Terms of Use

1.    THIS IS AN AGREEMENT.  This is an agreement between you and Summit Hut, Ltd. (“Summit Hut”). This agreement is referred to herein as this “Agreement” or these “Terms”.  This Agreement governs your use of any Web site or Web page operated by Summit Hut.  This includes, but is not limited to, this Web site and Web sites and pages associated with GearHut and GearHut.com.  In this Agreement, each Web site or Web page operated by Summit Hut is referred to individually as a "Summit Hut Web Site," and collectively as the "Summit Hut Web Sites", and the “Summit Hut Parties” means Summit Hut and its affiliates, and their respective shareholders, owners, members, directors, managers, partners, officers, employees, attorneys, agents and representatives.  Any Summit Hut Web Site may contain additional terms that further govern use of that Summit Hut Web Site, including without limitation, particular features or offers (for example, sweepstakes). Other provisions that govern your use of this site and Summit Hut E-Mails may be set forth in online notices appearing in connection with certain information, products, software, services or features of this site or Summit Hut E-Mails (collectively, the “Additional Terms”), all of which are incorporated by reference herein.  Your use of any information, products, software, services or features of this site or of Summit Hut E-Mails that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms.  If you do not agree with any Additional Terms, do not use the respective information, software, product, service or feature.  If any terms of this Agreement conflict with any Additional Terms, then the terms of this Agreement shall control.  SUMMIT HUT WEB SITES ARE MADE AVAILABLE TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. YOUR USE OF A SUMMIT HUT WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION.

2.    CHANGES TO THIS AGREEMENT.  Summit Hut, and only Summit Hut, may change (including supplementing and expanding) the terms, conditions, and notices under which it grants access to or allows the use of Summit Hut Web Sites.  Such changes may be made without notice. You agree to regularly review these Terms and any additional terms posted on any Summit Hut Web Site for changes and agree that continued use of a Summit Hut Web Site after the effective date of a change affecting terms applicable to the Web site constitutes your acceptance of the change.

3.    USE OF SITE AND E-MAIL SERVICES.  The content and software on this site, and the content of e-mails sent to those signing up for any of our e-mail lists (referred to in these Terms as “Summit Hut E-Mails”), may be used as a personal shopping and information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site or any Summit Hut E-Mails is strictly prohibited. Summit Hut Web Sites may only be used in compliance with the law and for lawful purposes.  Activities including, but not limited to, tampering with the site, misrepresenting your identity or the identity of another user, using buying agents, or conducting fraudulent activities on or through any Summit Hut Web Site are prohibited.  You may download Summit Hut Web Site content for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use Summit Hut Web Site content, including the text, images, audio and/or video, for public or commercial purposes without written permission from an authorized representative of Summit Hut.  

4.    TERMINATION OR SUSPENSION OF ACCESS AND USE.  Summit Hut may terminate this Agreement, refuse to provide service, and terminate or suspend access to or use of a Summit Hut Web Site in its sole discretion at any time and for any reason whatsoever, with or without notice.  Upon any termination or suspension of rights of access or use, your right to use Summit Hut Web Sites will immediately cease.

5.    TRADEMARKS.  SUMMIT HUT is a registered trademark of Summit Hut, Ltd. Other Summit Hut graphics, logos, and service names are trademarks of Summit Hut, Ltd.  All trademarks not owned by Summit Hut that appear on this site or in Summit Hut E-Mails are the property of their respective owners. Neither trademarks of Summit Hut nor any other trademarks appearing on Summit Hut Web Sites may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

