Terms And Conditions

1. ACCEPTANCE OF TERMS

Old Mountain Store sells physical products to you subject to the following Terms And Conditions (TAC), which may be updated from time to time without notice. You can review the most current version of the Terms And Conditions any time at: https://www.oldmountainstore.com/about/terms-and-conditions. In addition, when using any of our service, you and Old Mountain Store shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC. Old Mountain Store may also offer other services that are governed by different Terms And Conditions.

Each time you purchase physical products through Old Mountain Store you will be required to click the Submit Order button to complete the order. By clicking the Submit Order button and/or by using this site to purchase physical products you are accepting these Terms And Conditions and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of physical products through Old Mountain Store will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us before placing any order.

2. DESCRIPTION AND HOW THESE TERMS APPLY TO THE SALE OF PHYSICAL PRODUCTS

Old Mountain Store sells physical products and access to a collection of resources, including various communications tools, search services, and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the Service). These Terms And Conditions (together with any relevant documents referred to in them) set out the terms on which we supply any and all of the following physical products via our site to you. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Old Mountain Store to help provide the Service. You also understand and agree that the Service may include certain communications from Old Mountain Store, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Old Mountain Store properties, shall be subject to the TAC. You understand and agree that the Service is provided AS-IS and that Old Mountain Store assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. DESCRIPTION AND HOW THESE TERMS APPLY TO THE SALE OF DIGITAL PRODUCTS

If and when Old Mountain Store offers digital products, that will be covered by a different set of terms not specified here.

4. TERRITORIAL RESTRICTIONS

The physical products displayed on our site are only available for purchase by customers that are residents in the United States of America with a billing address in this country. No orders for the delivery or supply of any physical product will be accepted from anyone who is not a resident in the Unites States of America and orders will not be shipped to countries other than the United States of America. Any credit card/debit card billing address must be in the United States of America. We may employ various technological means/methods to ensure compliance with territorial restrictions including credit card checking and reverse IP look up. You agree you will not circumvent or attempt to circumvent any technology we employ to verify/control territorial restrictions.

5. PRIVACY POLICY

Registration Data, Order Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at https://www.oldmountainstore.com/about/privacy-policy/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Old Mountain Store.

6.REFUND AND RETURN POLICY

Our Refund Policy is located at https://www.oldmountainstore.com/about/refund-and-return-policy/ You understand that through your use of the Service you consent to this refund and return policy.

7. PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND OLD MOUNTAIN STORE

After placing an order via Old Mountain Store, you will receive an email from us explaining the details of your order and acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. You must check that the details on this email are correct as soon as possible as your order represents an offer to us to buy a physical product. We recommend you print out and keep a copy of that email.

All orders are subject to acceptance by Old Mountain Store, and we will confirm such acceptance to you by sending you an email that confirms that the physical product has been shipped (the Shipping Confirmation). We recommend you print out and keep a copy of the Shipping Confirmation.

The contract for the purchase of any physical product will be between you and Old Mountain Store and will only be formed when we send you the Shipping Confirmation and we have received payment in full for the physical products (Contract). Until we send you the Shipping Confirmation and receive payment in full there is no contract between you and us for the physical products. We reserve the right, in our sole discretion to reject any order we receive.

The Contract will relate only to those physical products whose shipping Old Mountain Store have confirmed in the Shipping Confirmation and for which we have received payment in full. We will not be obliged to supply any other physical products which may have been part of your order until the shipping of such physical products has been confirmed in a separate Shipping Confirmation.

7.1 AVAILABILITY AND DELIVERY

All physical products featured on Old Mountain Store are subject to availability. We will endeavor to make it clear where physical products offered are available for a limited time or in limited numbers. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular physical products will be in stock at a particular time.

We will endeavor to fulfill your order as soon as possible in accordance with our delivery guidelines. Note however that all delivery times which we quote are estimates only, based on availability, order processing and arrangements with delivery companies. We will fulfill your order within 30 days of the date of the Shipping Confirmation, unless it is a pre-order physical product or there are exceptional circumstances. We will keep you informed by email if any of the physical products which you have ordered are unavailable or there are delays with ordering/shipping them.

