Terms of Use | Backcountry

BACKCOUNTRY TERMS OF USE

Last Updated: July 10th, 2025

These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”), provided by Backcountry.com, LLC and its subsidiaries (“Backcountry” or “we”), including backcountry.com, steepandcheap.com, competitivecyclist.com, and motosport.com. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, you may not use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). For instance, your purchase and use of Backcountry gift cards is subject to our gift card terms and conditions. To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

1 Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.

2 User Accounts

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

3 Terms of Sale

Availability and Pricing. All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. Purchases are also subject to our price matching policy and sale items policy.
Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes. Please refer to our tax policy for important sales and use tax information regarding tax you may owe directly on items shipped to other jurisdictions.
Payment. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Returns. Please see our Return Policy for information about returning products purchased via our Services.
Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
Limited Warranty for Backcountry Products. Certain of the products sold via our Services are manufactured by or for Backcountry (“Backcountry Products”) and may be subject to a limited warranty provided by Backcountry. If your Backcountry Product is subject to a limited warranty, the limited warranty for your Backcountry Product outlines your exclusive remedies and the procedures to make a warranty claim. If your Backcountry Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” That means that you bear the entire risk as to the quality and performance of the Backcountry product, and if the Backcountry Product has a defect, then you assume the entire cost of any necessary repair or replacement.
Remedies for Other Products. Many of the products sold via the Services are manufactured by other companies. The manufacturer may offer its own warranty, but unless otherwise stated on the product page, Backcountry does not offer a warranty on those products. That means they are sold by Backcountry “as is” and “with all faults.” If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging. For any product sold via the Services other than a Backcountry Product, you agree that your remedy is solely with the product manufacturer and not Backcountry.

4 Limited License

Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Backcountry and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Backcountry and our licensors reserve all rights in and to our Services. Backcountry grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

5 User Content

Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Backcountry, you retain all rights in and to your User Content. You grant Backcountry a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

6 Prohibited Conduct

You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any applications that interact with our Services without our prior written consent;
Use any data mining, robots or other data gathering or extraction methods in connection with the Services;
Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
Use our Services in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.

7 Prohibited Content

You may not create, post, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without that third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Backcountry or others to any harm or liability of any type.

8 Hyperlinks

You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray Backcountry or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Backcountry logo or other proprietary graphic of Backcountry to link to our Services without our express written permission.

9 Third-Party Content

Backcountry may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Backcountry does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Backcountry does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.

10 Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Backcountry or our products or Services (collectively, “Feedback”), is non-confidential and Backcountry will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11 Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Backcountry’s Designated Agent as follows:

Designated Agent: Assistant General Counsel
Address: Backcountry.com LLC 1678 Redstone Center, Suite 210 Park City, UT 84098
Phone: 801-746-7580
Email: legal@backcountry.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Backcountry for certain costs and damages.

12 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Backcountry, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “Backcountry Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Backcountry Parties of any third-party Claims, cooperate with Backcountry Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Backcountry Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Backcountry Parties.

13 Disclaimers

We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk. Except as otherwise provided in these Terms (including any limited warranty applicable to a Backcountry Product), our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if Backcountry provides an express limited warranty for a Backcountry Product, the implied warranties are limited to the term of that limited warranty. In addition, Backcountry does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Backcountry attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.

14 Limitation of Liability

The Backcountry Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if Backcountry or the other Backcountry Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The total liability of the Backcountry Parties for any claim arising out of or relating to any product purchased via the Services will not exceed the greater of $100 or the purchase price of that product. For all other claims arising out of or relating to these Terms or our Services, the total liability of Backcountry Parties is limited to $100.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the Backcountry Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

15 Release

To the fullest extent permitted by applicable law, you release the Backcountry Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16 Dispute Resolution; Binding Arbitration

Except as set forth below, you and we agree that we will resolve all disputes, whether asserted or unasserted, accrued or unaccrued, and present or future, between us (including any such disputes between you and a third-party agent of ours, and any disputes that arose prior to your acceptance of these Terms) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below).