6.    COPYRIGHT.  All content included on Summit Hut Web Sites and in Summit Hut E-Mails, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Summit Hut or its content suppliers and is protected by copyright, trademark, patent or other proprietary rights, and the benefit of such rights shall extend to all forms, media and technologies existing now or developed in the future.  All content is copyrighted as a collective work under U.S. and international copyright laws, and Summit Hut owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.  Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.  If you believe that infringement of your copyright has occurred on a Summit Hut Web Site or in a Summit Hut E-Mail, please provide Summit Hut’s copyright agent with the following:
•    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•    A description of the copyrighted work that you claim has been infringed;
•    A description of where the allegedly infringing material can be found on Summit Hut Web Sites or in Summit Hut E-Mails;
•    Your address, telephone number, and e-mail address;
•    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•    A statement by you, made under penalty of perjury, that the above information supplied by you is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Summit Hut’s copyright agent for notice of claims of copyright infringement on Summit Hut Web Sites or Summit Hut E-Mails can be reached as follows:
Copyright Agent
Summit Hut, Ltd.
5045 East Speedway Blvd
Tucson, AZ 85712
phone: (520) 618-1470
e-mail: copyright@summithut.com

7.    IDEAS AND SUGGESTIONS.  BY USING A SUMMIT HUT WEB SITE, YOU AGREE THAT ANY INFORMATION (EXCEPT FOR PURCHASE INFORMATION), MATERIALS, SUGGESTIONS, PRODUCT REVIEWS, GRAPHICS, RECORDINGS, IDEAS OR COMMENTS YOU SEND TO SUMMIT HUT OR ANY OTHER THIRD PARTY USING THE SUMMIT HUT WEB SITE (COLLECTIVELY IN THIS SECTION 7, “INFORMATION”) IS NON-CONFIDENTIAL. BY SUBMITTING ANY SOLICITED OR UNSOLICITED INFORMATION USING A SUMMIT HUT WEB SITE, YOU GRANT SUMMIT HUT SOLE OWNERSHIP OF THE INFORMATION AND ALL PRESENT AND FUTURE RIGHTS TO THE INFORMATION OF EVERY KIND AND NATURE EVERYWHERE, WITHOUT RESTRICTION AND WITHOUT PAYMENT OR OTHER COMPENSATION TO YOU.  SUMMIT HUT WILL NOT BE LIABLE FOR THE USE, PUBLICATION OR DISSEMINATION OF ANY OF THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PRODUCT OR ADVERTISING IDEAS) AND WILL NOT INCUR ANY LIABILITY AS A RESULT OF ANY SIMILARITIES TO MATERIALS, SUGGESTIONS, GRAPHICS, RECORDINGS, IDEAS OR COMMENTS OF YOURS (I.E., THAT WERE NOT SENT TO SUMMIT HUT) THAT MAY APPEAR IN FUTURE SUMMIT HUT PUBLICATIONS OR BE MANIFESTED IN SUMMIT HUT OPERATIONS. SUMMIT HUT WILL HAVE THE RIGHT TO PROSECUTE ALL APPLICATIONS, REGISTRATIONS AND PROCEDURES IT DEEMS NECESSARY TO PROTECT ITS EXCLUSIVE OWNERSHIP OF AND RIGHT TO USE THE INFORMATION, AND YOU AGREE TO COOPERATE WITH ALL SUCH EFFORTS OF SUMMIT HUT.

8.    PRODUCT REVIEWS. From time to time, Summit Hut may provide, directly or through a third party such as PowerReviews.com, opportunities for you to review products or services available from Summit Hut.  If you provide reviews, they must be provided in good faith and in compliance with all applicable laws.  If you have any conflict of interest that might lead to bias, however slight, you must disclose it in your review.  Reviews are subject to the provisions of Section 7 of this Agreement.  Summit Hut reserves the right to remove, delete or edit reviews and to exercise all rights available to it under the federal Communications Decency Act (without undertaking any duty to monitor or edit).  If we use a third party to "power" or facilitate the collection, use or dissemination of reviews, the terms of service and usage guidelines for that party's website, including its privacy policy, will be applicable to you.  You agree to review those terms of service, usage guidelines and privacy policies to determine whether they are acceptable to you.  If they are not acceptable, you agree not to use the third party’s site or provide reviews through any Summit Hut website.  If you provide reviews through any Summit Hut website or use the third party’s site, you agree to comply with the third party’s terms of service, usage guidelines and privacy policies in addition to Summit Hut’s.  Currently, the third party used to “power” Summit Hut’s collection of reviews is PowerReviews.com.  PowerReviews’ terms of use, usage guidelines, and privacy policies are available at http://www.buzzillions.com/public/legal/terms_of_use_en_US.html.

