TERMS & CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 12/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Dark Hills, LLC, also known as Firehole Outdoors, located at 2403 Langohr Avenue, Bozeman, Montana 59715 and our subsidiaries and affiliates, in association with the use of the Firehole Outdoors website, which includes fireholeoutdoors.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: This website sells products and/or services to the public and wholesale distributors.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Dark Hills, LLC . At its discretion, Dark Hills, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Dark Hills, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Dark Hills, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Dark Hills, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Firehole Outdoors’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Firehole Outdoors may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Firehole Outdoors and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Dark Hills, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Dark Hills, LLC Services, or any portion thereof.
It is Dark Hills, LLC ‘s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Firehole Outdoors website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Firehole Outdoors. The collective work includes works that are licensed to Firehole Outdoors. Copyright 2017, Firehole Outdoors ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Firehole Outdoors or purchasing Firehole Outdoors products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Firehole Outdoors or to purchase Firehole Outdoors products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Firehole Outdoors. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Firehole Outdoors used in the site are trademarks or registered trademarks of Dark Hills, LLC.
AGREEMENT TO DEAL ELECTRONICALLY; ELECTRONIC COMMUNICATIONS AND NOTICES.
Transactions at the Site are conducted electronically and you agree that all transactions with or through the Site may, at Dark Hills, LLC’s option, be conducted electronically. You also agree that:
Dark Hills, LLC may provide all agreements, disclosures, and notices electronically, including any that we are otherwise required to provide in “writing.”
All electronic records are deemed sent when they are properly addressed to you and either (i) the record enters an information processing system outside the control of the sender or (ii) the record enters a region of an information processing system under the recipient’s control.
All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
If you do not wish to deal with Dark Hills, LLC electronically, you should not enter into this Agreement or use the Site. Dark Hills, LLC may complete any transaction initiated by you at the Site prior to termination of your use of the Site and may continue to provide you all notices related to the transaction electronically. If applicable law now or hereafter requires Dark Hills, LLC to communicate with you non-electronically, we reserve the right to charge a fee for doing so. You agree that we may chose (from time to time) to provide all or any part of our services non-electronically.
LICENSE TO USE THE SITE
We hereby grant you the right to view and use the Site solely for the purpose of acquiring information and shopping in accordance with the Agreement. Dark Hills, LLC retains all right, title, and interest in and to the Site. You may download and print copies of this Agreement and of screens from this Site pertaining to any order placed by you for the purpose of retaining records of your transactions at the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright under both United States and foreign laws and all rights not expressly granted are reserved by Dark Hills, LLC and its suppliers. Subject to applicable law, Dark Hills, LLC reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
Public Web sites are specifically prohibited from using the Dark Hills, LLC News Feed without both attribution and links back to Dark Hills, LLC embedded in each news excerpt.
The license in this Section 5 does not include permission to copy the design elements, “look and feel” or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Dark Hills, LLC nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
SUBMISSION OF COMMENTS, IDEAS AND OTHER INFORMATION
Any comments or information that you provide to Dark Hills, LLC, for example, feedback or ideas in response to a customer survey regarding the Site, a news item, suggestions, ideas, concepts, uploaded or otherwise “saved” content, or other information are collectively deemed “Submissions.” None of the Submissions will be subject to any obligation of confidence on the part of Dark Hills, LLC, and Dark Hills, LLC will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant Dark Hills, LLC a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, Dark Hills, LLC will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Dark Hills, LLC may sublicense these rights to third parties.
COPYRIGHT INFRINGEMENT NOTIFICATION & OTHER REPORTS
Dark Hills, LLC relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify Dark Hills, LLC agent:
Dark Hills, LLC
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dark Hills, LLC to locate the material;
Information reasonably sufficient to permit Dark Hills, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
Questions and comments about the Site (other than claims of copyright infringement) should be directed to: firstname.lastname@example.org.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of Dark Hills, LLC and Dark Hills, LLC’s licensors and suppliers that: (a) you are at least 18 years of age or you have obtained parental consent to use the Site; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charge, if any, on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; (c) all information that you submit to us is true, accurate, and current; (d) you will keep your registration information current; (e) you will be responsible for all use of your password even if such use was conducted without your authority or permission; and (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
No promotion (e.g., special price discount) is offered by Dark Hills, LLC unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely the responsibility of the stating company and that they are liable for their promotions and that Dark Hills, LLC is not liable. You also agree to comply with all terms of a promotion. Note: Some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Dark Hills, LLC reserves the right to withdraw or refuse to honor any promotion that has been altered or modified other than by Dark Hills, LLC.
ORDER AVAILABILITY, SHIPPING & CANCELLATION
All items ordered from Dark Hills, LLC are subject to availability and are only available for acquisition and shipment in the U.S and Canada. We reserve the right to reject any and all orders. Subject to applicable law, Dark Hills, LLC reserves the right to deliver items acquired as part of your order at different times or locations in the event that they are not available for shipment at the same time or from the same location. Dark Hills, LLC also reserves the right to limit the quantity of any items that may be obtained by you through the Site.
All orders placed through the Site are shipment contracts, not destination contracts. Shipping and handling charges may or may not reflect actual costs.
You may cancel all or any part of your order before you submit your credit card number. You may not cancel after you have submitted your credit card, but may return any item for the purchase price as long as the item has not been altered from the condition it was sent to you by Dark Hills, LLC. However, in the event that you return an item you are responsible for all costs to ship the item and are responsible for the item until it is received by Dark Hills, LLC. Notwithstanding the foregoing, downloads of digital content are non-returnable.
PAYMENT, CREDIT FOR REFUNDS & PRICING
Only valid credit cards acceptable to Dark Hills, LLC may be used for orders placed with Dark Hills, LLC, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling, and any amounts described on the Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled without notice in Dark Hills, LLC sole discretion. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired.
You agree to defend, indemnify and hold harmless Dark Hills, LLC, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
DISCLAIMERS OF WARRANTIES
DARK HILLS, LLC IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THIS SITE. THIS SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. DARK HILLS, LLC AND DARK HILLS, LLC’S LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.
IN ADDITION, DARK HILLS, LLC DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
LINKS TO THIRD PARTY SITES
As a convenience, we may provide links to third party web sites from the Site. Dark Hills, LLC is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding its content or accuracy. We do not control any third party web site, and we are not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.
EXCLUSIVE REMEDY, DAMAGE EXCLUSIONS & LIMITATIONS
IN NO EVENT WILL DARK HILLS, LLC OR DARK HILLS, LLC LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF Dark Hills, LLC AND EVEN IF Dark Hills, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS, ENTIRE AGREEMENT
This Agreement shall be treated as though it were executed and performed in Bozeman, Montana, and shall be governed by and construed in accordance with the laws of the State of Montana (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
If any part of this Agreement is determined to be invalid or unenforceable, 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 will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Dark Hills, LLC with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Dark Hills, LLC regarding the Site and/or any order you place through it.