Terms & Conditions

This site is owned and operated by Skimo Co. These terms and conditions apply to and govern your, and any authorized user of your account, use of this site, including all services provided therein ("site"), and use of all products purchased from this site. Your use of this site or products purchased from it signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not access or otherwise use this site or purchase products from it. Skimo Co reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms and conditions, in whole or in part, at any time. Changes to these terms and conditions will be effective when posted. You agree to review these terms and conditions periodically to be aware of any changes. Your continued use of this site after any changes to these terms and conditions are posted will be considered acceptance of those changes. Before using this site, please review the Skimo Co Privacy Policy.

Skimo Co grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Skimo Co. Skimo Co cannot and does not screen content provided by users of the site. Notwithstanding the foregoing, Skimo Co reserves the right to monitor content on the site and to remove content which Skimo Co, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these terms. In order to maintain an informative and valuable service that meets the needs of the users of the site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

• You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which may be deemed indecent, obscene or pornographic.

• You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

• You may not interfere with other users use of the site.

• You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

• You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Skimo Co reserves the right to take such action as it deems appropriate in cases where the site is used to disseminate statements which are deeply and widely offensive and/or harmful.

• You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the site for goods or services except in those areas (e.g., a classified bulletin board), if any, that are designated for such purpose.

• You may not list or send unsolicited mass communications to 5 people or more if such communication could reasonably be expected to provoke complaints from its recipients.

• You may not use the facilities and capabilities of the service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.

• You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the site in any manner not allowed for herein.

• Skimo Co controls the operation of this site from its headquarters in Salt Lake City, Utah in the United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

USER SUBMISSIONS

Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary communications. Skimo Co shall have no obligations with respect to the communications. Skimo Co and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission, as provided herein. Skimo Co is under no obligation to post or use any submission you may provide and Skimo Co may remove any submission at any time in its sole discretion.

DISCLAIMER

Ski mountaineering and mountain running are high risk activities; you may be severely injured or killed by engaging in backcountry skiing, mountaineering, or any related activity.  Skimo Co is not responsible for any and all damages or injuries that directly or indirectly result from your use of products purchased from or information gathered from this site, even if the products or information were determined to be faulty.  You agree to absolve Skimo Co and its employees, investors, and associates of any liability for injuries or losses incurred by using products purchased from or recommended on this site, or by using any information found on this site.

You understand that Skimo Co cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing 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. You assume total responsibility and risk for your use of the site and the Internet. Skimo Co does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or service provided through the site or on the Internet generally, and Skimo Co shall not be liable for any cost or damage arising either directly or indirectly from any such transaction or usage. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Skimo Co does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an "as is, as available" basis.

The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Skimo Co and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this site may let you leave the site. The linked sites are not under the control of Skimo Co and Skimo Co is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. Skimo Co provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Skimo Co of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Skimo Co has no control over and accepts no responsibility whatsoever for such materials.

In the event an order is placed with Skimo Co on an item where an errant price has been advertised, you agree that Skimo Co’s sole responsibility to you will be to promptly notify you of the pricing error and allow you the option to either purchase the item at the correct current Skimo Co price or choose to withdraw your order of the item that was subject to the pricing error.

LIMITED LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Skimo Co be liable for any indirect, special, exemplary, or consequential damages or injuries that result from the use of, or the inability to use, the site, the site materials, information on the site, products purchased from the site, or the software, even if Skimo Co has been advised of the possibility of such damages or injuries. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Skimo Co's total liability to you for all damages, injuries, losses, and causes of action (whether in contract or tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states 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, Skimo Co's liability is limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Skimo Co, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
The provisions of these Terms and Conditions are for the benefit of Skimo Co and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION

You understand and agree that Skimo Co may, in its sole discretion and at any time, terminate your password, account or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. Skimo Co may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that Skimo Co may take any one or more of these actions without prior notice to you. Should Skimo Co take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your Registration Information and submitted content. You understand and agree that Skimo Co shall not have any liability to you or any other person for any termination of your access to any forum and/or the removal of information concerning your account.

MISCELLANEOUS

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Salt Lake City, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHT

The copyright in all material provided on this Site is held by Skimo Co or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Skimo Co or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Skimo Co's permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS

All third party trademarks are the property of their respective owners.

Many of the marks found throughout the website are marks of Skimo Co, whether registered or pending registration in the U.S. or foreign countries, or whether rights have been acquired solely through use of the marks.  Use of the trademark symbols “®” or “™” is limited to one or two prominent trademark usages for each mark per page.  However, Skimo Co still retains rights in the mark whether or not the “ TM” or “®” is used.  Use of these trademarks is prohibited unless otherwise authorized in writing by Skimo Co.  Pursuant to certain requirements of distribution partners, Skimo Co has included the “™” and “®” symbols on the first or most prominent use of distribution partners' trademarked terms.

USE OF SITE CONTENT

Skimo Co maintains this site and its contents for your personal information, entertainment and education. You may view and download material displayed on the site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this site for public or commercial purposes, without Skimo Co's prior written permission.  You may not alter or interfere with the content or functioning of the site, or "mirror" any content contained on this site on any other server. The materials at this site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms and Conditions, your right to use this site will terminate automatically.

UNSOLICITED FEEDBACK

Suggestions may be submitted to Customer Service.  All unsolicited suggestions, feedback, and product ideas are submitted to Skimo Co on a nonconfidential basis. All submissions are subject to the User Submissions policy included above.

Contests, Forms And Other Interactive Transactions
Skimo Co may offer you opportunities to vote on certain matters and also to fill out informational forms on this site. By casting a vote or completing a form, you signify your agreement to all of the terms set forth on the site applicable to the balloting as well as to the terms set forth in these Terms and Conditions and in our Privacy Policy.

Interpretation

If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions  (and the links contained herein) state the entire agreement between the parties relating to use of the site.  These Terms and Conditions may not be amended except as provided above.

Forward-Looking Statements

Statements contained on this Site regarding Skimo Co’s business that are not historical facts are "forward-looking statements" that are based upon information and expectations at the time they were first made or posted.  Actual results may differ materially as a result of certain risks and uncertainties.  Readers are cautioned not to place undue reliance on such statements that speak only as of the date first made or posted. Skimo Co undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.