Terms of Service
Terms of Use
By shopping at or visiting the MammothBikesandSkis.com (the "Site"), you accept the following terms and conditions. The following are the rules that govern your use of this Site (the "Agreement"), read them carefully. Your use of this Site constitutes your agreement to follow and be bound by this Agreement. If you do not agree to these terms, then do not use this Site.
The use of any part of this Site, including the "bookmarking" of any particular portion of this Site, binds you to the terms. Since MammothBikesandSkis.com reserves the right to revise this Agreement at any time, as such we suggest you visiting this page periodically to review the terms of your use.
Copyright
Site Contents
All contents (the "Contents") included on MammothBikesandSkis.com, including its' blog, Facebook page, and the like including, but not limited to, written text, videos, digital images, photos, text, graphics, logos, button icons, audio clips, digital downloads, data compilations, software, and intellectual property (the "Contents") is the property of the owners of MammothBikesandSkis.com or its content suppliers and protected by United States and international copyright and trademark laws. All written, audio and visual contents on this site as well as associated articles and videos published on associated websites is the exclusive property of the owners of MammothBikesandSkis.com and protected by U.S. and international copyright and trademark laws. All software used on this site is the property of the owners of MammothBikesandSkis.com or its software suppliers and protected by United States and international copyright laws. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by MammothBikesandSkis.com. MammothBikesandSkis.com and other trademarks appearing at this Site are the trademarks of MammothBikesandSkis.com.
MammothBikesandSkis.com does not guarantee that there are no errors, inaccuracies or omissions on the Site. When discovered MammothBikesandSkis.com reserves the right to correct the errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability or other information at any time without prior notice, including after you have placed your order. This may cause you inconvenience but it is not intentional. See our Return Policy if you are not satisfied with your order.
Contents of this Site may not be reproduced, distributed, published, displayed, modified, or transmitted. The Contents of the Site are intended solely for personal, non-commercial use. Downloading of videos or copying or downloading of other material or software found on the Site or associated articles is for personal use only but downloading or copying does not grant you right, title or interest to such material. It is prohibited to create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
Disclaimer of Product Availability, Indemnification, Warranties and Limitation of Liability.
All of the inventory depicted on MammothBikesandSkis.com are in stock at our store in Mammoth Lakes, California or in our offsite warehouse, unless listed as "Arriving Soon" or "Out of Stock" or similar text. Some inventory errors may occur, or the product may have been sold in our store and the inventory not updated in time to reflect real time inventory on the Site. In the case that the product is not available you will be contacted by phone and email and notified when the product will be in stock again. The Site provides an "as is" and "as available" inventory basis.
No warranties or representations of any kind are made, implied or expressed as to the operation of this Site, or contents, information, materials or products. The owners of MammothBikesandSkis.com or its parent store does not warrant that this site, its' servers, or email sent from this Site or its' associated Sites are free of viruses or other harmful components. You agree to use this Site at your sole risk. The MammothBikesandSkis.com or its parent store will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, punitive, incidental or consequential damages. To the full extent permissible by law, the owners of MammothBikesandSkis.com and its parent store disclaim all warranties, expressed or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose. If you live in a state where the laws do not allow limitations on implied warranties or exclusions of limitation of certain damages, then the disclaimer does not apply to you. MammothBikesandSkis.com and its parent store expressly disclaims any duty to update or revise the materials on this site, although MammothBikesandSkis.com may modify the materials at any time without notice.
You agree to defend, indemnify and hold MammothBikesandSkis.com and its parent store harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
User Comments, Feedback And Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to MammothBikesandSkis.com or its' Facebook page on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of MammothBikesandSkis.com. Such disclosure, submission or offer of any Comments shall constitute an assignment to MammothBikesandSkis.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MammothBikesandSkis.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MammothBikesandSkis.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that Comments submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you to the Site will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Colors
Colors may vary from actual color to what is seen on your computer monitor, or hand held device. We cannot guarantee that the color seen on your screen is the actual exact color. We make every effort to display as accurately as possible the colors of the products appearing on the Site but cannot guarantee the exact color. If you are not satisfied with the product, see our Return Policy.
Links To Other Sites And Services
This Site may contain links to other web sites that are not under the control of MammothBikesandSkis.com. Links are to provide information to the users of this Site, but MammothBikesandSkis.com has no responsibility for the linked web sites nor does it necessarily endorse the linked web sites.
Other
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting MammothBikesandSkis.com's products and services available in the United States and Canada. This Site is controlled and operated by Brian’s Bicycles and Cross Country Skis from its office in Mammoth Lakes, California.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California and in the Mono County.
Termination
These terms are effective unless and until terminated by either you or MammothBikesandSkis.com. You may terminate this Agreement at any time. MammothBikesandSkis.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly block or deny you access to the Site or its related Sites, if in MammothBikesandSkis.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or MammothBikesandSkis.com, you must destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise within 24 hours of the Notice of Termination.