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TERMS AND CONDITIONS OF USE

Your Agreement
The ems.com website is owned and operated by Eastern Mountain Sports, Inc., One Vose Farm Road, Peterborough, New Hampshire 03458. Eastern Mountain Sports, Inc is referred to below as "EMS" or as "we" or "us" or "our".

Your use of this website constitutes your agreement to these Terms of Use and to comply with them and be bound by them. Please read the Terms of Use carefully. If you do not agree with any of the Terms of Use, do not use the ems.com website.

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Changes To Terms Of Use
We reserve the right to update or modify the Terms of Use at any time without prior notice. Your use of this website following any such change constitutes your agreement to comply with and be bound by the Terms of Use in effect each time you use the website. For this reason, you should review the Terms of Use each time you use the website.

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Website Content and Technology
Ownership and Rights In and To Website Contents and Technology
The content and technology you use, see and hear on this website are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights of EMS or its vendors, suppliers and other third parties who have authorized EMS to use the content and technology on this website. The software and other technology components of this website are © 1999-2009, GSI Commerce Solutions, Inc., an eBay company, or its affiliates and suppliers. All rights reserved.

Limitations on Use of This Website and Website Content
You may use this website and the contents included on it solely for your personal, noncommercial use. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (3) distribute any Content with a statement that it is excerpted from the ems.com website and that any further use or distribution by any person is subject to the Terms Of Use accessible at ems.com.

No right, title or interest in any downloaded materials is transferred to you as a result of your downloading the materials.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining our express written permission.

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Product Depictions
We have done our best to display as accurately as possible the products shown on this website. However, because merchandise images, including designs, colors, and other product details, you see will depend on your monitor, we cannot guarantee that your monitor's display of any product will be accurate.

Correction of Errors and Inaccuracies; Orders Subject To Limitations
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore 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). Errors, inaccuracies or omissions may relate to product description, pricing and availability. We reserve the right to refuse to accept orders based on pricing and other errors or product availability and to limit quantities (including after you have submitted your order).

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Website & Content Disclaimer
DISCLAIMERS AS TO THE EMS.COM WEBSITE AND CONTENTS

THE EMS.COM WEBSITE AND ALL INFORMTION AND CONTENT ON IT ARE PROVIDED ONLY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, WE DO NOT REPRESENT OR WARRANT (1) THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR (2) THAT ANY PRODUCT DESCRIPTION IS ACCURATE OR COMPLETE.

WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

WE ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

DISCLAIMERS AS TO OTHER WEBSITES

WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND WILL HAVE NO LIABILITY FOR, ANY OTHER PARTY'S WEBSITE THAT YOU MAY ACCESS THROUGH THIS WEBSITE. ANY SUCH OTHER WEBSITE IS INDEPENDENTLY OWNED AND OPERATED, AND WE HAVE NO CONTROL OVER THE WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THERE. A LINK FROM THIS SITE TO ANOTHER WEBSITE DOES NOT MEAN THAT WE ENDORSE THAT OTHER WEBSITE OR INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THERE. LINKS ARE PROVIDED ONLY FOR CONVENIENCE.

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Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL EMS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THIS WEBSITE.

THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND INTENTIONAL TORTS THEORIES) OR OTHER LEGAL OR EQUITABLE CAUSES OF ACTION OR PRONCIPLES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EASTERN MOUNTAIN SPORTS, INC. AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

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Your Use Of Posted Content
We have reserved some areas (User Posting Areas) of the ems.com Website for user comments and feedback (Content). If you use the User Posting Areas to post Content, you agree to comply with the following terms:

1) The User Posting Areas shall be used for lawful purposes only.
2) You may only post content that you created or that you have permission to post.
3) No material shall be posted on or transmitted through the User Posting Areas

  • which violates or infringes in any way upon the rights of any other person, including copyright, trademark, trade secret, confidentiality, privacy, publicity rights,
  • which is defamatory or libelous, fraudulent or deceptive, disparages any third party or its business or product or service (WE ENCOURAGE SUBMISSION OF YOUR HONEST EVALUATION OF EMS AND ITS PRODUCTS AND SERVICES),
  • which is unlawful, threatening, harassment, abusive, vulgar, obscene, contains explicit or graphic descriptions, or accounts of, sexual acts, profane, indecent or otherwise, in our opinion, objectionable,
  • which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or
  • which restricts or inhibits any other user from using or enjoying the User Posting Areas or the Website.

