Terms And Conditions

Mountain Hardwear Elevated Rewards™
Program Terms and Conditions

Effective April 8, 2009

By registering as a Member of the Mountain Hardwear Elevated Rewards™ program (the “Program”) or using the Mountain Hardwear Elevated Rewards™ card, you accept the following Terms and Conditions of the Program.

1. MEMBER BENEFITS. As a Member, you will receive:

a. Exclusive Member-only pricing on selected items at participating Mountain Hardwear branded U.S.

stores, while supplies last.

b. Exclusive offers and coupons.

c. Early product previews.

d. Access to special promotions and events.

2. GENERAL TERMS AND CONDITIONS.

a. Eligibility.

· No purchase is necessary.

· To become a Member, you must be a legal resident of the fifty (50) United States or the District of Columbia at least eighteen (18) years of age or older, and you must provide a valid name, E-mail address, and physical mailing address.

· Employees of Mountain Hardwear are not eligible.

b. Benefits.

· To obtain or accrue Program benefits, you must present your Mountain Hardwear Elevated Rewards™ card and valid photo identification during each eligible purchase transaction at a participating store.

· Prices, offers, discounts and other benefits may be subject to additional terms and conditions.

· Member-only prices, offers and discounts may not be combined with any other offer or discount and are valid only while supplies last.

· Products, colors, sizes, and availability may vary and are subject to change without notice.

· Benefits may not be retroactively applied to or accrued in connection with prior purchases.

· Mountain Hardwear may provide or limit Program benefits based on your geographic location, Program activity, and/or information supplied by you.

· Membership and Program benefits are nontransferable and may only be used for your personal benefit.

· Your benefits may not be combined with benefits accrued by another Member.

· You agree that you will not anyone else to use your Mountain Hardwear Elevated rewards™ card.

· Mountain Hardwear is not responsible for lost, misdirected, delayed, undeliverable, stolen, unclaimed or expired Program benefits or rewards.

· Mountain Hardwear is not responsible for lost or stolen Mountain Hardwear Elevated Rewards™ cards.

· If you fail to comply with these Terms and Conditions, abuse Program privileges, engage in conduct adverse to the interests of Mountain Hardwear, or provide inaccurate or incomplete information, your membership and/or accrued Program benefits may be immediately terminated by Mountain Hardwear.

c. No Proprietary Rights. You agree that the Program and any related Member benefits do not create any proprietary rights in your favor.

d. Member Information. You must maintain complete, accurate and updated Member information online at mountainhardwear.com/elevatedreweards.

e. Correspondence. The Program is sponsored by Mountain Hardwear, Inc. Correspondence should be addressed to: Mountain Hardwear Elevated Rewards Team, 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804.

f. Privacy. You agree to receive advertising, marketing materials, and other communications from Mountain Hardwear and its agents, representatives, and affiliates. Your personal Member information will otherwise be treated in accordance with the Mountain Hardwear Privacy Policy, available at www.mountainhardwear.com/PrivacyPolicy.aspx.

3. MODIFICATION AND TERMINATION. You understand and agree that Mountain Hardwear may, in its sole discretion, at any time and from time to time, modify, restrict, or terminate the Program without any liability or notice to you

Changes. Changes will generally be posted at www.mountainhardwear.com/elevatedrewards at least five (5) days prior to the effective date. Your continued use of the Mountain Hardwear Elevated Rewards™ card constitutes acceptance of any changes. The most current version of these Terms and Conditions is available at www.mountainhardwear.com/elevatedrewards.
Termination. Termination notices will generally be sent to your registered E-mail address. If you do not provide a valid E-mail address, you will be notified of Program termination the next time you present your Mountain Hardwear Elevated Rewards™ card at a participating store.
Opt Out. You may opt out of the Program at any time by following “opt out” instructions at www.mountainhardwear.com/elevatedrewards or by sending written notice, including your name and Member identification number, to Mountain Hardwear at the address listed above.
Benefits Cancelled. Unredeemed coupons and other benefits, if any, earned as of the termination or opt-out date will be automatically forfeited without compensation or recourse.

4. RELEASE OF LIABILITY. YOU UNCONDITIONALLY RELEASE, DISCHARGE, AGREE TO HOLD HARMLESS AND COVENANT NOT TO SUE MOUNTAIN HARDWEAR AND ITS PARENT, AFFILIATES AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, LOSSES, EXPENSES, LIABILITIES, AND DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO ANY LOSS, DAMAGE, COST, AND EXPENSE ARISING OUT OF OR IN ANY WAY RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (COLLECTIVELY, “HARM”), EVEN IF SUCH HARM IS CAUSED BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF MOUNTAIN HARDWEAR. IF MOUNTAIN HARDWEAR ACCEPTS RESPONSIBILITY OR IS DETERMINED TO BE LIABLE IN A COURT OF COMPETENT JURISDICTION FOR ANY HARM, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF (a) THE REIMBURSEMENT OF ANY PROGRAM REGISTRATION FEES PAID BY YOU TO MOUNTAIN HARDWEAR AND (b) FIVE DOLLARS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

5. GOVERNING LAW. Except where prohibited, you agree that the Program and any and all disputes, claims and causes of action arising out of or connected with the Program and these Terms and Conditions shall be (a) resolved individually, without resort to any form of class action, and (b) governed by and construed in accordance with the laws of the state of Oregon, without regard to any choice of law or conflicts of law principles that would require the application of the laws of any other jurisdiction. The sole venue for any legal proceeding or dispute resolution shall be in the state and federal courts in Oregon. You consent to the exclusive jurisdiction of such courts and waive any objection to venue or claim that such courts are an inconvenient forum. You hereby waive all rights to bring any claim or action beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.