Terms & Conditions

Terms of Use

Date of Last Revision: May 2014

Welcome to mountaineers.org. We're excited to provide online tools to help you connect with other people who are passionate about the outdoors. This is the place to share your experiences, voice your opinions and find inspiration for your outdoor adventures.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use ("Terms") apply exclusively to your access to, and use of the websites, mobile applications and online services (collectively, the "Sites") of THE MOUNTAINEERS.

THE MOUNTAINEERS reserves the right to change or modify these Terms at any time and in its sole discretion. If THE MOUNTAINEERS makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.

If you have any questions regarding the use of the Sites, please refer to the Help Section on mountaineers.org. All other questions or comments about the Sites or their contents may be directed to member services by calling 206-521-6000 or emailing us at .

1. Privacy Policy

Please refer to our Privacy Policy for information on how THE MOUNTAINEERS collects, uses and shares information about its users.

2. Eligibility, Registration and Account

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark or trade name of another without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to THE MOUNTAINEERS; and (d) promptly notify THE MOUNTAINEERS if you discover or otherwise suspect any security breaches related to the Sites.

3. Ownership of Site Content

Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the THE MOUNTAINEERS logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of THE MOUNTAINEERS or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of THE MOUNTAINEERS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

4. Copyright Complaints

THE MOUNTAINEERS respects the intellectual property rights of others, and asks that everyone using the Sites do the same.  Anyone who believes that their work has been reproduced on the Sites in a way that constitutes copyright infringement may notify THE MOUNTAINEERS’ copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

Identification of the copyrighted work that you claim has been infringed;

a. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Sites so that the copyright agent can locate it;

b. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

c. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

If by Mail:

THE MOUNTAINEERS
7700 Sand Point Way NE
Seattle, WA 98115
Attention: Copyright Agent

If by Email: 

5. Trademarks

THE MOUNTAINEERS logos, names,product packaging, service names, slogans, and other identifiers that may appear on the Sites are trademarks or registered trademarks of THE MOUNTAINEERS and its subsidiaries and may not be copied, imitated, or used, in whole or in part, without the prior written permission of THE MOUNTAINEERS. You may not use any metatags or any other "hidden text" utilizing "THE MOUNTAINEERS" or any other name, trademark or product or service name of THE MOUNTAINEERS without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of THE MOUNTAINEERS and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by THE MOUNTAINEERS.

If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).

6. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray THE MOUNTAINEERS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use THE MOUNTAINEERS logo or other proprietary graphic of THE MOUNTAINEERS to link to the Sites without the express written permission of THE MOUNTAINEERS. Further, you may not use, frame or utilize framing techniques to enclose any THE MOUNTAINEERS trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without THE MOUNTAINEERS's express written consent.

THE MOUNTAINEERS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of THE MOUNTAINEERS and THE MOUNTAINEERS is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. THE MOUNTAINEERS provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by THE MOUNTAINEERS of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

7. User Content and Interactive Features or Areas

The Sites may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your mountaineers.org account information (also known as "Your Profile) or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to THE MOUNTAINEERS or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that does not clearly and prominently disclose any material connections you may have to THE MOUNTAINEERS or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
  • User Content that, in the sole judgment of THE MOUNTAINEERS, restricts or inhibits any other person from using or enjoying the Sites or which may expose THE MOUNTAINEERS or its users to any harm or liability of any type.

THE MOUNTAINEERS takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is THE MOUNTAINEERS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. At the same time, THE MOUNTAINEERS encourages its users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Sites or, for content that infringes copyright or trademark rights, by following the instructions in Sections 4 and 5 of these Terms).  Except otherwise provided by law, enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although THE MOUNTAINEERS has no obligation to screen, edit or monitor any of the User Content posted on the Sites, THE MOUNTAINEERS reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect THE MOUNTAINEERS's systems and customers or to ensure the integrity and operation of THE MOUNTAINEERS's business and systems, THE MOUNTAINEERS may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content. THE MOUNTAINEERS's right to disclose any such information shall govern over any terms of THE MOUNTAINEERS's Privacy Policy.

8. Rights in User Content and Feedback

Except as otherwise provided herein, on the Sites or in a separate agreement (such as the rules of a photo contest sponsored by the THE MOUNTAINEERS), THE MOUNTAINEERS claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant THE MOUNTAINEERS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. We may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to THE MOUNTAINEERS that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, our Site Rules, any other applicable THE MOUNTAINEERS terms, guidelines or policies or any applicable law, rule or regulation.

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Sites, THE MOUNTAINEERS or THE MOUNTAINEERS's products or services that are provided by you, whether by email, posting to the Sites or otherwise ("Feedback"), are non-confidential and shall become the sole property of THE MOUNTAINEERS. THE MOUNTAINEERS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

9. Product Reviews

We may provide specific opportunities for you to tell THE MOUNTAINEERS and other THE MOUNTAINEERS members or users what you think about our products or services.   If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and THE MOUNTAINEERS does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party's website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews.

10. User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by our Site Rules and not to:

  • Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
  • Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another's account without authorization from THE MOUNTAINEERS;
  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • Develop any third-party applications that interact with User Content and our Sites; or
  • "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

THE MOUNTAINEERS is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is THE MOUNTAINEERS responsible or liable for any associated loss, damage, injury or harm. Although THE MOUNTAINEERS has no obligation to monitor any user conduct on the Sites, THE MOUNTAINEERS reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. THE MOUNTAINEERS does not approve or endorse any user-posted meetings or events referenced on the Sites and THE MOUNTAINEERS recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.

11. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

12. Indemnification

You agree to defend, indemnify and hold harmless THE MOUNTAINEERS, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

13. Disclaimer

Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. THE MOUNTAINEERS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE MOUNTAINEERS does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. THE MOUNTAINEERS does not represent or warrant that the Sites or its servers are free of viruses or other harmful components.

IN ADDITION, THE MOUNTAINEERS DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING THE MOUNTAINEERS VIDEOS AND "EXPERT ADVICE" ARTICLES. This Site Content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

14. Limitation of Liability

IN NO EVENT SHALL THE MOUNTAINEERS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE MOUNTAINEERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE MOUNTAINEERS'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOUNTAINEERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE MOUNTAINEERS FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

15. Modifications to Site

THE MOUNTAINEERS reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that THE MOUNTAINEERS will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

16. Applicable Law and Venue

These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms, your use of the Sites, or your use of the Complete Site shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts over any suit, action, or proceeding arising out of or relating to these Terms, your use of the Sites, or your use of the Complete Site.

17. Termination

Notwithstanding any of these Terms, THE MOUNTAINEERS reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.

18. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.