Terms and Conditions
By using SevenPeaks.com, you agree to these conditions. Please read them carefully.
Welcome to the Seven Peaks web sites, which include, but are not limited to the domains sevenpeaks.com and passofallpasses.com (the “Sites”). The Sites are provided as a service to our customers. Seven Peaks may at any time modify or discontinue any part of the Site or offer opportunities to some or all Site users. Please review the following terms and conditions of use, which govern your use of the Sites (the “Agreement”).
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you use any of the Sites’ services, such as sending e-mails to us or submitting forms, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included in or made available through any of the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is our property or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Sites our exclusive property and is protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Sites are our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites. We are not responsible for and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site do not constitute an endorsement by us of such third party sites. Your use of third party websites and resources is at your own risk.
LICENSE AND ACCESS
Subject to your compliance with this Agreement and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sites. This license does not include any resale or commercial use of any of the Sites, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the Sites 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. All rights not expressly granted to you in this Agreement are reserved and retained by us or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of any of the Sites, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Sites. You may use the Sites only as permitted by law. The licenses granted by us terminate if you do not comply with this Agreement.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do not sell products for children. If you are under 18, you may use the Sites only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We reserve the right to refuse any order you placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RETURNS AND REFUNDS
Please review our Returns and Refunds Policy which also governs your use of the Sites, to understand our practices.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, you agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), you shall first try in good faith to settle such Dispute by providing written notice to us (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing us 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at
Seven Peaks Legal Department, 3214 North University Ave. Suite 615, Provo, UT 84604, Attn: General Counsel.
You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against us.
By using the Sites, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.
3214 North University Ave. Ste. 615
Provo, UT 84604