Terms of Service – MTNTOUGH

Overview

Welcome to MTNTOUGH! The terms “we,” “us,” and “our” refer to MTNTOUGH. MTNTOUGH operates this website and store, including all related information, content, features, tools, products, and services (collectively, the “Services”), to provide you with a curated shopping experience. MTNTOUGH is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with any policies referenced herein (the “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 – Access and Account

By using our Services, you represent that you are at least the age of majority in your state or province and that you consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide certain information, such as your email, billing, payment, and shipping information. You represent and warrant that all information provided is accurate, current, and complete and that you have all necessary rights to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity under your account. Accounts may not be transferred, sold, assigned, or licensed to any other person.

SECTION 2 – Our Products

We strive to provide accurate representations of our products. However, colors and appearances may vary depending on your device. We do not guarantee that the appearance or quality of products will meet your expectations or match online depictions.

Product descriptions, availability, and pricing may change at any time without notice. We reserve the right to limit quantities or discontinue products at our discretion.

SECTION 3 – Orders

Placing an order constitutes an offer to purchase. MTNTOUGH reserves the right to accept or decline orders at our discretion. Orders are not confirmed until payment is processed and acceptance is communicated.

Please review your order carefully. Once accepted, we may be unable to accommodate cancellation requests. Your purchases are subject to our Refund Policy. Orders must be for personal use only and not for commercial resale or export.

SECTION 4 – Prices and Billing

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time of order. Unless stated otherwise, prices do not include taxes, shipping, customs, or import charges.

You agree to provide accurate and up-to-date payment information and to promptly update your account for any changes. You represent and warrant that you are authorized to use the payment method provided and that all charges will be honored.

SECTION 5 – Shipping, Delivery, and Lost or Damaged Packages

Delivery times are estimates and not guaranteed. MTNTOUGH is not responsible for delays caused by carriers, customs, or events outside our control. Once a product is transferred to the carrier, title and risk of loss pass to you.

MTNTOUGH is not responsible for lost or stolen packages. If your order is lost in transit or arrives damaged, we suggest contacting the carrier directly to resolve the issue. Please also contact us at support@mtntough.com, and we will assist as needed to help ensure your satisfaction.

SECTION 6 – Intellectual Property

All content on our Services, including trademarks, designs, text, graphics, images, and media, is owned by MTNTOUGH, its affiliates, or licensors and is protected by intellectual property laws.

Use of the Services is limited to personal, non-commercial purposes. You may not reproduce, distribute, or create derivative works without written consent. Unauthorized use may violate U.S. and international laws.

SECTION 7 – Optional Tools

Third-party tools provided through the Services are offered “as is” and at your own risk. MTNTOUGH has no control over, or liability for, such tools. Use of these tools is subject to the provider’s terms and conditions.

SECTION 8 – Third-Party Links

The Services may contain links to third-party websites. We do not control or endorse these sites and are not responsible for their content, accuracy, or any transactions conducted through them. Use third-party websites at your own risk.

SECTION 9 – Relationship with Shopify

MTNTOUGH is powered by Shopify. Any sales made through the Services are directly between you and MTNTOUGH. Shopify is not responsible for any aspect of purchases, including loss, damage, or disputes. You release Shopify from any claims related to your transactions with MTNTOUGH.

SECTION 10 – Privacy Policy

Personal information collected through the Services is subject to our Privacy Policy and, when applicable, Shopify’s Privacy Policy. By using the Services, you consent to the collection, processing, and sharing of your information as described in these policies.

SECTION 11 – Feedback

By submitting feedback, you grant MTNTOUGH a perpetual, worldwide, royalty-free license to use and modify such feedback. You represent that you have rights to the feedback and that it complies with these Terms. MTNTOUGH is not obligated to maintain confidentiality, provide compensation, or respond to feedback.

SECTION 12 – Errors, Inaccuracies, and Omissions

Information on the Services may contain errors or inaccuracies. MTNTOUGH reserves the right to correct or update information and to cancel orders if necessary, even after submission.

SECTION 13 – Prohibited Uses

You may only use the Services for lawful purposes. Prohibited activities include, but are not limited to: violating laws, infringing intellectual property, transmitting harmful content, impersonating others, sending spam, or interfering with the Services’ operation. Violations may result in account suspension or termination.

SECTION 14 – Termination

MTNTOUGH may terminate your access at any time without notice. You remain liable for any amounts due up to the date of termination. Certain sections (e.g., Intellectual Property, Limitation of Liability) survive termination.

SECTION 15 – Disclaimer of Warranties

Services and products are provided “as is” and “as available” without warranties of any kind. MTNTOUGH does not guarantee uninterrupted or error-free access. Some jurisdictions may not allow disclaimers of implied warranties.

SECTION 16 – Limitation of Liability

MTNTOUGH, its affiliates, and Shopify are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Services or products, including lost profits or data.

SECTION 17 – Indemnification

You agree to indemnify MTNTOUGH, Shopify, and related parties from claims arising from your breach of these Terms, violation of law, or use of the Services. MTNTOUGH may control the defense at its expense but requires your cooperation.

SECTION 18 – Severability

If any provision is unenforceable, it will be severed, and the remaining provisions remain in effect.

SECTION 19 – Waiver; Entire Agreement

Failure to enforce a term does not constitute a waiver. These Terms, together with our policies, constitute the entire agreement between you and MTNTOUGH.

SECTION 20 – Assignment

You may not transfer your rights without our consent. MTNTOUGH may assign its rights and obligations without notice.

SECTION 21 – Governing Law

These Terms are governed by the laws of Montana, and you consent to jurisdiction in Montana courts.

SECTION 22 – Headings

Headings are for convenience and do not affect interpretation.

SECTION 23 – Changes to Terms of Service

MTNTOUGH may update these Terms at any time. Your continued use constitutes acceptance of changes.

SECTION 24 – Contact Information

Questions about these Terms may be sent to support@mtntough.com.

MTNTOUGH LLC
167 All West Trail, Unit A
Bozeman, MT 59718