Terms of Use

Terms of Use Agreement
Welcome to mountain-mama.com, the website for Mountain Mama, Inc.

By using mountain-mama.com, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using mountain-mama.com, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using mountain-mama.com. In addition, when you use any future version of mountain-mama.com, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. The date of the most recent update is listed at the end of this Agreement.

Privacy
Please review our privacy policy. The terms and conditions of our privacy policy are part of this Agreement.

Sale Pricing and Discounts
Mountain Mama occasionally offers merchandise at sale prices or at a discount with a special code. If an item goes on sale within 7 days of your purchase, we will either adjust the price of that item prior to shipping or refund you the difference upon request. Only one discount can be taken on any item; we honor the higher discount amount for any purchase.

Pro Deals
Mountain Mama is happy to extend pro deal pricing to full-time employees of outdoor industry and affiliated companies. To get a code for your company, please contact christine@mountain-mama.com. Pro deal discounts are applied to retail prices.

Orders
Mountain Mama reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Mountain Mama believes that user conduct violates applicable law or is harmful to the interests of Mountain Mama or its affiliates.

Trademarks
Mountain Mama®  and Mountain Mama: Expecting Adventure®  are registered trademarks of Mountain Mama, Inc. in the United States and other countries.

Facebook®, registered trademark of Facebook, Inc.; Polartec®, registered trademark of Polartec, LLC; Power Dry®, registered trademark of Polartec, LLC; Power Stretch®, registered trademark of Polartec, LLC; Tencel®, registered trademark of Lenzing Aktiengesellschaft Corporation; Thermal Pro®, registered trademark of Polartec, LLC; Twitter®, registered trademark of Twitter, Inc.; YouTube®, registered trademark of Google Inc.; YKK®, registered trademark of YKK Corp.

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Mountain Mama or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Mountain Mama or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on mountain-mama.com confers on you any license or right under any trademark of Mountain Mama or any third party.

Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on mountain-mama.com, and the selection, coordination, and arrangement of such content, are owned by Mountain Mama to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of mountain-mama.com for any purposes. Nothing stated or implied on mountain-mama.com confers on you any license or right under any copyright of Mountain Mama or any third party.

Mountain-mama.com and the information it contains are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of Mountain-mama.com, or use the contents of Mountain-mama.com in litigation, or for any commercial or promotional purposes, without the express written consent of Mountain Mama or its lawful successors and assigns. For usage permission, Contact Us.

License and Access to mountain-mama.com
Mountain Mama grants you a limited license to access and make personal use of mountain-mama.com.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Mountain Mama so long as the link does not portray Mountain Mama or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Mountain Mama logo or other proprietary graphic or trademark as part of the link without express written permission.

You may not download (other than page caching) or modify any portion of mountain-mama.com except with express written consent of Mountain Mama. This license does not include any resale or commercial use of mountain-mama.com or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of mountain-mama.com or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither mountain-mama.com nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mountain Mama. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mountain-mama.com without express written consent. You may not use meta tags or any other hidden text using Mountain Mama’s name or trademarks without the express written consent of Mountain Mama. Any unauthorized use terminates the permission or license granted by Mountain Mama.

Third Party and Co-Branded websites
Mountain-mama.com may contain hyperlinks (“links”) to websites operated by persons or entities other than Mountain Mama (“third-party websites”) or to co-branded websites operated by a third party, including affiliates (“co-branded websites”). We provide such links for your reference and convenience only. A link from mountain-mama.com to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded websites to which you might link from mountain-mama.com. MOUNTAIN MAMA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities
You agree to comply with all applicable law in connection with your use of mountain-mama.com, and such further limitations as may be set forth in any written or on-screen notice from Mountain Mama. As a condition of your use of mountain-mama.com, you warrant that you will not use mountain-mama.com for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with mountain-mama.com or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Mountain Mama or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using mountain-mama.com, you agree not to violate or attempt to violate the security of mountain-mama.com, including, without limitation, actions such as:

  1. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 
  3. Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” mountain-mama.com; Sending unsolicited email, including promotions and/or advertising of products or services, and
  4. Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss
All products purchased from mountain-mama.com are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Mountain Mama. Title to products purchased on mountain-mama.com, as well as the risk of loss for such products, passes to you when Mountain Mama delivers these items to the carrier.

Product Information
Mountain Mama attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of mountain-mama.com are accurate, complete, reliable, current, or error-free. Most Mountain Mama products displayed on mountain-mama.com are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via mountain-mama.com may not be available in retail stores. Unless otherwise stated, the prices displayed at mountain-mama.com are quoted in U.S. Dollars.

Colors
We have made every effort to display as accurately as possible the colors of our products that appear on mountain-mama.com. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.

The Mountain Mama Guarantee
Mountain Mama 100% guarantees every product we make. If you're not completely satisfied with anything you purchase from us, just return it. We'll happily exchange it, give you a refund, or credit you for another purchase. We're proud of our innovative, Made in the USA maternity clothing. And we guarantee you're going to love it, too! If you are not fully satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to us for repair, replacement, refund, or credit.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

YOU AGREE THAT USE OF THE MOUNTAIN MAMA WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, MOUNTAIN MAMA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, MOUNTAIN MAMA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE,  OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, MOUNTAIN MAMA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

UNDER NO CIRCUMSTANCES SHALL MOUNTAIN MAMA INC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOUNTAIN MAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MOUNTAIN MAMA WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnification
You agree to defend, indemnify, and hold harmless Mountain Mama, Inc. and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Mountain Mama, Inc. arising out of or relating to your use of mountain-mama.com, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.

For violations of Mountain Mama’s intellectual property rights, Mountain Mama may seek injunctive or other relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Any dispute relating in any way to your visit to Mountain Mama or to products you purchase through mountain-mama.com shall be submitted to confidential arbitration in California, United States of America. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous Legal Provisions

We may change the contents or any and all other features of mountain-mama.com at any time for any reason, without notice. We may discontinue or restrict your use of mountain-mama.com at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mountain Mama as a result of this Agreement or your use of mountain-mama.com. The failure of Mountain Mama to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding mountain-mama.com and its content and supersedes any prior communications regarding mountain-mama.com and its contents.

All rights not expressly granted herein are hereby reserved.

Considerations for Non-U.S. Customers

Mountain Mama’s headquarters are located in the United States. Please be aware that information you provide to us may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using mountain-mama.com, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

How to contact us
If you have any questions or concerns about these Terms of Use, please contact us.

By email:
info@mountain-mama.com

By Phone:
855-MTN-MAMA (686-6262)

By Fax:
909.586.6922  By USPS mail:
Mountain Mama
P.O. Box 1573
Ontario, CA 91762  

EFFECTIVE DATE: August 11, 2012