Some physical products may be made available for pre-order which means they will not be shipped until the scheduled release date. Old Mountain Store will send you an email confirming the date on which this physical product is shipped.

Unless otherwise specified in the Shipping Confirmation, physical products will be sent by UPS ground only and are capable of being tracked. Your tracking number will be included in the Shipping Confirmation.

7.2 PRICE AND PAYMENT

Subject to this section the price of any physical products will be as quoted on Old Mountain Store, except in the case of obvious error.

Old Mountain Store will use our best efforts to ensure the prices of physical products displayed on our site are correct. However, Old Mountain Store contains a number of physical products and it is always possible that, despite our best efforts, some of the physical products listed on our site may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where a physical product’s correct price is less than our stated price, we may at our discretion charge the lower amount when shipping the physical product to you. If a physical product’s correct price is higher than the price stated on our site at the time you placed your order, we will normally, at our discretion, either contact you for instructions before shipping the physical product (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.

Old Mountain Store is under no obligation to provide the physical product to you at the incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from the contract including any accepted Contract in the case of obvious and unmistakable pricing errors.

The prices on the site include tax but exclude delivery costs, which will be added to the total amount due at the time of checkout.

Prices are liable to change at any time, but subject this section, changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

Payment for all physical products must be through PayPal or Amazon Payments. No other methods of payment will be accepted. By using PayPal or Amazon Payments, your payment for the physical product is taken at the point of order placement.

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the physical products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps.

As soon as we have delivered the physical products, you will be responsible for them.

We will retain ownership of the physical products, which will only pass to you when we receive full payment of all sums due in respect of the physical products, including delivery charges.

8. YOUR REGISTRATION OBLIGATIONS AND PHYSICAL PRODUCT ORDERING

In consideration of your use of the Service and your need to register with this site to place an order for any of our physical products, you represent that you are of legal age to form a binding contract, that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, that you are resident and accessing our site from the United States of America, and that you are purchasing our physical products for private, non-commercial use only. You will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order. If you do not register to use the site you will not be able to place an order, track your orders or see your order history. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the Registration Data) and order form (the Order Data), and (b) maintain and promptly update the Registration Data and Order Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Old Mountain Store has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Old Mountain Store has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

9. MEMBER ACCOUNT, PASSWORD, AND SECURITY

You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Old Mountain Store of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Old Mountain Store cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

10. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (Content), are the sole responsibility of the person from whom such Content originated. This means that you, and not Old Mountain Store, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Old Mountain Store does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Old Mountain Store be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Old Mountain Store official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (Rights) of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. stalk or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.

You acknowledge that Old Mountain Store may or may not pre-screen Content, but that Old Mountain Store and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Old Mountain Store and its designees shall have the right to remove any Content that violates the TAC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that Old Mountain Store may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Old Mountain Store, its principals, employees, associates, affiliates, users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Old Mountain Store and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

11. INTERSTATE NATURE OF COMMUNICATIONS ON OLD MOUNTAIN STORE NETWORK

When you register, you acknowledge that in using Old Mountain Store services to send electronic communications you will be causing communications to be sent through Old Mountain Store’s computer networks, which are located in various locations in the United States, and portions of which are located abroad. As a result, and also as a result of Old Mountain Store’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission.

Accordingly, by agreeing to this TAC, you acknowledge that use of the service results in interstate and international data transmissions.

12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Old Mountain Store does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant Old Mountain Store and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable:

* With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or Old Mountain Store removes such Content from the Service.

* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Publicly accessible areas of the Service are those areas of the Old Mountain Store network of properties that are intended by Old Mountain Store to be available to the general public.

14. INDEMNITY

You agree to indemnify and hold Old Mountain Store and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.

15. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.

16. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Old Mountain Store may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Old Mountain Store’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Old Mountain Store has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Old Mountain Store reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Old Mountain Store reserves the right to modify these general practices and limits from time to time without notice.

17. MODIFICATIONS TO SERVICE

Old Mountain Store reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Old Mountain Store shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

18. TERMINATION

You agree that Old Mountain Store may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TAC or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that Old Mountain Store shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.

19. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Old Mountain Store shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

20. LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because Old Mountain Store has no control over such sites and resources, you acknowledge and agree that Old Mountain Store is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Old Mountain Store shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

21. OLD MOUNTAIN STORE PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Old Mountain Store, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

22. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. WE WARRANT TO YOU THAT ANY PHYSICAL PRODUCT PURCHASED FROM OLD MOUNTAIN STORE THROUGH OUR SITE IS OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PHYSICAL PRODUCTS OF THE SAME KIND ARE COMMONLY SUPPLIED. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE PRODUCTS. YOU AGREE THAT USE OF THE SITE TO PURCHASE PHYSICAL PRODUCTS IS AT YOUR SOLE RISK.

b. IF YOU OR OLD MOUNTAIN STORE ARE IN BREACH OF THE CONTRACT, NEITHER OF US WILL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE BREACH. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US.

c.OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING A CONTRACT FOR PRODUCT(S) IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE RELEVANT PHYSICAL PRODUCT(S) AFFECTED.

d. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. OLD MOUNTAIN STORE, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

e. OLD MOUNTAIN STORE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

f. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

g. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLD MOUNTAIN STORE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.

h. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

23. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLD MOUNTAIN STORE, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR OLD MOUNTAIN STORE HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

24. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 23 AND 24 MAY NOT APPLY TO YOU.

25. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. Old Mountain Store and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

26. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TAC, there shall be no third-party beneficiaries to this agreement.

27. TRADEMARK INFORMATION

All logos, product, and service names related to these TAC are trademarks of Old Mountain Store (the Old Mountain Store Marks). Without Old Mountain Store’s prior permission, you agree not to display or use in any manner the Old Mountain Store Marks.

28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Old Mountain Store respects the intellectual property of others, and we ask our users to do the same. Old Mountain Store may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Old Mountain Store’s IP agent the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:

a. a description of the copyrighted work or other intellectual property that you claim has been infringed;

b. a description of where the material that you claim is infringing is located on the site;

c. your address, telephone number, and email address;

d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;

e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may give the above notice to Old Mountain Store’s IP agent:

Contact Page: https://www.oldmountainstore.com/about/contact/

29. GENERAL INFORMATION

Entire Agreement. The TAC constitutes the entire agreement between you and Old Mountain Store and governs your use of the Service, superseding any prior agreements between you and Old Mountain Store with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Old Mountain Store services, physical and digital products, affiliate services, third-party content, or third-party software.

Old Mountain Store intends to rely upon these Terms And Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the Contract.

Choice of Law and Forum. The TAC and the relationship between you and Old Mountain Store shall be governed by the laws of the State of Montana without regard to any principles of conflicts of law. You and Old Mountain Store agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Missoula, Montana.

Waiver and Severability of Terms. The failure of Old Mountain Store to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Old Mountain Store account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TAC are for convenience only and have no legal or contractual effect.

30. NOTICE AND OLD MOUNTAIN STORE’S RIGHT TO VARY THESE TERMS AND CONDITIONS

Old Mountain Store may provide you with notices, including those regarding changes to the TAC, by email, regular mail or postings on the Service.

Old Mountain Store have the right to revise and amend these Terms And Conditions from time to time including to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities.

You will be subject to the policies and Terms And Conditions in force at the time that you order physical products from Old Mountain Store, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these Terms And Conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the Terms And Conditions, unless you notify us to the contrary within seven working days of receipt by you of the physical products or our entering into the Contract (as applicable)).

31. VIOLATIONS

Please report any violations of these TAC at our contact page https://www.oldmountainstore.com/about/contact/