Terms of service

Terms of Use

Last updated: November 6, 2025

These Terms of Use (or “Terms”) are a binding contract between you and Metolius Mountain Products, Inc. dba Metolius Climbing (“Metolius,” “we,” “our,” or “us”) and, together with our Privacy Policy, govern your use of metoliusclimbing.com, our social media channels, and interactions with us via email or other means and your purchases made or orders placed with us (collectively, the “Services"). Any capitalized terms used in these Terms without defining them have the definitions given to them in our Privacy Policy. Additional and separate terms may apply to certain products or services, each of which will be considered to form part of these Terms. Section headings and bullet summaries are for the convenience of the parties and do not affect the meaning or interpretation of the agreement.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND METOLIUS.

If you have any questions about our Services or these Terms, please contact us at info@metoliusclimbing.com.

Please note that these Terms of Use do not apply to activities of independent distributors that work with Metolius. Independent distributors and resellers of our products may have their own terms and conditions applicable to your purchase from that distributor. Please direct any questions about purchases from these distributors and resellers to those companies.

  1. Eligibility and Acceptance

To use the Services, you must be at least 18 years of age and located in a jurisdiction where the Services are permitted by law. If you access the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity and yourself to these Terms. By clicking to accept or agree to the Terms where this option is made available to you, or by accessing or using the Services in any manner, you expressly accept all the provisions of these Terms and represent to us that you are legally competent to enter and agree to these Terms. If you do not accept all aspects of these Terms, then you may not use the Services. These Terms will remain in effect as long as you use the Services. If you do not agree with any of these Terms, do not access or use the Services. You acknowledge and agree that we may make changes to the Services or to these Terms at any time and that you will be bound by such changes if you continue to use the Services.

  1. Registration and Account

You have the option to create an account on our website (your “Account’). You agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update your information as needed. You are responsible for maintaining the confidentiality of your login credentials and you are responsible for all activities that occur on your Account and via the Services. You agree to immediately notify Metolius of any unauthorized access to your Account or any other breach of security by emailing info@metoliusclimbing.com. All Personal Information you submit through the Services is governed by our Privacy Policy. Metolius is not liable for any loss or damage caused by your failure to maintain the confidentiality of your credentials or your choice to share any data associated with your Account with others. Metolius expressly disclaims any liability associated with any activities that occur in connection with your Account.


  1. Privacy Policy

You confirm that you have reviewed and consent to the privacy practices described in our Privacy Policy, and you agree that Metolius may provide your information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.

  1. Products
    1. Descriptions. Metolius strives to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Services that contains typographical errors, inaccuracies, or omissions, and they may relate to product descriptions, pricing, promotions, offers and/or availability. Certain products displayed on the Services may have limited quantities and may not always be available. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time and without prior notice (including after you have submitted an order), at our sole discretion. Availability information on the Services is based on end-of-day inventory of the previous business day. Availability is subject to change at any time. Metolius makes no representations or warranties regarding the accuracy of this data. Product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
    2. Display. We strive to display the colors of our products as accurately as possible, but we cannot guarantee that your device's display of these colors will always be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
    3. Suitability. Many states and localities have regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Metolius attempts to assure that its products comply with such regulations, it cannot guarantee compliance and cannot be responsible for how the product is installed or used. You are responsible for ensuring that the product you purchase complies with application regulations for your purchase and use.
    4. Orders. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases and orders. By placing an order, you represent that the products ordered will be used only in accordance with applicable law and only for your own personal or household use and not for commercial resale or export. When you place an order, you are making an offer to purchase. Metolius Climbing reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Metolius Climbing receives payment in full and confirms acceptance. Offers for sale of products and/or use of services are void where prohibited. Metolius's acceptance of any order is subject to your assent to all of the terms and conditions set forth in Metolius's acknowledgment, and your assent to these terms and conditions shall be presumed from your receipt of Metolius’ acknowledgment, or from your acceptance of all or any part of the product(s) ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon Metolius unless agreed to by us in writing. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors, and to cease doing business with such customers, with no further notice.
    5. Terms of Sale. Products purchased or received from Metolius may be governed by separate terms of sale provided at the time of purchase, which may include terms and conditions such as return policy and warranty information. All orders placed are subject to Metolius’s acceptance. We may accept, decline, or place limits on your order for any reason.
    6. Pricing. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Prices, discounts, and promotions are quoted in U.S. Dollars and subject to change without notice.
    7. Payments. Metolius uses Shopify to process online orders. Your order is placed with Metolius, not Shopify, and you understand that Shopify is not responsible for your order. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Metolius. All prices and fees are quoted in United States dollars. We reserve the right to adjust our prices or fees in any manner and at any time.

