CONDITIONS OF USE

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.

SaltyPeaks.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Privacy

Please review our Privacy Policy to understand our practices.

Access to SaltyPeaks.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

License for website access

SaltyPeaks.com grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SaltyPeaks.com. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website 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 website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

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 SaltyPeaks.com and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SaltyPeaks.com’s or its affiliates’ names or trademarks without the express written consent of SaltyPeaks.com. Any unauthorized use terminates the permission or license granted by SaltyPeaks.com.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to SaltyPeaks.com as long as the link does not portray SaltyPeaks.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SaltyPeaks.com logo or other proprietary graphic or trademark as part of the link without our express written consent.

Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not SaltyPeaks.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
• to cause annoyance, inconvenience or needless anxiety

Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, 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 any content. SaltyPeaks.com reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant SaltyPeaks.com and its affiliates a non-exclusive, 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 SaltyPeaks.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to SaltyPeaks.com, including the execution of deeds and documents, at the request of SaltyPeaks.com.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to SaltyPeaks.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable SaltyPeaks.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify SaltyPeaks.com and its affiliates for all claims brought by a third party against SaltyPeaks.com or its affiliates arising out of or in connection with a breach of any of these warranties.

Defamation claims

Because SaltyPeaks.com lists many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, SaltyPeaks.com operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. SaltyPeaks.com will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.

Copyright and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and video clips, is the property of SaltyPeaks.com, its affiliates or its content suppliers and is protected by United States and international copyright and database right laws. The compilation of all content on this website is the exclusive property of SaltyPeaks.com and its affiliates and is protected by United States and international copyright and database right laws. All software used on this website is the property of SaltyPeaks.com, our affiliates or our software suppliers and is protected by United States and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without SaltyPeaks.com’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without SaltyPeaks.com’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without SaltyPeaks.com’s express written consent.

Copyright claims

SaltyPeaks.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at your earliest convenience and we will make every effort to resolve the situation as quickly as possible.

Trademarks

SaltyPeaks.com and other marks indicated on our website are trademarks or registered trademarks of Salty Peaks, Inc. SaltyPeaks.com’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Salty Peaks. Salty Peaks’ trademarks and trade dress may not be used in connection with any product or service that is not Salty Peaks’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Salty Peaks. All other trademarks not owned by Salty Peaks 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 Salty Peaks.

Our contract

When you place an order to purchase a product from SaltyPeaks.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you. That acceptance will be complete at the time we send the Shipping Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Shipping Confirmation E-mail to have been dispatched do not form part of that contract.

Returns

Please review our Returns Policy which applies to products purchased from us.

Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that shipping estimates are just that. They are not guaranteed shipping times and should not be relied upon as such. As we process your order, we will inform you by e-mail or telephone if any products you order turn out to be unavailable.

Despite our best efforts, a small number of the many products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’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.

Health & Safety

By purchasing any product from our shop, you acknowledge that the sports we sell equipment for are inherently dangerous, that the practice of these sports carries the risk of serious injury or death and that obtaining instruction as to the safe and proper use of such equipment is the sole responsibility of the user of said equipment.

Color

We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.

Electronic communications

When you visit SaltyPeaks.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and 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. This condition does not affect your statutory rights.

Losses

SaltyPeaks.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. SaltyPeaks.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our resonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.