9.    ILLUSTRATIONS, INFORMATION AND ADVICE.  Summit Hut obtains photographs, data and other visual, aural and written information from manufacturers, distributors, promoters or suppliers of the products, services and events sold, described or promoted on Summit Hut Web Sites or in Summit Hut E-Mails.  While Summit Hut strives to ensure accuracy, such information may contain inaccuracies.  Furthermore, any Summit Hut Web Site and any Summit Hut E-Mails could include typographical errors and/or technical inaccuracies that derive from other sources, including without limitation the negligent acts or omissions of Summit Hut’s own employees and agents.  THE SUMMIT HUT PARTIES MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO THE PHOTOGRAPHS, DRAWINGS, DATA AND OTHER VISUAL, AURAL AND WRITTEN INFORMATION ON THIS WEB SITE OR IN SUMMIT HUT E-MAILS, OR WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF ADVICE GIVEN BY SUMMIT HUT PARTIES, WHETHER OR NOT SUCH ADVICE IS MADE IN WRITING.

10.    LINKS.  Summit Hut Web Sites and Summit Hut E-Mails contain links to other sites that are not operated by Summit Hut, including some sites that display Summit Hut trademarks and some sites that provide services on or through Summit Hut Web Sites ("Linked Site(s)").  In addition to pages accessed through links that are clearly presented as links, pages that say "brought to you by" or "powered by" a third party, or something similar, are pages on a Linked Site.  Links are available for your convenience and are intended only to enable access to these Linked Sites and for no other purpose.  If you deal with a Linked Site or use its services, your transaction is with the Linked Site, not Summit Hut. The Summit Hut Parties do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Linked Site or its content.  A link to a Linked Site on a Summit Hut Web Site or in a Summit Hut E-Mail does not constitute sponsorship, endorsement, or approval of, or responsibility for, any Linked Site or its content.  The Summit Hut Parties make no representation or warranty whatsoever with regard to any products, services, information or other items promoted, offered, sold, provided or otherwise available, directly or indirectly, on or through any Linked Site.  The terms of use and privacy policy of any Linked Site may differ substantially from those that apply to your use of any or all Summit Hut Web Sites.  Summit Hut recommends that you review the terms of use, privacy policies and other aspects of use of any Linked Site you visit.

11.    SECURITY.  You are responsible for maintaining the confidentiality of any accounts you have established with Summit Hut, including keeping your password confidential and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.  You agree that you will not violate or attempt to violate the security of any Summit Hut Web Site or to interfere with the proper working of any Summit Hut Web Site.  Among other things, this means that you will not (a) access data not intended for you or log onto a server or an account which you are not authorized to access; (b) use the Web site for purposes for which it was not intended, or try to change the behavior of the site; (c) attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempt to interfere with service to any user, host or network, including without limitation by means of submitting a virus or worm to or overloading, "flooding," "spamming," "mailbombing" or "crashing" the site; (f) forge any TCP/IP packet header or any part of the header information in any e-mail posting;  or (g) forge communications on behalf of the Web site (impersonate a Summit Hut Web Site) or to the Web site (impersonate someone other than yourself).  You may not send unsolicited and unauthorized e-mail on behalf of Summit Hut or any other of the Summit Hut Parties, including promotions and/or advertising of products or services.  Violations of system or network security may result in civil or criminal liability. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Summit Hut Web Site other than the search engine and search agents provided by Summit Hut or generally publicly available browsers like Google and Yahoo.

