TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you can become an active member of the 8th Mountain (referred to as “us”, “our”, “we”, “Company”, “Website”, “8thMountain.com”). Please read them carefully.
For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, you hereby agree to become a subscriber to Website, and agree to be bound by all the terms and conditions set forth in this agreement (the “Agreement”). The parties to this Agreement are you, the Subscriber, and Website. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to you all the privileges of subscription to Website available to a Subscriber in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to Website, or by mail.
I acknowledge and agree that all materials contained at Website are proprietary and constitute valuable intellectual property. I acknowledge and agree that as such, I may only access, view, download, receive and otherwise use the materials available at Website only as authorized by the Company. I agree that I shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. I hereby acknowledge and agree that no materials from any parts of Website are authorized, and no materials are intended, by the Company to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law. I agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from Website, in which I am directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of Website’s and potentially other’s intellectual property rights and other rights in such materials and shall further constitute a violation of Website’s trademark and other rights, including, but not limited to, rights of privacy.
I agree to be personally liable and fully indemnify Website for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from Website alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Some or all of the following fees and charges may be incurred by the Subscriber:
a. Subscription Fees. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. For your convenience and satisfaction, all memberships will automatically renew upon expiration unless your subscription is cancelled at least 24 hours prior to expiration. The cost of renewal will not exceed monthly membership costs at time of members’ initial subscription. Cost of renewal will not be affected by any increase in Website subscription rates.
b. Other fees and/or charges for goods and services ordered at, through and/or from Website and its licensees.
Subscriptions may not be assigned or transferred to any other person or entity. You must cancel your trial or membership 24 hrs before expiration by emailing our member services department firstname.lastname@example.org You must include your username, member ID, transaction #, or some other form of identification in order to expedite your cancellation.
Payment for the services provided to you at and/or through Website may be made by automatic credit card and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to Website, or as unauthorized any charge by Website, for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to Website on your credit card which has been made by you or anyone under your authority,at a time when a charge or other obligation for payment for goods and/or services to Website remains outstanding at the time of such fraudulent reporting. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of anyother terms, conditions, promises and warranties set forth in this Agreement.
Subscription to Website may be terminated at any time, and without cause, by either Company or Subscriber upon notification of the other by electronic or conventional mail, or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of Website. Your liability for such charges shall continue after termination of your membership for any reason.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to Website. Access to and use of Website is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, Website will not release passwords. Unauthorized access to Website is a breach of this Agreement and a violation of law.
Subject to the terms and conditions set forth herein, Website hereby grants you a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized Subscriber use of Website which Company provides (“Materials”) during the period in which you area current Subscriber in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the Materials are made available by Website, you may make only a single copy of such Materials for your personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3)making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
You agree that Materials and all other services provided to you by Company are provided on an “AS IS” basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by you. Should the Materials or any other service provided by Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of Website.
Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through Website.
No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the Website, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
All materials included at Website are for the private use by Subscribers only. No other uses are intended by the Company and any other use is strictly prohibited.
If the Company should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using Website or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to Website. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through Website even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through Website can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
Notices from Website to Subscribers may be given by means of e-mail, by general posting on Website, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone.
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers’ use of Website, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of Washington and the United States as applied to agreements between Washington state residents entered into and to be performed within the State of Washington, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO Website.