other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect the functioning of our Site;
f) Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Site or use any applications or scripts that interact with our Site;
g) Bypass or ignore instructions contained in our robots.txt file; or
h) Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
5. USER CONTENT, COMMENTS AND OTHER SUBMISSIONS
Our Site may allow you and other users to create, post, comment, and provide feedback (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Old Man Mountain.
You grant Old Man Mountain and any future subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content. This includes any names, usernames, profile images or likenesses provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on our Site, you understand that your User Content and any associated information (such as your first name or profile photo associated with a product review or caption associated with a photo you share) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above, including copyright, trademark, privacy or other personal or proprietary rights. You are and shall remain solely responsible for the content of any User Content you submit. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
a) Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
b) Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
c) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d) Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
e) Impersonates, or misrepresents your affiliation with, any person or entity;
f) Contains any unsolicited promotions, political campaigning, advertising or solicitations;
g) Contains any private or personal information of a third party without such third party’s consent;
h) Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
i) In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose Old Man Mountain or others to any harm or liability of any type.
j) Enforcement of this Section 5 is solely at Old Man Mountain’s discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that our Site will not contain any content that is prohibited by such rules.
6. HYPERLINKS TO OUR SITE
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link and its associated content does not portray Old Man Mountain 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.
7. LINKS TO OTHER WEBSITES AND SERVICES
This Site may contain links to third-party websites and outside services and resources that we find pertinent or valuable to our user and customer experience.
Old Man Mountain 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. Such sites are not under the control of Old Man Mountain and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Old Man Mountain provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Old Man Mountain of any site or any information contained therein. When you leave our 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.
8. COUPON CODE USAGE
Old Man Mountain, from time to time, may offer coupon codes for a discount on purchased products from our online store. Each coupon is identified by a code and has different rewards. We share coupon codes with our loyal customers, our independent dealers, trail work volunteers, sponsored riders and clubs and other individuals or groups that we feel can benefit from discounted products.
Coupon codes are not to be shared with anyone, unless expressly issued to a team, club, association group or otherwise. We reserve the right to change coupon codes at any time and to refund orders in which we feel is abuse of a coupon code.
9. OWNERSHIP, COPYRIGHTS, AND OTHER PROPRIETARY RIGHTS
Our Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Old Man Mountain, one of our subsidiaries, or our licensors, and are protected under both United States and foreign laws. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use (as described below). Any use of our Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Old Man Mountain hereby authorizes you to view, copy, print, and distribute the documents, related graphics and materials published by Old Man Mountain on this Site subject to the following conditions: a) Use is for personal and non-commercial purposes only (other than for the purchase of merchandise from the Site); and b) the materials are not modified in any way, unless expressly approved by Old Man Mountain.
You acknowledge that you do not acquire any ownership rights by downloading, viewing, copying, printing or otherwise using documents, related graphics and materials from the Site. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Old Man Mountain copyright, patent, trademark or other proprietary right. All right, title and interest in materials on this Site remain the property of Old Man Mountain.
Old Man Mountain, and our logos, our product or service names, our slogans and the look and feel of our Site are trademarks of Old Man Mountain and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Without limiting the foregoing, no Old Man Mountain trademark or trade dress may be used in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Old Man Mountain.
All other trademarks, registered trademarks, product names and company names or logos mentioned on our 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 by us.
11. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Old Man Mountain has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, account holders who are deemed to be repeat infringers. Old Man Mountain may also, in 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.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site’s 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.
12. ACCURACY of MATERIALS ON OUR SITE
All materials and content, including, without limitation, press releases reproduced on this Site, speak as of the original date of publication. Old Man Mountain has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site. Changes may be made from time to time without notice to the materials available on this Site and to the products described on this Site. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and information otherwise. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
13. PRODUCT INFORMATION
Most Old Man Mountain products displayed on the Site are also available for purchase through Old Man Mountain distributors and dealers in the United States and select foreign markets. In some cases, products displayed for sale at the Site may not be available in retail stores and vice versa. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Product prices are subject to change without notice.
14. THIRD PARTY CONTENT
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Old Man Mountain does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
15. COPYRIGHT COMPLAINTS
If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a written notification of such infringement with our designated agent as set forth below.
Name of Designated Agent: Katy Bryce
Address: 61560 American Lane, Bend, OR 97702
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. 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.
16. DISCLAIMERS AND RELEASE
Your use of our Products or Site is at your sole risk. Except as otherwise provided in our Limited Warranty, and to the extent permitted by law, our Products and Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Old Man Mountain does not represent or warrant that our Site or Products are accurate, complete, reliable, current or error-free. While Old Man Mountain attempts to make your use of our Site (as well as any content in our Site) safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components, and you assume the entire risk as to the quality and performance of our Site.
To the fullest extent permitted by applicable law, you release Old Man Mountain and our future subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Old Man Mountain Parties”) and the other Old Man Mountain Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) your use of our Products or Site; (b) disputes between users of our Site; and (c) the acts or omissions of third parties.