12.    DISCLAIMER OF WARRANTIES.  SUMMIT HUT WEB SITES AND SUMMIT HUT E-MAILS ARE PROVIDED BY SUMMIT HUT ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS.  SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED, PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE OR IN SUMMIT HUT E-MAILS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.  WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES DISCLAIM ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF SUMMIT HUT WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13.    LIMITATION OF LIABILITY AND DAMAGES.  YOU AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SUMMIT HUT E-MAILS, OR OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE OR SUMMIT HUT E-MAILS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  THESE EXCLUSIONS OF DAMAGES ARE INDEPENDENT OF YOUR EXCLUSIVE REMEDY PROVIDED BELOW AND SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. IF YOU ARE DISSATISFIED WITH A SUMMIT HUT WEB SITE OR WITH ANY SUMMIT HUT E-MAIL, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SUMMIT HUT PARTY WITH RESPECT TO THIS AGREEMENT, SUMMIT HUT WEB SITES, OR SUMMIT HUT E-MAILS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUMMIT HUT WEB SITES AND TO REMOVE YOURSELF FROM THE MAILING LISTS FOR SUMMIT HUT E-MAILS IN THE MANNER SPECIFIED ON A SUMMIT HUT WEBSITE OR IN SUMMIT HUT E-MAILS.  SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES ARE NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.  YOU AGREE TO INDEMNIFY AND HOLD SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES HARMLESS FROM ANY SUCH CLAIM.  ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14.    CHANGES TO SUMMIT HUT WEB SITES; ADDITIONAL LIABILITY LIMITATION.  SUMMIT HUT MAY CHANGE ANY SUMMIT HUT WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.  As you use Summit Hut Web Sites or use Summit Hut E-Mails, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Summit Hut and persons other than Summit Hut (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 12 AND 13, YOU ACKNOWLEDGE AND AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 12 AND 13, YOU ACKNOWLEDGE AND AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF SUMMIT HUT WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN SUMMIT HUT WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH SUMMIT HUT WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON SUMMIT HUT WEB SITES OR IN SUMMIT HUT E-MAILS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 12 AND 13 AND THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15.    LIMITED PERIOD FOR FILING SUIT.  YOU AND SUMMIT HUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUMMIT HUT WEB SITES OR SUMMIT HUT E-MAILS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.    SEVERABILITY.  The invalidity or unenforceability of any term or provision of this Agreement or the non application of any such term or provision to any party or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

17.    NOTICE.  All notices and other communications under this Agreement shall be in writing or displayed electronically on this site by Summit Hut.  Notices shall be deemed to have been properly given on the date deposited in the U.S. Mails, if mailed; on the date first made available, if displayed on this site; or on the date received, if delivered in any other manner.  Notices to you may be sent to any of the addresses provided by you, including e-mail addresses.  Except as expressly directed otherwise by Summit Hut herein or elsewhere in this site, e-mail notices to Summit Hut must be sent to summit@summithut.com.

18.    CAPTIONS; ENTIRE AGREEMENT.  The captions used in this Agreement are for convenience only and shall not be used to construe or interpret any of the provisions of this Agreement.  This Agreement, together with any Additional Terms, constitute the entire agreement between you and Summit Hut with respect to the subject matter hereof and of the Additional Terms.  All prior agreements, understanding, negotiations or representations, whether oral or in writing relating to such subject matter are superseded and canceled in their entirety.

19.    GOVERNING LAW.  Summit Hut Web Sites, including this site, and Summit Hut E-Mails are created and controlled by Summit Hut in the State of Arizona, USA.  Use of this site or Summit Hut E-Mails and any purchase of goods or services through this site or Summit Hut E-Mails shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this site from other jurisdictions, and those who elect to receive Summit Hut E-Mails in other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. USERS OF THIS SITE AND RECIPIENTS OF SUMMIT HUT E-MAILS AGREE THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY SUMMIT HUT, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO ANY SUMMIT HUT WEB SITE, ANY SUMMIT HUT E-MAILS, THIS AGREEMENT, OR THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF A SUMMIT HUT WEB SITE OR SUMMIT HUT E-MAILS, SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN PIMA COUNTY, ARIZONA.

20.    OWNER AND OPERATOR OF SUMMIT HUT WEB SITES.  Summit Hut, Ltd., an Arizona corporation, is the owner and operator of the this Web site and all other Summit Hut Web Sites.  Unless otherwise specified, all contents of Summit Hut Web Sites are © Summit Hut, Ltd. and/or its suppliers.  All rights reserved. The address of this Summit Hut Web Site is www.summithut.com. The mailing address for Summit Hut, Ltd. is 5045 East Speedway, Tucson, AZ 85712.

