Terms & Conditions
Effective Date: Feb 2023
The ems.com website is owned and operated by Eastern Outfitters, LLC, 160 Corporate Court, Meriden, Connecticut 06450.
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 Eastern Mountain Sports or its vendors, suppliers and other third parties who have authorized Eastern Mountain Sports to use the content and technology on this website.
Limitations on Use of This Website and Website Content
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.
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).
Website & Content Disclaimer
DISCLAIMERS AS TO THE EMS.COM WEBSITE AND CONTENTS
THE EMS.COM WEBSITE AND ALL INFORMATION 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL EASTERN MOUNTAIN SPORTS 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 PRINCIPLES. 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, LLC. 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).
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 EASTERN MOUNTAIN SPORTS 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.
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.
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.
- The 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 the copyrighted work 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.
- 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 160 CORPORATE COURT MERIDEN, CT 06450 USA 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, 160 Corporate Court, Meriden, CT, 06450. 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.
Site Intended for U.S. and Canada Users Only
Eastern Mountain Sports makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States or Canada. 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.
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.
No Posting Of Personal Information
Monitoring Of User Posted Content
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.
Social Media Content Submissions
By submitting user content, you acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials that you submit, upload, post or otherwise provide or make available through the website or otherwise, including third party companies’ websites, for example, Instagram, Twitter, Facebook, YouTube, TikTok, Reddit, and Pinterest, and associated hashtags related to Eastern Mountain Sports, including #goeast, #easternmountainsports, and #dogsofems. By tagging, you agree such submissions may be used on ems.com and/or on other EMS marketing materials, including emails and social media. You may only make a submission if you are 18 years of age or over. Your submission may be displayed for other users to see, together with your name and social media identifier (if applicable) profile information (such as your handle and profile picture). Eastern Mountain Sports is under no obligation to display, feature or use any submission, but may do so at its sole discretion.
Text Messaging Program Terms
User Opt-In. The Program allows users to receive Short Message Service (“SMS”) / Multimedia Messaging Service (“MMS”) mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. You may not enroll if you are under 18 years old (or under 19 years old in Alabama and Nebraska). By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system or auto-dialer. Message and data rates may apply. Consent to receive marketing text messages is not required to purchase any goods or services.
User Opt-Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile marketing message from EMS in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than the word STOP or verbally requesting that one of our employees remove you from our list, is not a reasonable means of opting-out.
Duty to Notify and Indemnify . If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying EMS of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by EMS, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in the Program. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description. Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of products, services, and events.
Cost and Frequency. Message and data rates may apply. Please check with your wireless carrier for details. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with EMS.
MMS Disclosure. The Program will send SMS terminating messages (“TMs”) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty. THE PROGRAM IS OFFERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE, OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of EMS’s control.
Participant Eligibility and Requirements. To enroll in the Program, you must be 18 years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all wireless carriers provide the necessary service to participate. Check your device capabilities and wireless carrier for specific text messaging instructions.
Changes. We may update this Agreement at any time, and we will post the updated version of this Agreement to our website. You understand and agree that you will be deemed to have accepted the updated Agreement by your continued enrollment and/or participation in the Program after the updated Agreement is posted. As applicable, we may also notify you of material changes to this Agreement via email, text message, or another communication method we deem reasonable.
Termination. EMS may suspend or terminate your participation in the Program if we believe you are in breach of this Agreement or our Terms & Conditions or have violated the law. Your participation in the Program is also subject to termination in the event your wireless carrier service terminates or lapses. EMS reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice, and for any reason or no reason