Before pursuing a Claim in arbitration, you and we must participate in an informal dispute resolution process in an attempt to resolve our dispute. Informal dispute resolution processes are favored by courts and arbitration providers to minimize the costs of litigation and to facilitate the expedient resolution of disputes. Before filing any demand for arbitration or initiating an action in court, you must complete the informal dispute resolution process form at this link: Click Here. You will be required to provide your name, your email address (which must be the email address associated with your account with us, if applicable), your phone number, your mailing address, a detailed description of your dispute, the specific relief you seek, and your personal signature verifying the accuracy of your submission. If we initiate a dispute, we will also be required to contact you at the email address associated with your account with us and to provide a detailed description of our dispute and the specific relief we seek. We each agree that we consent to receive such notifications, and that either party may communicate directly with the other in an effort to satisfy or resolve any dispute, including by communicating any offers or demands. Once you or we initiate the informal dispute resolution process, you or we will have sixty (60) days to attempt to resolve our dispute. During that time, you or we may not initiate proceedings in arbitration or court. Also during that time, the party receiving the notice of dispute may demand an informal dispute resolution conference via telephone or videoconference, which may also be attended by counsel for both sides. You and we will each be required to personally participate in this conference in a good-faith attempt to resolve our dispute. You and we agree that failure to participate in the informal dispute resolution process, including the conference at the receiving party’s election, will constitute a material breach of these Terms of Service, and that no Claim may be submitted to arbitration or other adjudicatory proceedings if this term is breached. You and we agree that if a party attempts to submit a Claim to an arbitrator or judge without having participated in this informal dispute resolution process, the breaching party shall be liable to the other for the party’s actual fees and costs in responding to the breach. This informal dispute resolution process, including the conference at the receiving party’s election, must be individualized, meaning that only a single person’s claim will be addressed during any one conference.

All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third party agent of ours (each a “Claim”), if not resolved by the informal dispute resolution process and individualized conference, shall be submitted for binding arbitration in accordance with the JAMS’s Rules. Any demands for arbitration and subsequent arbitration filings must comply with the standard set forth in Federal Rule of Civil Procedure 11 by the party making the submission or the party’s counsel, if applicable. In evaluating these demands or filings, the arbitrator, including any process administrator, if applicable, shall issue the sanctions that would be imposed under Rule 11 if its standard were violated. For Claims where the amount in controversy is less than $75,000, we will follow JAMS’s Streamlined Arbitration Rules in effect as of the date the informal dispute resolution process commences. For Claims where the amount in controversy is greater than or equal to $75,000, we will follow JAMS’s Comprehensive Arbitration Rules, in effect as of the date the informal dispute resolution process commences.

In all cases, notwithstanding any other provision of these Terms of Service or JAMS’s Rules to the contrary, if 25 or more similar demands for arbitration are filed by the same or coordinated counsel within a 60-day period or otherwise close in proximity, we will follow JAMS’s Mass Arbitration Procedures and Guidelines, including JAMS’s mass arbitration fee schedule, in effect as of the date the informal dispute resolution process commences, subject to the following modifications. First, when a mass arbitration commences (which determination shall be made pursuant to JAMS’s Mass Arbitration Procedures and Guidelines as modified by this Arbitration Agreement), the parties will first engage in a bellwether arbitration process. Bellwether proceedings are modeled on the MDL process in federal court and are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be submitted to an individual arbitrator by the process administrator. All other claims shall be held in abeyance. This means that the individual filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in the mass arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor we will be required to pay any such filing fees. You and we also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Second, following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the mass arbitration (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed individually pursuant to JAMS’s Mass Arbitration Procedures and Guidelines and associated fee schedule, including that only a single filing fee and arbitrator appointment fee shall be assessed for each arbitrator, even if that arbitrator hears multiple individual cases. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the bellwether and global mediation process.

In the event of a conflict between this Arbitration Agreement and JAMS’s Mass Arbitration Procedures and Guidelines, this Arbitration Agreement governs. In the event of a conflict between this Arbitration Agreement or JAMS’s Mass Arbitration Procedures and Guidelines on the one hand, and JAMS’s Consumer Arbitration Minimum Standards on the other, this Arbitration Agreement or JAMS’s Mass Arbitration Procedures and Guidelines govern over the Consumer Arbitration Minimum Standards, unless we waive the conflict to allow JAMS to administer the arbitration.

