THIS IS AN AGREEMENT. This is an agreement between you and Summit Hut, Ltd. ("Summit Hut"). This agreement is referred to as this "Purchase Agreement". This Purchase Agreement governs your online purchase of any goods or services from any Web site operated by Summit Hut. This includes, but is not limited to, this Web site and the Web site associated with GearHut and GearHut.com. In this Agreement, each Web site operated by Summit Hut is referred to individually as a "Summit Hut Web Site," and collectively as "Summit Hut Web Sites", and the "Summit Hut Parties" means Summit Hut and its affiliates, and their respective shareholders, owners, members, directors, managers, partners, officers, employees, attorneys, agents and representatives. Any Summit Hut Web Site may contain additional terms that further govern purchases made on that Summit Hut Web Site, all of which are incorporated by reference in this Purchase Agreement. Those additional terms include those that appear in online notices relating to certain information, products, software, services or features being sold. Your submission of any order for the purchase of any goods or services through a Summit Hut Web Site constitutes your acceptance of the terms of this Purchase Agreement, including any applicable additional terms. If you do not agree with any of the provisions of this Purchase Agreement or with any of the additional terms that are a part of this Purchase Agreement, do not make a purchase. If any terms of this Purchase Agreement that are not additional terms conflict with any of the additional terms, then the terms of this Purchase Agreement that are not additional terms shall control. ORDERS ARE RECEIVED FROM YOU ON OR THROUGH SUMMIT HUT WEB SITES ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS PURCHASE AGREEMENT WITHOUT MODIFICATION. YOUR SUBMISSION OF AN ORDER CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION.

PRODUCT DESCRIPTIONS. Summit Hut product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research. We strive to be accurate in our product descriptions, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot and do not guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, or current.

PRODUCT COLOR. Summit Hut Web Sites attempt to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using.

MANUFACTURERS' WARRANTIES. The only warranties that are made with regard to products and services purchased through Summit Hut Web Sites are those, if any, that are issued by the manufacturer or the provider of the service. If a manufacturer's or provider's warranty is provided to you with an item or service purchased, the terms of that warranty will govern the existence and scope of the manufacturer's warranty to you.

PRICING. All pricing is subject to change. For all prices, products and offers, Summit Hut reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

PAYMENT POLICY. Visa, Mastercard, American Express and Discover are accepted, and there is no surcharge for their use. We do not submit credit card charges until time of shipment. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

Summit Hut will accept personal and business checks for prepay orders, but will not ship until the checks clear, which can take as many as 10 business days, or more.

ERRORS. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Summit Hut reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Summit Hut will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Summit Hut's Return Policy.

CHANGING ORDERS. You may request a change to your order, provided your order has not already been charged. Please call during business hours to change your order. Please always have your order number ready. Please never request change to your order via e-mail as we may not receive it in time.

CANCELING ORDERS. You may request a cancellation of your order, provided your order has not already been processed and shipped. Please call during our business hours to cancel your order. If your account has already been charged, you will receive a credit back to your account within approximately 1-2 business days. Please never request cancellation of an order via e-mail as we may not receive it in time.

VALIDATING YOUR ORDER. After you place an order using our shopping cart, we will check the information you give us for validity, verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE / CONFIRMATION. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Summit Hut reserves the right at any time after receipt of your order to accept or decline your order for any reason.

SHIPPING. All orders weighing 5 pounds or less and totaling less than $200 (before taxes, if any) will be shipped within the 48 continental states via ground transportation of our choice for a total shipping and handling charge of $5.95. Shipping and handling charges on all other orders vary; contact your Summit Hut account manager for our most current and competitive rates, options and shipping specials. For your protection, we ship only to your credit card's verified billing address or its verified alternate shipping address. In some circumstances, international shipping may be available. Call for details.

RISK OF LOSS. Risk of damage to and loss of items ordered through this Web site pass to you upon our delivery to the carrier.

EXPORT. If goods are being purchased for purposes of export, the purchaser is advised to seek legal counsel or otherwise make arrangements to inquire into the need for, and to obtain, appropriate licenses and/or documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void.

RETURN POLICY. If you are unhappy with an item for any reason, you may return it for exchange or refund.

If an item is defective or was shipped as a result of our error and you wish to exchange it, we will refund reasonable shipping charges you incur in returning it to us and we will pay for shipping an exchange item of similar size and weight to the original shipping address by a shipper of our choice. If an item is defective or was shipped as a result of our error and you wish to receive a refund, we will refund the amount charged to you for the original shipping and will reimburse you for reasonable shipping charges you incur in returning the item. In all other cases, we will pay for shipping an exchange item (or items) similar in size and weight to the item (or items) returned by you, but will not refund your original or return shipping costs. Our shipment to you will be via a shipper of our choice to your original shipping address.

We ask that items returned be complete, include all original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.

Summit Hut strongly recommends you fully insure your return shipment in case it is lost or damaged and that you use a carrier that can provide you with proof of delivery for your protection.

If merchandise arrives damaged: save the merchandise AND the original box and packing it arrived in, notify Summit Hut immediately to arrange for a carrier inspection and a pick up of damaged merchandise.

DISCLAIMER OF WARRANTIES. SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES DISCLAIM ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THESE EXCLUSIONS SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITED PERIOD FOR FILING SUIT. YOU AND SUMMIT HUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUMMIT HUT WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SEVERABILITY. The invalidity or unenforceability of any term or provision of this Agreement or the non application of any such term or provision to any party or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

NOTICE. All notices and other communications under this Agreement shall be in writing or displayed electronically on this site by Summit Hut. Notices shall be deemed to have been properly given on the date deposited in the U.S. Mails, if mailed; on the date first made available, if displayed on this site; or on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you, including e-mail addresses. Except as expressly directed otherwise by Summit Hut herein or elsewhere in this site, e-mail notices to Summit Hut must be sent to webmaster@summithut.com.

CAPTIONS; ENTIRE AGREEMENT. The captions used in this Agreement are for convenience only and shall not be used to construe or interpret any of the provisions of this Agreement. This Agreement, together with any Additional Terms, constitute the entire agreement between you and Summit Hut with respect to the subject matter hereof and of the Additional Terms. All prior agreements, understanding, negotiations or representations, whether oral or in writing relating to such subject matter are superseded and canceled in their entirety.

CHANGES TO THIS AGREEMENT. Summit Hut, and only Summit Hut, may change (including supplementing and expanding) the terms, conditions, and notices under which it makes sales on or through Summit Hut Web Sites. Such changes may be made without notice. You agree to regularly review these Terms and any additional terms posted on any Summit Hut Web Site for changes and agree that any purchase made by you after the effective date of a change affecting terms applicable to the purchases constitutes your acceptance of the change.

GOVERNING LAW. This site is created and controlled by Summit Hut in the State of Arizona, USA. Use of this site and any purchase of goods or services through this site shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this site from other jurisdictions, and those who choose to have goods or services delivered to other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. THE PURCHASER OF GOODS OR SERVICES THROUGH USE OF A SUMMIT HUT WEB SITE, INCLUDING THIS SITE, AGREES THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY SUMMIT HUT, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF A SUMMIT HUT WEB SITE, SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN PIMA COUNTY, ARIZONA.