Terms of Purchase

1.    THIS IS AN AGREEMENT.  This is an agreement between you and Summit Hut, Ltd. (“Summit Hut”). This agreement is referred to as this “Purchase Agreement”.  This Purchase Agreement governs your online purchase of any goods or services from any Web site operated by Summit Hut.  This includes, but is not limited to, this Web site and the Web site associated with GearHut and GearHut.com.  In this Agreement, each Web site operated by Summit Hut is referred to individually as a "Summit Hut Web Site," and collectively as "Summit Hut Web Sites", and the “Summit Hut Parties” means Summit Hut and its affiliates, and their respective shareholders, owners, members, directors, managers, partners, officers, employees, attorneys, agents and representatives.  Any Summit Hut Web Site may contain additional terms that further govern purchases made on that Summit Hut Web Site, all of which are incorporated by reference in this Purchase Agreement. Those additional terms include those that appear in online notices relating to certain information, products, software, services or features being sold. Your submission of any order for the purchase of any goods or services through a Summit Hut Web Site constitutes your acceptance of the terms of this Purchase Agreement, including any applicable additional terms.  If you do not agree with any of the provisions of this Purchase Agreement or with any of the additional terms that are a part of this Purchase Agreement, do not make a purchase.  If any terms of this Purchase Agreement that are not additional terms conflict with any of the additional terms, then the terms of this Purchase Agreement that are not additional terms shall control.  ORDERS ARE RECEIVED FROM YOU ON OR THROUGH SUMMIT HUT WEB SITES ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS PURCHASE AGREEMENT WITHOUT MODIFICATION. YOUR SUBMISSION OF AN ORDER CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION.

2.    PRODUCT DESCRIPTIONS.  Summit Hut product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research.  We strive to be accurate in our product descriptions, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot and do not guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, or current.  

3.    PRODUCT COLOR.  Summit Hut Web Sites attempt to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using.

4.    MANUFACTURERS’ WARRANTIES.  The only warranties that are made with regard to products and services purchased through Summit Hut Web Sites are those, if any, that are issued by the manufacturer or the provider of the service.  If a manufacturer’s or provider’s warranty is provided to you with an item or service purchased, the terms of that warranty will govern the existence and scope of the manufacturer’s warranty to you.

5.    PRICING.  All pricing is subject to change. For all prices, products and offers, Summit Hut reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

6.    PAYMENT POLICY.  Visa, Mastercard, American Express and Discover are accepted, and there is no surcharge for their use.  We do not submit credit card charges until time of shipment. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

Summit Hut will accept personal and business checks for prepay orders, but will not ship until the checks clear, which can take as many as 10 business days, or more.

7.    ERRORS. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Summit Hut reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Summit Hut will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Summit Hut’s Return Policy.

8.    CHANGING ORDERS.  You may request a change to your order, provided your order has not already been charged. Please call during our business hours to change your order, and have your order number ready. Do not use email to request a change.

9.    CANCELING ORDERS.  You may request a cancellation of your order, provided your order has not already been processed and shipped. Please call during our business hours to cancel your order. If your account has already been charged, you will receive a credit back to your account within approximately 1-2 business days.  Do not use email to cancel an order.  

10.    VALIDATING YOUR ORDER.  After you place an order using our shopping cart, we will check the information you give us for validity, verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

11.    ORDER ACCEPTANCE / CONFIRMATION.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Summit Hut reserves the right at any time after receipt of your order to accept or decline your order for any reason.

12.    SHIPPING.  Shipping and handling charges on orders vary.  Find current shipping and handling charges here. In some circumstances, international shipping may be available. Contact us for details.

13.    RISK OF LOSS.  Risk of damage to and loss of  items ordered through this Web site pass to you upon our delivery to the carrier.