Payments for orders are processed by a third-part PCI DSS compliant payment processor. Metolius does not collect, process, or store your payment information. If you place an order with us online, you expressly agree that we may charge your payment method for all amounts you incur along with any sales and use taxes. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others.

    1. Shipping and Delivery. Metolius is not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
    2. Limited Warranty. Metolius products are provided with the limited warranty described on our website. No other warranty or affirmation of fact is made or authorized by Metolius.
    3. Returns/Repairs. Metolius cannot accept returns for any life safety equipment. For all other returns or repairs, please follow the instructions on our website. Metolius will honor returns or repairs of products for defects or workmanship issues on a case-by-case basis as determined in our sole discretion.
    4. Disclaimers. Metolius expressly disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, and any description does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Without limiting the foregoing, Metolius makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. You agree that you have read and understand the Disclaimers posted to our website.
    5. Third-Party Manufacturers' Products. Metolius may carry products manufactured by a third party and may furnish sales brochures and other literature of the manufacturer for such products; Metolius assumes no responsibility for the content of such warranties or sales literature by performing this service. Third-party products sold by Metolius may be warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. Please contact the manufacturer to request a copy of a third-party warranty.
  1. Metolius Chat

Our chat feature is available at metoliusclimbing.com to respond to your questions and prompts using artificial intelligence. You may interact with our chat feature through prompts and other data inputs (your “Inputs”), and you will receive outputs generated and returned based on your Inputs and the data used to train chat feature and its underlying technology (“Outputs”). Our chat feature is provided for your personal or internal business use only. You understand that artificial intelligence is experimental technology. Metolius makes no representations whatsoever as to Outputs, including without limitation legality, distinctiveness, accuracy, completeness, consistency, or ability to be protected under intellectual property laws. It is your responsibility to evaluate Outputs for your own use. If you rely on Outputs, you do so at your own risk.

Do not include Personal Information or sensitive data in your Inputs. You will not use the intellectual property of any person or entity as Inputs unless you have license or other permission to do so. Outputs may not accurately reflect facts or may be unreliable. You are responsible for verifying the facts presented in Outputs and using human review before using or sharing Outputs. You must not use Outputs for any purpose that could have a legal or material impact on a person. Outputs do not represent Metolius’s views.

  1. Consent to Communications

By providing your wireless phone number, you consent to Metolius sending you informational text messages related to your use of the Services and the information you request from us. The number of texts we send you will be based on your circumstances and requests. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

You may also receive service notifications, alerts, emails, or other communications via our online channels related to your use of the Services. You agree to the receipt of these communications to use the Services, and you will not be able to opt out from receiving these messages. Metolius may also send you marketing communications by email, mail, or other methods if you opt in to receive those messages. You can opt out of future marketing emails by following the link and instructions provided at the bottom of our marketing emails.

  1. Availability and Updates

Metolius will use commercially reasonable efforts to maintain availability of the Site. Metolius is not liable for any delays, interruptions, or other transmission errors resulting from any lack of service access or caused by your device or your internet or wireless service provider. You agree and understand that there will be times when the Site will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other users; and causes beyond our reasonable control. Metolius is committed to providing a stable, predictable Internet environment and the best service possible for our customers.

  1. Services Ownership; License Grant

The Services are owned by Metolius or its distributors or licensors, and are protected under intellectual property, copyright, trademark, and other laws. For clarity, the Services include, without limitation, content, including all trademarks and logos (our “Marks”), information, text, graphics, copy, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, and all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how, and any other intellectual property rights therein), are owned by Metolius or its distributors or licensors. Additionally, all improvements, updates, modifications, or enhancements to the Services, whether made, created, or developed by Metolius or otherwise, relating to the Services, are and will remain the property of Metolius. You agree not to take any action(s) inconsistent with Metolius’ ownership interests in the Services. You acknowledge and expressly agree that (i) you have no right, title or interest in or to our Marks and (ii) your use of the Services, including your provisions of any feedback regarding the Services and any proposed Revisions to the Services, does not and will not grant you any ownership interest in any aspect of the Services. You covenant and agree that you will take no action to register or otherwise interfere with Metolius’s intellectual property rights as provided hereunder.

Subject to your compliance with these Terms, Metolius hereby grants you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Services for your personal, non-commercial use only, and subject to the limitations set forth in these Terms. The Services are licensed to you, not sold. You do not acquire any rights in or to the Services hereunder except as expressly provided by this limited license grant. Metolius reserves all rights not expressly granted to you pursuant to these Terms.