In addition, Old Man Mountain disclaims all liability arising out of or related to site content, including videos, tutorials, instructions, advice and other article. This Site content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in cycling. The information is not a substitute for in-person guidance by a qualified bicycle mechanic or for personal experience gained in the company of knowledgeable and experienced mechanic.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Old Man Mountain and Old Man Mountain Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Products or Site; (b) your User Content; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Products or Site. You agree to promptly notify Old Man Mountain Parties of any third-party Claims, cooperate with Old Man Mountain Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Old Man Mountain Parties will have control of the defense or settlement, our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other Old Man Mountain Parties.
18. LIMITED LIABILITY
In no event shall Old Man Mountain and Old Man Mountain Parties be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, fraud, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Old Man Mountain or the other Old Man Mountain Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you.
19. DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate any and all disputes and claims with Old Man Mountain and limits the way you can seek relief from us. Any controversy or claim arising out of or relating to this Site, these Terms, or the breach thereof, or controversy or claim arising out of any Product sold or manufactured by Old Man Mountain, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or its other Arbitration Rules (collectively the “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the American Arbitration Association’s Consumer Arbitration Rules, the parties specifically waive the right to bring a claim or to proceed with a claim in a small claims court.
a) Before you file or initiate any claim against Old Man Mountain in any way to these Terms, our Products, or our Site, you agree to first contact Old Man Mountain and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Old Man Mountain by certified mail addressed to Old Man Mountain ATTN: Katy Bryce, 61560 American Lane, Bend, OR 97702. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Old Man Mountain cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by American Arbitration Association (collectively, “AAA”).
b) You and Old Man Mountain understand that by agreeing to final and binding arbitration we are both voluntarily waiving the right to have the matter tried by a judge or jury and that the right to appeal an arbitration decision is limited under Oregon law.
c) The most recent versions of the AAA Rules are available on the AAA website, [www.ard.org], and are hereby incorporated by reference. You acknowledge and agree that you have either read and understood the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
d) You and Old Man Mountain agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
e) The arbitrator, Old Man Mountain, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. All arbitration proceedings for claims under $10,000 will be held via video conference or telephone. All other arbitration proceedings will be held in Bend, Oregon. The arbitrator(s) will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
f) To the extent permitted by law, any claim arising out of or related to these Terms, our Products, or our Site, must be filed within one year after the date of purchase of the Product subject of the claim; otherwise, the claim is permanently barred, which means that you and Old Man Mountain will not have the right to assert the claim. If this section is deemed unenforceable, then the arbitrator will apply the period of limitations that would be applicable under Oregon law to an action filed in an Oregon court.
g) If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.
20. GOVERNING LAW AND VENUE
Any dispute arising from these Terms or your use of our Products or our Site will be governed by and construed and enforced in accordance with the laws of the state of Oregon, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state court sitting in Deschutes County, Oregon, or federal courts in the District of Oregon.
We reserve the right to modify our Products or Site or to suspend or stop providing all or some of our Products or all or some of the features of our Site at any time. You also have the right to stop using our Products or Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Old Man Mountain to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third–party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
TERMS OF SALE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING FROM THIS SITE:
All prices are shown in U.S. dollars (USD). Taxes, duties, shipping and handling charges are additional. You will see your shipping and handling costs before your purchase, but additional duties may be imposed upon arrival of the purchase into your country. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
25. PRODUCT AVAILABILITY, DISPLAY AND SPECIFICATIONS.
All product availability information, features, content, specifications, and prices of Products described or depicted on our Site are subject to change at any time without notice. We attempt to ensure that information on our Site is complete, accurate, and current and we make every effort to communicate immediately if a product is not available.
26. AMENDING OR CANCELLING AN ORDER
In the case you would like to amend or cancel your order, you are solely responsible for contacting us immediately. If your order has not been processed yet, we may be able to cancel the order. If your order has been processed and shipped, we cannot cancel the order, and you must initiate a return or an exchange.
Old Man Mountain attempts to be as accurate as possible and eliminate errors on the Site. However, we do not warrant that any product, service, availability, description, photograph, specifications, pricing or other information is accurate, complete, reliable, current or error-free. Despite our efforts, the information on our Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on our Site, and we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product.
In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
28. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these terms and any other contract or disclosure that we are required to provide to you.
Our Site offers different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (a) you are the authorized user of the credit card that is used to pay for our Products; (b) the credit card information you supply to us is true, correct and complete; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable duties or taxes, if any, regardless of the amount quoted on our Site at the time of your order. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.
Upon completion of a purchase on this Site using a credit card, Old Man Mountain does not retain your credit card information for future use.
30. SHIPPING AND HANDLING; NO EXPORT BY YOU
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. See our full Shipping Policy here.
31. WARRANTY POLICY, RETURNS AND EXCHANGES
Old Man Mountain has a limited lifetime warranty and we allow for returns and exchanges of products. Visit our full warranty and returns policy here.