Terms + Conditions
Welcome to the Sturtevants of Sun Valley (“Sturtevants”) Website. Please read these terms and conditions carefully. By your use of this Website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this Website. If you do not agree with these terms and conditions, please do not access this Website.
This Web Site Privacy Policy (“Policy”) is designed to explain the information practices of this Web site and the choices you can make about the personally identifiable information that you provide via this Web site (“Personal Information”). This Policy applies to the extent consistent with applicable laws, and does not apply in any instances where the practices would be prohibited by law. To make this Policy easy to find, we make it available via a link on our homepage and whenever Personal Information is requested. This Policy is effective as of January 1, 2013.
Disclaimer of Warranty
All content, materials, products, services and information made available on or through this Website are provided on an “as is” and “as available” basis, without representations or warranties of any kind, either express or implied. Subject to the foregoing, Sturtevants of Sun Valley disclaims all implied warranties, including without limitation, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in these terms and conditions. Sturtevants of Sun Valley makes no representation that the information contained on this Website, your results in using this Website or the service itself will be accurate, valid, reliable or available or that it does not violate or infringe the rights of any third party. Sturtevants of Sun Valley does not warrant that the content, materials, products, services and information made available to you through this Website, their servers, or e-mail sent from Sturtevants of Sun Valley are free of viruses or other harmful agents or components. Sturtevants of Sun Valley makes no representation and specifically disclaims any warranty regarding any site linked to this Website.
This disclaimer by Sturtevants of Sun Valley in no way affects the terms of any manufacturer’s or third party seller’s warranty, if any, related to the goods purchased via this Website. Title to goods and merchandise is retained by Sturtevants of Sun Valley until goods and merchandise are paid for by the purchaser and at that time title passes to the purchaser.
Certain state laws do not allow limitations on implied warranties. 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.
Limitation of Liability
You agree that, except as otherwise provided under applicable laws, neither Sturtevants of Sun Valley nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this Website or any other Website linked to this Website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Sturtevants of Sun Valley is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.
Trademarks and Copyrights
You agree that all content appearing on the Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software, are the sole property of Sturtevants of Sun Valley or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Sturtevants of Sun Valley and protected by United States and international copyright laws. All software used on this site is the property of Sturtevants of Sun Valley or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the Sturtevants of Sun Valley Website for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited. ALL RIGHTS RESERVED
Sturtevants of Sun Valley does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of Sturtevants of Sun Valley. Sturtevants of Sun Valley prohibits use of the Sturtevants of Sun Valley logo or other proprietary graphic or trademark as a link to any Website unless creating such a link is approved in advance by Sturtevants of Sun Valley in writing. Registered and unregistered proprietary information is owned and held by Sturtevants of Sun Valley and its licensors and therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form either mentioned or unmentioned.
Sturtevants of Sun Valley and Sun Valley Mountain Guides are trademarks, registered trademarks or trade dress of Sturtevants of Sun Valley in the United States and/or other countries. Sturtevants of Sun Valley’s trademarks and trade dress may not be used in connection with any product or service that is not Sturtevants of Sun Valley’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sturtevants of Sun Valley. All other trademarks not owned by Sturtevants of Sun Valley 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 Sturtevants of Sun Valley.
Third Party Websites
You agree that Sturtevants of Sun Valley encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. Sturtevants of Sun Valley and its affiliates make no representation or warranty about the legality of any third party Website. Any such Website is independent from Sturtevants of Sun Valley, and Sturtevants of Sun Valley has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between Sturtevants of Sun Valley and another Website further does not mean that Sturtevants of Sun Valley endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. Sturtevants of Sun Valley expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the Sturtevants of Sun Valley domain.
Use Restrictions
This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other “hidden text” utilizing Sturtevants of Sun Valley’s name or any trademarks; to engage in any activity that interferes with a user’s access to this website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website, you will not impersonate any person or entity.
Unlawful Conduct
You agree that you are prohibited from posting or transmitting to the Sturtevants of Sun Valley Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. Sturtevants of Sun Valley reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.
Termination of Use of This Website
You agree that any unauthorized use of this Website, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. Sturtevants of Sun Valley reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice at Sturtevants of Sun Valley’s discretion.
Product Descriptions, Availability and Price
Sturtevants of Sun Valley attempts to be as accurate as possible. However, Sturtevants of Sun Valley does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free. If a product offered by Sturtevants of Sun Valley is not as described, your sole remedy is to return it in unused condition with all tags, boxes, or other packaging and accessories.
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Sturtevants of Sun Valley shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Sturtevants of Sun Valley shall have the right to limit the number of items purchased through this Website. Sturtevants of Sun Valley shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sturtevants of Sun Valley shall immediately issue a credit to your credit card account in the amount of the charge.
Revisions
Sturtevants of Sun Valley may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. Sturtevants of Sun Valley shall not be liable to you or any third party should it exercise this right to modify or discontinue the Website. Sturtevants of Sun Valley also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions are posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them.
Indemnity
You agree to indemnify, defend and hold harmless Sturtevants of Sun Valley, its affiliates, subsidiaries, officers, directors, employees, agents, licensors and licensees from any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website.
Enforceability and Governing Law
In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of the Website, and these Terms and Conditions are governed and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions. Any action against Sturtevants of Sun Valley arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state or federal courts located in Idaho. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Idaho for the adjudication of all claims by Sturtevants of Sun Valley against you arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions.
Sturtevants of Sun Valley’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sturtevants of Sun Valley in writing. You acknowledge and agree that you will not seek to litigate any claims against Sturtevants of Sun Valley or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Your Representations
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
Questions?
If you have any questions regarding these Terms & Conditions set forth above, please contact Sturtevants of Sun Valley in writing at Sturtevants of Sun Valley, PO Box 5300, Ketchum, Idaho 83340.