You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to these Terms and to use the Services; (b) you will only use the Services in compliance with the laws and regulations of the state and local jurisdictions in which you access the Services; (c) you will not use the Services for sending or storing any materials prohibited by applicable law or for fraudulent purposes or to engage in any offensive, indecent, or objectionable conduct, or otherwise use the Services in any inappropriate manner, as determined by Metolius in our sole discretion; (d) you will not use the Services to advertise, solicit, or transmit commercial advertisements, including “spam”; (e) you will not use the Services to cause any inappropriate manner, as determined by Metolius in our sole discretion; (f) you will not use the Services to cause nuisance, annoyance, or inconvenience, or in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, as determined by Metolius in our sole discretion; (g) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; and (h) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request. Further, except as specifically permitted in these Terms, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share, or otherwise exploit the Services in any unauthorized manner; (ii) use the Services in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port, or otherwise modify the Services or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Services; (v) remove or alter any copyright or other proprietary rights' notice or restrictive rights legend contained or included in the Services; (vi) decompile, disassemble, reverse compile, reverse assemble, reverse translate, or otherwise reverse engineer any part of the Services, or any part thereof; (vii) use any means to discover the source code of any portion of the Services; (viii) otherwise circumvent any functionality that controls access to or otherwise protects the Services; or (ix) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Metolius and its distributors or licensors. If you breach these restrictions, you may be subject to damages.

  1. Your Content

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. You own any Feedback, information, or content, including but not limited to photos, videos, audio, or comments regarding products or the Services (collectively, "Your Content") that you submit, post, link, share, or otherwise make available to Metolius. In addition to your license grant to us for your Feedback, as a condition of your use of the Services, you hereby grant to Metolius a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify, adapt, and create derivative work from any and all of Your Content, and to publicly associate such Your Content with you. By posting or submitting Your Content to Metolius, you represent and warrant: (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms or our Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, including in any forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES AND YOU AGREE THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY ON ACCOUNT OF SUCH REMOVAL.

  1. DMCA Notice

If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded, or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our Copyright Agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the "DMCA”) by providing the following information in writing: (a) identification of the copyrighted work(s) that is claimed to be infringed; (b) identification of the allegedly infringing material that is requested to be removed and information reasonably sufficient to permit us to locate the material, including a description of where it is located on the Services; (c) information for our copyright agent that is reasonably sufficient to contact you, such as an address, telephone number, and e-mail address; (d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent to our copyright agent at info@metoliusclimbing.com or to Metolius Mountain Products, Inc. Attn: Legal, 20469 Brandis Court Bend, Oregon 97701 USA.

When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Services, email to the user's address in our records, or written communication sent by first-class mail to the user's physical address in our records. A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To be effective, the counter-notification must be a written communication that includes the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. When we receive a counter-notification, we may reinstate the posts or material in question in our sole discretion. Please note that you may be liable for damages if you materially misrepresent that content, or if an activity is not infringing the copyrights of others.

  1. Right to Refuse Services

Metolius reserves the right to refuse service, terminate Accounts, or cancel or modify orders in our sole discretion and shall have no liability to you other than refunding your order, if applicable. Without limiting the foregoing, 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 Account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made. Additionally, we may change, restrict access to, suspend, or discontinue the Services, or any portion of the Services, at any time and at our sole discretion, with or without notice. You understand, acknowledge and agree that Metolius will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services.

  1. Term and Termination

These Terms begin on the date you first access the Services or click to “Accept” these Terms and continue until terminated as provided herein. You may terminate these Terms at any time by discontinuing all use of the Services and deleting your Account. Metolius may terminate your use of the Services and these Terms at any time and for any reason. You agree that all terminations shall be made in our sole discretion and that Metolius shall not be liable to you or any third party for any termination of your account or access to the Services. Upon termination of these Terms (a) the rights and licenses granted to you herein shall terminate as to the terminated rights; (b) you shall cease all use of the Services that have been terminated; and (c) Metolius may at its own discretion remove and/or purge data, account information, and any other information obtained by us in connection with providing you the Services. Termination will not limit any of our other rights or remedies at law or in equity. If we delete your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect after and despite any termination of these Terms.

