Term and Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND/OR PURCHASING AND/OR USING PRODUCTS SOLD, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND ALL OTHER TERMS INCORPORATED BY REFERENCE.
Welcome to the website of HIGH COUNTRY HARDWARE located at www.highcountryhardware.com ("Site"). These Terms & Conditions ("Terms") apply exclusively to your access to and use of the Site, as well as your purchase and use of our products.
HIGH COUNTRY HARDWARE reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion.
Activities involving the installation and use of ropes course, challenge course, adventure park, zip lines, pulleys, harnesses, braking systems and other gear and/or equipment sold are potentially hazardous by their very nature. Anyone purchasing, installing, or using equipment sold by HIGH COUNTRY HARDWARE must:
- get proper training and instruction regarding its correct installation and safe use;
- ensure proper oversight, supervision and instruction (including the use of appropriate safety equipment) for themselves and others using the equipment;
- ensure all equipment is properly maintained and inspected for damage or wear prior to each use, and;
- assume all risks and accept full responsibility for any damage or injury, including death, that may arise from its use.
HIGH COUNTRY HARDWARE waives all liability for damage or injury, including death, that may arise from use of equipment sold by HIGH COUNTRY HARDWARE.
Information provided by the HIGH COUNTRY HARDWARE website, the telephone, email, text message, and/or by any other means shall NOT be deemed to be professional instruction or advice. Please contact a trained professional to address specific questions you may have regarding installation or use of a particular system at your particular location.
You agree to defend, indemnify and hold harmless HIGH COUNTRY HARDWARE, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any content, information, or materials you submit to HIGH COUNTRY HARDWARE; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your purchase and/or use of products purchased from HIGH COUNTRY HARDWARE. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
In order to create an account on the Site, you will need to register. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to HIGH COUNTRY HARDWARE; and (d) promptly notify HIGH COUNTRY HARDWARE if you discover or otherwise suspect any security breaches related to the Site. We may terminate your account at any time and for any reason.
Ownership of Site Content
Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of HIGH COUNTRY HARDWARE or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You may link to the Site provided such link does not portray HIGH COUNTRY HARDWARE or highcountryhardware.com or any of its products in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise in violation of the Content Standards below. This limited right may be revoked at any time.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonateHIGH COUNTRY HARDWARE, a HIGH COUNTRY HARDWARE employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the HIGH COUNTRY HARDWARE or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Except as expressly provided, any information provided on or in connection with the Site is provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. HIGH COUNTRY HARDWARE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HIGH COUNTRY HARDWARE does not represent or warrant that the Site is accurate, complete, reliable, current or error-free. HIGH COUNTRY HARDWARE does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
HIGH COUNTRY HARDWARE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.
Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice.
We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Shipping & Handling
When we ship a product to you, you agree to pay the shipping and any handling charges shown when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Any shipping or handling charges may or may not reflect actual costs.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You must resolve any problem we encounter in order to proceed with your order.
If you believe a product sold by HIGH COUNTRY HARDWARE has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 404-487-8721
Complaints and Legal Notices should be mailed to:
HIGH COUNTRY HARDWARE
PO BOX 219
Pineola NC 28662
HIGH COUNTRY HARDWARE warrants that new products manufactured by HIGH COUNTRY HARDWARE will be free of defects of material and workmanship. Products not manufactured by HIGH COUNTRY HARDWARE are sold " AS IS" without any warranty, unless the manufacturer of that product otherwise provides a specific warranty for the product.
HIGH COUNTRY HARDWARE MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE COVERED BY THE ABOVE WARRANTY, PRODUCTS PROVIDED BY HIGH COUNTRY HARDWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
Exclusivity of Remedy; Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND HIGH COUNTRY HARDWARE'S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT AND RECEIVE A REFUND OR EXCHANGE. IN NO EVENT SHALL HIGH COUNTRY HARDWARE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF HIGH COUNTRY HARDWARE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limit on Time to File Claims
SUBJECT TO APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
Applicable Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State of North Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state courts located in Avery County NC or the nearest appropriate US District Court and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Termination of Use of Site
Notwithstanding any of these Terms, HIGH COUNTRY HARDWARE reserves the right, without notice and in its sole discretion, to terminate your right to use the Site or any portion of the Site and to block or prevent your future access to and use of the Site or any portion of the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and HIGH COUNTRY HARDWARE regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Effective August 1 2022