Ascent Backcountry Snow Journal, LLC (“Ascent” or “our” or “we”) maintains this website (the “Site”) for your personal information, and communication. Please feel free to browse the Site, but please read these terms of use (“Terms of Use”) before doing so. Information in the Site is subject to change without notice. BY USING AND/OR ACCESSING ANY PART OF THE SITE, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, THEN YOU MUST NOT USE THE SITE. As a condition of your use of the Site, you represent and warrant to Ascent that you will not use the Site or any Materials for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

References in these Terms of Use to “you” or “your” refer to you, the person requesting access to and use of the Site.

1. Limited License.

You are granted a limited, nonexclusive, nontransferable license to access the Site and its material in accordance with these Terms of Use. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States but contains some general information that is appropriate for global access and use. Information regarding Ascent’s site is applicable only in the United States unless otherwise noted. Ascent makes no representation that the material, materials, designs, text and images (collectively, the “Materials”) included in the Site are appropriate or available for use in countries other than the United States. Those who do access the Site from other countries are solely responsible for compliance with local laws of that country, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.

We reserve the right to refuse access to the Site in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site.

ASCENT MAY MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE IS PROVIDED “AS IS.” YOU MAY RELY ON THIS SITE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES.

2. Security.

You agree not to violate or attempt to violate the security of this Site including without limitation: (1) accessing data that is not intended for your use; (2) logging on to a server or account that you are not authorized to access; (3) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (4) breaching security or authentication measures without proper authorization; (5) interfering with the Site to any host, network, other user, including without limitation sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products or sites; or (6) attempting to do any of the preceding.

3. No Warranty.

WE DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SITE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.

4. Intellectual Property.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use Ascent® or any other trademark displayed on the Site. All trademarks, product names, company names, logos, site marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. Using any of our materials for a commercial purpose – without our express written consent – violates our legal rights and other proprietary rights.

You should assume that all Materials contained on the Site are copyrighted and may not be used except as provided in these Terms of Use. Ascent neither warrants nor represents that your use of the Materials will not infringe rights of third parties not affiliated with Ascent. You may download one copy of the Materials to one computer for your personal and non-commercial home use provided you do not change any copyright, trademark, or other proprietary notice. If you modify or use the Materials for any other purpose, you will be violating the intellectual property rights of Ascent. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Ascent and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.

You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, e-mail, sell, or otherwise distribute Material available through the Site including code and software, in violation of applicable copyright and other intellectual property laws. You agree not to use, display or “mirror” any of the material on this Site in any manner without first obtaining permission from Ascent. You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. The Site may provide you with an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Ascent through the Site or otherwise will be treated as non-confidential and non-proprietary. Anything you submit, transmit, or post becomes the property of Ascent and Ascent is free to use any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you. YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE MATERIAL WHICH YOU SUBMIT AND THAT THE MATERIAL DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE MATERIAL OR ANY PARTS OF THE MATERIAL. You further agree that you will not: (1) Impersonate any person, entity, corporation, or government, or falsely state your association with said person or entity; (2) Disguise the origin of any material transmitted through the site; (3) Upload, post, e-mail or otherwise transmit any material that you do not have right to transmit under any law or any contractual or fiduciary relationships; (4) Upload, post, e-mail, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (5) Upload, post, e-mail, or otherwise transmit any material that contains software or other electronic viruses of any kind, or any computer code, files, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware, servers, networks or telecommunications equipment or hardware or telecom equipment; (6) Upload, download, post, e-mail or otherwise transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (7) Upload, download, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation. If you or anyone you know is “spammed” by someone who is selling or describing Ascent’s products or sites, please contact us promptly so that we may take appropriate action; (8) Act in any way that would negatively affect other users’ ability to engage in real time exchanges; (9) Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

The Site may contain links to other websites, material or resources. These linked Sites are not under the control of Ascent and Ascent is not responsible for the material of any linked Site or any link contained in a linked Site, or any changes or updates to such Sites. Ascent reserves the right to terminate any link or linking program at any time. Ascent is providing these links to you only as a convenience and does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party Sites linked to this Site, you do so at your own risk and further acknowledge and agree that Ascent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such material, goods or sites available on or through any such site or resource. We do not endorse or accept any responsibility for the material, or accessibility of resources available on, any affiliate web site including warranties of merchantability or fitness of purpose. We suggest that you carefully review the terms of use of each affiliate site you choose to access from our Site. Unless expressly stated, Ascent does not endorse any products or sites offered by any company or person linked to its Site.

5. Communication.

You acknowledge that Ascent does not pre-screen print-on-demand submitted Material, but that Ascent and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Material that is available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material.

You understand that the technical processing and operation of the Site, including your Material, may involve: (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connection networks or devices. Ascent takes no responsibility and assumes no liability for any Material uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter.

6. No Liability.

While we use reasonable efforts to include accurate and current information on our Site, data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or material at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section of the Site and we’ll verify it for you.

You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. It is up to you to take precautions to ensure that whatever Materials you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

NEITHER ASCENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR BROWSING THE SITE, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF WE ARE ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. The foregoing limitation of liability shall apply to the maximum extent permitted by law. Everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either express or implied. Your sole recourse and remedy is to receive a refund for prepaid but unused items, if applicable. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

You agree to indemnify and hold Ascent, its parents, subsidiaries, affiliates, officers, partners, owners and employees harmless from any claim or demand including reasonable attorneys’ fees, expert witness fees, and costs of litigation, made by any third party due to or arising out of your use of the Site, use of your account by any third party, the violation of the terms and conditions of usage by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

8. Jurisdiction.

This Site is controlled by Ascent from its offices in the State of Utah, United States of America. You may not use or export any materials of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site material shall be governed by the laws of the State of Utah without regard to its conflict of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Salt Lake County, Utah, USA. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.

9. Enforceability.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

10. Waiver.

Any failure by Ascent to enforce any of its rights under these Terms of Use or under applicable law shall not constitute a waiver of such rights. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

11. Revision Of Terms.

Ascent may, at any time, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site. We reserve the right, in our sole discretion, to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms of Use have changed. Continued use of the Site after any changes to the Terms of Use constitutes your consent to such changes.

12. Entire Agreement.

These Terms of Use set forth the entire understanding and agreement between you and Ascent with respect to the Site. You acknowledge that any other agreements between you and Ascent with respect to the Site are superseded and of no force or effect.

Last Updated: August 7, 2014

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