  1. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM METOLIUS. You agree that any dispute, controversy or claim between you and Metolius arising out of or relating to any matter (“Dispute”) will be governed by the procedure in this section. YOU WAIVE THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. Other rights that you or we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

  1. Informal Dispute Resolution. Before filing a claim against Metolius, you agree to try to resolve the Dispute informally by contacting info@metoliusclimbing.com. Metolius will contact you by email as part of a good-faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Metolius may bring a formal proceeding.
  2. Class Action Waiver. You may only resolve Disputes with Metolius on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
  3. Arbitration Agreement. You and Metolius each agree to resolve any Disputes through final and binding arbitration administered by Arbitration Services of Portland (“ASP”) under its rules then in effect before one arbitrator to be mutually agreed upon by both parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitration will be held in Portland, Oregon, United States, or any other location we agree to. The ASP rules will govern the payment of all arbitration fees. Notwithstanding the foregoing, in lieu of arbitration either party may (i) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (ii) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
  4. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
  1. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 4(I), THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND METOLIUS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, METOLIUS DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (C) THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY PARTICULAR SYSTEM OR DEVICE; OR (D) DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED. FURTHER, METOLIUS DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS, OR SERVICES OBTAINED BY YOU THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING ANY PRODUCTS OR GOODS ORDERED VIA THE SERVICES, REMAINS SOLELY WITH YOU. FURTHER, WE DO NOT ENDORSE AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE, OR STATEMENT ON THE SERVICES. UNDER NO CIRCUMSTANCES WILL METOLIUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SERVICES. Some jurisdictions do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

  1. Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL METOLIUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE, OR INCOME, OR FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR RELATED TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY CONTENT OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THE GOODS OR SERVICES AVAILABLE THEREON. Any liability for consequential and incidental damages is expressly disclaimed. Metolius's liability in all events is limited to, and shall not exceed, the purchase price paid or one hundred dollars USD ($100), whichever is less. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.

  1. Indemnity

You agree that you shall defend, indemnify, and hold Metolius, its distributors or licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation of any Applicable Laws; (b) your violation of any rights of any third party; (c) your negligence or willful misconduct; or (d) your misuse of the Services or breach of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

  1. General Terms
    1. Relationship of Parties. The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties.
    2. Geographic Restrictions. Metolius is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to the Services may not be legal or available to certain persons or in certain jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
    3. Notice. Any notice sent pursuant to these Terms shall be sent: (1) to Metolius by electronic mail to info@metoliusclimbing.com and by first-class or certified mail to Metolius Mountain Products, Inc. dba Metolius Climbing, 20469 Brandis Court, Bend, Oregon 97701 USA; or (2) to you by first class or certified mail to the physical address we have on file for you (if any) and/or by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
    4. Governing Law; Venue. Except as otherwise required by applicable law, these Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles. The Federal Arbitration Act, Oregon state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a federal or state court located in Bend, Oregon and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
    5. Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Metolius may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null.
    6. Entire Agreement. The terms and conditions in Metolius forms, acknowledgments, quotations, invoices, terms of sale, and catalog sales terms and conditions are incorporated herein by reference. Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Metolius and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between Metolius and you regarding the Services. Metolius reserves the right to amend these Terms of Use at any time by updating this posting without prior notice. Your continued use of the Services following the posting of an updated Terms of Use constitutes your acceptance of such amendments.
    7. Interpretation. In these Terms, the words "include," "includes," and "including" are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms.
    8. Enforcement. Metolius reserves the right (but is not required) to remove or disable your access to the Services or login credentials or remove any of the Services or your User Content at any time and without notice and at our sole discretion if we determine that your use of the Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our products or services, and in response may take any action we may deem appropriate.
    9. Injunctive Relief. You agree that a breach of these Terms may cause irreparable injury to Metolius for which monetary damages would not be an adequate remedy, and Metolius shall be entitled to equitable relief in addition to any remedies it may have under these Terms or at law without a bond, other security, or proof of damages.
    10. Waiver; Severability. Metolius’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
    11. External Websites. The Services may contain links to other websites, products, and services (collectively, "External Services"). We are not responsible for the availability of these External Services, nor do we necessarily endorse the activities of External Services. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any External Services.
  1. Consent to Electronic Signature & Communications

By using the Services, clicking to “Accept” these Terms, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (a) our communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at info@metoliusclimbing.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

YOU ACCEPT THESE TERMS BY CLICKING TO ACCEPT WHERE THAT OPTION IS MADE AVAILABLE TO YOU OR BY SIMPLY USING THE SERVICES IN ANY MANNER.

Metolius Climbing

Customer Service Business hours: Mon-Fri 8am - 4pm (Pacific Standard Time)

info@metoliusclimbing.com

(541) 382-7585

20469 Brandis Court, Bend, Oregon 97701, USA

BUSINESS REGISTRATION NUMBER 20634614