Conditions of Use
Welcome to HikeAmerica.com. HikeAmerica provide website features to you subject to the following conditions. If you visit or shop at HikeAmerica.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future HikeAmerica service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit HikeAmerica.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HikeAmerica or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HikeAmerica and protected by U.S. and international copyright laws. All software used on this site is the property of HikeAmerica or its software suppliers and protected by United States and international copyright laws.
All HikeAmerica.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HikeAmerica in the U.S. and/or other countries. HikeAmerica’s trademarks and trade dress may not be used in connection with any product or service that is not HikeAmerica’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HikeAmerica. All other trademarks not owned by HikeAmerica that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HikeAmerica.
License and Site Access
HikeAmerica grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HikeAmerica. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HikeAmerica. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HikeAmerica without express written consent. You may not use any meta tags or any other “hidden text” utilizing HikeAmerica’s name or trademarks without the express written consent of HikeAmerica. Any unauthorized use terminates the permission or license granted by HikeAmerica. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HikeAmerica.com so long as the link does not portray HikeAmerica, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HikeAmerica logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HikeAmerica does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use HikeAmerica.com only with involvement of a parent or guardian. HikeAmerica reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, 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 as to the origin of a card or other content. HikeAmerica reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant HikeAmerica a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HikeAmerica and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HikeAmerica for all claims resulting from content you supply. HikeAmerica has the right but not the obligation to monitor and edit or remove any activity or content. HikeAmerica takes no responsibility and assumes no liability for any content posted by you or any third party.
HikeAmerica respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us.
Risk Of Loss
All items purchased from HikeAmerica are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
HikeAmerica attempts to be as accurate as possible. However, HikeAmerica does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HikeAmerica itself is not as described, your sole remedy is to return it in unused condition.
Despite our best efforts, a small number of the items in our catalog may be mis-priced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HIKEAMERICA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HIKEAMERICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIKEAMERICA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIKEAMERICA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM HIKEAMERICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIKEAMERICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting HikeAmerica.com, you agree that the laws of the state of CALIFORNIA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HikeAmerica.
Any dispute relating in any way to your visit to HikeAmerica.com or to products or services sold or distributed by HikeAmerica or through HikeAmerica.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Mateo County, California, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, And Severability