Welcome to our website. Mountain Creek Outdoors (“MT Creek”, “Mountain Creek”, “we”, “us” or “our”) provides the services available on this Website to you subject to the following terms and conditions. By accessing or using this Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our services on our Website; however, to the extent permitted by applicable law, we do not warrant that the service descriptions, product information or other content available on this Website is accurate, complete, reliable, current, or error-free.
3. Intellectual Property
All content available on this Website, including, but not limited to, text, graphics, logos, button icons, images, data compilations, and the compilation thereof (the “Content”) is the property of Mountain Creek Outdoors, our affiliates, our partners or our licensors, and is protected by Australian and international copyright laws.
The trademarks, logos, and service marks displayed on this Website (collectively, the “Trademarks”) are the registered and unregistered marks of Mountain Creek Outdoors, our affiliates, our licensors or our partners, in Australia and other countries, and are protected by Australian and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mountain Creek Outdoors.
Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
4. Limited Licesnse
We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Website. Please note that you may not frame or utilize framing techniques to enclose this Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 4 does not include the right to:
- modify or download the Website or its contents (except caching, specified downloadable documents or as necessary to view content);
- make any use of this Website or its Content other than personal use;
- create any derivative work based upon either this Website or its Content;
- collect account information for the benefit of another party;
- use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website
- may link to, but not replicate, our Content;
- may not imply that we are endorsing such website or its services or products;
- may not misrepresent its relationship with us;
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
- may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- may not use any Trademark without express written permission;
- may not link to any page of this Website other than the home page.
We may, in our sole discretion, request that you remove any link to this Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of this Website terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law.
5. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from this Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from this Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
7. Representations and Warranties; Limitation of Liability
THIS WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THIS WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on this Website. Any changes are effective immediately upon posting to this Website. Your continued use of this Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.