14.    EXPORT.  If goods are being purchased for purposes of export, the purchaser is advised to seek legal counsel or otherwise make arrangements to inquire into the need for, and to obtain, appropriate licenses and/or documentation before shipping to a foreign country.  In addition, manufacturers’ warranties for exported goods may vary or even be null and void.  

15.    RETURN POLICY.  If you are unhappy with an item for any reason, you may return it for exchange or refund.  For orders placed on the Summit Hut website or via the phone, we will need to validate the returned products against your original order.  For returns or exchanges made at one of our Tucson retail locations, a receipt is required.

If an item is defective or was shipped as a result of our error and you wish to exchange it, we will refund reasonable shipping charges you incur in returning it to us and we will pay for shipping an exchange item of similar size and weight to the original shipping address by a carrier of our choice on a non-expedited basis.  If an item is defective or was shipped as a result of our error and you wish to receive a refund, we will refund the amount charged to you for the original shipping and will reimburse you for reasonable shipping charges you incur in returning the item.  In all other cases, provided the exchange is similar in size and weight to the item(s) returned, we will pay for shipping the exchange by a carrier of our choice on a non-expedited basis to the original United States shipping address but we will not refund your original or return shipping costs.  

We ask that items returned be complete, include all original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.

Summit Hut strongly recommends you fully insure your return shipment in case it is lost or damaged and that you use a carrier that can provide you with proof of delivery for your protection.

If merchandise arrives damaged: save the merchandise AND the original box and packing it arrived in, notify Summit Hut immediately to arrange for a carrier inspection and a pick up of damaged merchandise.

16.    DISCLAIMER OF WARRANTIES.  SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES DISCLAIM ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

17.    LIMITATION OF LIABILITY AND DAMAGES.  YOU AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  THESE EXCLUSIONS SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

18.    LIMITED PERIOD FOR FILING SUIT.  YOU MAY NOT BRING A LAWSUIT OR ANY OTHER LEGAL ACTION ARISING OUT OF OR RELATING TO ANY SUMMIT HUT WEB SITE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.   

19.    SEVERABILITY.  The invalidity or unenforceability of any term or provision of this Agreement or the non application of any such term or provision to any party or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

20.    NOTICE.  All notices and other communications under this Agreement shall be in writing or displayed electronically on this site by Summit Hut.  Notices shall be deemed to have been properly given on the date deposited in the U.S. Mails, if mailed; on the date first made available, if displayed on this site; or on the date received, if delivered in any other manner.  Notices to you may be sent to any of the addresses provided by you, including e-mail addresses.  Except as expressly directed otherwise by Summit Hut herein or elsewhere in this site, e-mail  notices to Summit Hut must be sent to summit@summithut.com.

21.    CAPTIONS; ENTIRE AGREEMENT.  The captions used in this Agreement are for convenience only and shall not be used to construe or interpret any of the provisions of this Agreement.  This Agreement, together with any Additional Terms, constitute the entire agreement between you and Summit Hut with respect to the subject matter hereof and of the Additional Terms.  All prior agreements, understanding, negotiations or representations, whether oral or in writing relating to such subject matter are superseded and canceled in their entirety.

22.    CHANGES TO THIS AGREEMENT.  Summit Hut, and only Summit Hut, may change (including supplementing and expanding) the terms, conditions, and notices under which it makes sales on or through Summit Hut Web Sites.  Such changes may be made without notice. You agree to regularly review these Terms and any additional terms posted on any Summit Hut Web Site for changes and agree that any purchase made by you after the effective date of a change affecting terms applicable to the purchases constitutes your acceptance of the change.

23.    GOVERNING LAW.  This site is created and controlled by Summit Hut in the state of Arizona, USA.  Use of this site and any purchase of goods or services through this site shall be governed by and construed in accordance with the laws of Arizona, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this site from other jurisdictions, and those who choose to have goods or services delivered to other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. THE PURCHASER OF GOODS OR SERVICES THROUGH A SUMMIT HUT WEB SITE, INCLUDING THIS SITE, AGREES THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY SUMMIT HUT, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH A SUMMIT HUT WEB SITE SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN PIMA COUNTY, ARIZONA.

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