Last Updated: February 24, 2022
All features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. All measurements, weights, colors and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be incomplete, inaccurate, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service, or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
USE OF THIS SITE
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated means, including without limitation “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personal information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information and maintain and update your information to keep it true, accurate, and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account and not re-use any password that you have used on other websites or services. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks in the U.S. and other foreign countries of Eagle Creek or our affiliates, including Eagle Creek and the Eagle Creek logo. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of their respective owners.
Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this Site without our written permission or the written permission of such third party owner.
The Site may be accessed from countries other than the United States. The Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Site outside the United States, you are responsible for complying with your local laws and regulations. You understand that by using the Site you consent to having your personal information collected, used, transferred to, and processed in the United States.
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited.
This Site may contain links to websites or services that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website or service. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website or service, or any content, materials, or other information located or accessible from such websites or services, or the results that you may obtain from using such websites or services. If you decide to access any other website or service linked to or from this Site, you do so entirely at your own risk.
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, photos, videos, or other content or materials that you submit, upload, post, or otherwise provide or make available to Eagle Creek or its vendors on or through the Site, Services, or otherwise, including content you post or otherwise make available to Eagle Creek or the public generally on or through third-party social media platforms such as Instagram, Twitter, Facebook, TikTok, Pinterest or Google ("User Content"), is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. We shall have no obligation to use, return, review, or respond to any User Content, and we will have no liability related to such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable in our sole and absolute discretion.
In addition to the foregoing, you may not post or transmit in connection with this Site any User Content that:
- You do not have the right to post, including proprietary material of any third party;
- Would constitute political campaign activity;
- Consists of unsolicited messages, chain letters, or unsolicited commercial e-mail;
- Advocates illegal activity or discusses an intent to commit an illegal act;
- Is abusive, vulgar, obscene, pornographic, or indecent;
- Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening, or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personal information or otherwise;
- Infringes any Intellectual Property Rights (defined below) or other right of any entity or person, including violating anyone’s rights of publicity or privacy;
- Violates any law or may be considered by us in our sole discretion to violate any law;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on the Site or through the Services;
- Solicits funds, advertisers, or sponsors; or
- Includes programs which contain viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications.
In connection with your User Content, you affirm, represent, and warrant the following:
- Your User Content complies with any third-party agreements to which you are subject, including any third-party agreements that apply to your use of third-party social media platforms such as Instagram, Twitter, Facebook, TikTok, Pinterest or Google.
We take no responsibility and assume no liability for any User Content that you or any other third party posts or sends over the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content. Eagle Creek reserves the right, at its sole discretion, to edit any User Content and to choose to include or not include such User Content on the Site or otherwise cease use of such at any time. You acknowledge and agree that Eagle Creek has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication), or misuse by any third party of any User Content.
We actively encourage and request that you submit testimonials or reviews relating to your personal experiences with Eagle Creek apparel or this Site (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name, and any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance, and distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing, or digital content including, without limitation, this Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium. You specifically agree that any Testimonial may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral, or other rights you may have in any such Testimonial. This Testimonial consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between the parties regarding, and constitutes the entire understanding of the parties with respect to, any Testimonial.
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Eagle Creek Holdings, LLC
ATTN: Copyright Agent
1625 Mid Valley Drive, Suite 1, PMB 84
Steamboat Springs, CO 80487
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
For more information on our billing and product purchase policies, please see our FAQ page.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in this Site. All purchases from this Site are made pursuant to a shipment contract with an independent carrier not affiliated with, or controlled by, us. As a result, risk of loss and title for products purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and lost shipments.
CONSENT TO BE CONTACTED BY EAGLE CREEK AND SMS MESSAGING TERMS
We may offer communications via calls, SMS text messages or similar technology (including via automatic telephone dialing equipment) subject to our receipt of any consents from you required by applicable law. These communications may be sent or initiated by Eagle Creek or any of its service providers, such as when we send you text messages to confirm, process and notify you about the status and pickup location of an order you place with us, provide you with a receipt, or for any customer service, account-related or marketing purpose. Message and data rates may apply. Message frequency may vary according to how you interact with our Site and Services. To stop receiving text messages from Eagle Creek, reply STOP to any message you receive from us. You agree we may send you a message to confirm your receipt of your STOP request. You can also opt-out of Eagle Creek text messages by emailing us your request and mobile telephone number to email@example.com.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR RISK. THE CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES ON SITE. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. ALL PRODUCTS PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMITTED BY LAW, EAGLE CREEK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE.
THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES ONLY TO YOUR USE OF THE SITE AND DOES NOT APPLY TO EAGLE CREEK PRODUCTS. INFORMATION CONCERNING WARRANTIES FOR EAGLE CREEK PRODUCTS CAN BE FOUND HERE.
LIMITATIONS OF LIABILITY
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site or your downloading of any materials from this Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, ATTORNEYS, RETAIL PARTNERS NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE CONTENT OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, THE SERVICES, OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE, THE SERVICES, OR ANY CONTENT.
UNLESS OTHERWISE EXPLICITLY STATED, THE SERVICES AND ALL CONTENT FOUND ON THE SITE ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES LOCATED IN THE UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE SITE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT.
DISPUTES AND ARBITRATION AGREEMENT
If for any reason a claim proceeds in court rather than in arbitration, YOU AND EAGLE CREEK HEREBY WAIVE ANY RIGHT TO A TRIAL IN FRONT OF A JUDGE OR A JURY.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative, consolidated, or class proceeding. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the Denver, Colorado. All other disputes, claims, or requests for relief shall be arbitrated.
Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises, we strongly encourage you to first contact our customer service department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.
If your dispute is not resolved by our customer service department, before beginning arbitration, please send written notice describing the claim to the following address:
Eagle Creek Holdings, LLC
1625 Mid Valley Drive, Suite 1, PMB 84
Steamboat Springs, CO 80487
If the claim has not been resolved within 30 days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.
GOVERNING LAW; ENTIRE AGREEMENT; JURISDICTION
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination.
Eagle Creek shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, manufacturer or shipping delays, fuel, energy, labor, or materials.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.