Should JAMS refuse to administer the arbitration or be unavailable to administer it, the arbitration will be heard by the AAA. For Claims where the amount in controversy is less than $75,000, we will follow AAA’s Consumer Arbitration Rules in effect as of the date the informal dispute resolution process commences. For Claims where the amount in controversy is greater than or equal to $75,000, we will follow AAA’s Commercial Arbitration Rules, in effect as of the date the informal dispute resolution process commences. If a mass arbitration commences pursuant to the conditions described above, we will follow AAA’s Mass Arbitration Supplementary Rules and fee schedule in effect as of the date the informal dispute resolution process commences, subject to the modifications described above. This Arbitration Agreement governs to the extent it conflicts with any rule of the AAA.

If neither JAMS nor AAA can administer the arbitration, including because they are not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass arbitrations, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass arbitrations, if applicable. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass arbitrations, if applicable. If no such arbitration provider is available, the dispute shall be resolved in state or federal court in Delaware.

The arbitration will be heard and determined by a single arbitrator, subject to the provision above for mass arbitrations. The arbitrator, and not a court, shall determine any question of arbitrability of any claim and any question involving the scope of any arbitration. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Any questions not resolved by, and not in conflict with, the Federal Arbitration Act and federal law, shall be decided under the substantive law of Delaware.

The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims or filings are frivolous. If a claim or filing is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim or filing. The arbitration provider may also impose such obligation on the claimant’s attorneys if it determines they are responsible for the frivolous claim or filing. If you meet the standard for proceeding in forma pauperis in federal court, Delaware state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, we will pay the filing fees for you.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, except as described in the mass arbitration provision above or pursuant to the arbitration provider’s mass arbitration rules. For further avoidance of doubt, no batching, consolidation, or otherwise grouping of the Demands or claims in Mass Arbitration is permitted without the express written consent of both parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including sanctions, subject to any applicable limitation of liability, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court, which that party shall be permitted to pursue in the appropriate court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” Including a claim for “public injunctive relief” in any complaint shall not deprive the arbitrator of any right to hear and adjudicate all other claims in arbitration In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. Any adjudicator, whether in court or in arbitration, shall sever as little as is necessary to make this Agreement valid and enforceable. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS STANDARDS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17 Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Deleware, without regard to conflict of law rules or principles (whether of Deleware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Deleware and the United States, respectively, sitting in New Castle County, Deleware.

18 Export Compliance

All or part of our Services or the products purchased via our Services may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”). You agree to comply with all Export Controls as they relate to your receipt and use of our Services and the products purchased via our Services. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

19 Government Users

This section applies only if you are acting on or behalf of an agency of the U.S. government. If acquired by any agency of the U.S. government, such agency acknowledges that: (a) any software obtained in connection with the Services (such as our mobile apps) constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.

20 Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

21 Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and Backcountry relating to your access to and use of our Services. The failure of Backcountry to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

22 Changes to Terms

We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

23 Contact

If you have any questions or concerns regarding the Services or these Terms, please contact Backcountry at: Backcountry.com, LLC, Attn: Legal Department, 1678 West Redstone Center Drive, Park City, UT 84098 or legal@backcountry.com.

Additional Terms for iOS Users

The following terms apply if you are accessing or using one of our mobile applications (collectively, “App”) on an Apple Inc. (“Apple”) branded mobile device.

a. Acknowledgement. The Terms are concluded between Backcountry and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.

b. Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.

c. Maintenance. Backcountry is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

d. Warranty. To the extent not effectively disclaimed under Section 13 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 13, you may notify Apple, and Apple will refund the purchase price for the App (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

e. Liability. Subject to Section 14 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.

f. IP Claims. Subject to Section 14 of the Terms, in the event of any third-party claim that the App or your possession or use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

g. Third Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.