4) No advertising or other commercial solicitation may be posted on or transmitted at the User Posting Areas or other places on the Website.
5) You may not post personal identification information (including your or other individual's names, addresses, e-mail addresses and phone numbers) or impersonate any other person.
6) You may not attempt to transmit any "virus","trojan horse" or other destructive or disruptive software element or device in connection with your use of this Website.

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Copyright Infringement Claims
We respect and will not knowingly tolerate the infringement of intellectual property rights. The following sets forth our policies and procedures for notifying us of any claims that your intellectual property rights have been infringed by content on this website.

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Making Copyright Infringement Claims
Procedure For Making Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. This procedure is exclusively for notifying us at the address shown below of a claim that your copyrighted material has been infringed.

  1. The name, address, and physical or electronic signature of the complaining party.
  2. Identification of the allegedly infringing materials and their location on our Website.
  3. A description of the copyrighted work that you claim is infringed.
  4. A statement that you have a good faith belief that there is no legal basis for the use complained of.
  5. A statement of the accuracy of the notice and, under penalty of perjury, that you are the copyright holder or are authorized to act on the behalf of the copyright holder.

You must send your notice of copyright claim to us at:
COPYRIGHT CLAIMS AGENT
EASTERN MOUNTAIN SPORTS, INC.
ONE VOSE FARM ROAD
PETERBOROUGH, NH 03458
USA
OR BY EMAIL TO: COPYRIGHTCLAIMAGENT@EMS.COM.
NOTE: This contact information is only for reporting copyright infringement.

Procedure For Other Infringement Claims

If you believe that any material on this Website infringes any intellectual property right of yours, other than a copyright right, send a letter to IP RIGHTS CLAIMS, Eastern Mountain Sports, Inc., One Vose Farm Road, Peterborough, NH 03458 or an email addressed to IPRIGHTSCLAIMS@ems.com. Please include in your letter or email the following information:
Your name, address, and physical or electronic signature of the complaining party. Identification of the allegedly infringing materials and their location on our Website. A description of your rights that you claim is infringed. A statement that you have a good faith belief that there is no legal basis for the use complained of.

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Site Intended for U.S. Users Only
EMS makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.

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Enforcement Of Terms & Conditions
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA.

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No Posting Of Personal Information
We value your privacy. Please see our Privacy Policy. A link is available on our home page. You must not post personal identification information or other personal data on these bulletin boards. Any personal identification information or other personal data that you post will be available to all users.

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Monitoring Of User Posted Content
We reserve the right, without assuming any obligation, to monitor the content of the User Posting Areas to determine compliance with these Terms of Use and any other operating rules that we may establish from time to time. We reserve the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the User Posting Areas. Without limiting the foregoing, we reserve the right, without assuming any obligation, to remove any material that we, in our sole discretion, consider to violate these Terms of Use or otherwise to be objectionable or inappropriate. In all events, users shall remain solely responsible for the content of their comments, postings, and other messages. Neither we nor any of our officers, directors, employees, service providers, contractors, agents, or representatives shall have any liability for any conduct on the part of users or any comments, communication or posting on the User Posting Areas.

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Copyright & Other Rights To Your Posted Content
We do not claim ownership of any Content that you may post. However, by submitting Content to our Website, you grant us, our affiliates and service providers the unlimited right and unconditional license to use, copy, display, perform, distribute, edit, change, modify, and adapt, and to permit third parties to download, use, copy, display, and distribute, the Content in any medium and in any way we choose. You agree that our use, copying, display, performance, distribution, editing, changing, modifying, adapting or promoting of the Content you submit will not infringe any of your copyright or other rights. See also Section titled MONITORING OF USER CONTENT.

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