THIS IS AN AGREEMENT. This is an agreement between you and Summit Hut, Ltd. ("Summit Hut"). This agreement is referred to herein as this "Agreement" or these "Terms". This Agreement governs your use of any Web site or Web page operated by Summit Hut. This includes, but is not limited to, this Web site and Web sites and pages associated with GearHut and GearHut.com. In this Agreement, each Web site or Web page operated by Summit Hut is referred to individually as a "Summit Hut Web Site," and collectively as the "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 use of that Summit Hut Web Site, including without limitation, particular features or offers (for example, sweepstakes). Other provisions that govern your use of this site and Summit Hut E-Mails may be set forth in online notices appearing in connection with certain information, products, software, services or features of this site or Summit Hut E-Mails (collectively, the "Additional Terms"), all of which are incorporated by reference herein. Your use of any information, products, software, services or features of this site or of Summit Hut E-Mails that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms. If you do not agree with any Additional Terms, do not use the respective information, software, product, service or feature. If any terms of this Agreement conflict with any Additional Terms, then the terms of this Agreement shall control. SUMMIT HUT WEB SITES ARE MADE AVAILABLE TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. YOUR USE OF A SUMMIT HUT WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION.

CHANGES TO THIS AGREEMENT. Summit Hut, and only Summit Hut, may change (including supplementing and expanding) the terms, conditions, and notices under which it grants access to or allows the use of 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 continued use of a Summit Hut Web Site after the effective date of a change affecting terms applicable to the Web site constitutes your acceptance of the change.

USE OF SITE AND E-MAIL SERVICES. The content and software on this site, and the content of e-mails sent to those signing up for any of our e-mail lists (referred to in these Terms as "Summit Hut E-Mails"), may be used as a personal shopping and information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site or any Summit Hut E-Mails is strictly prohibited. Summit Hut Web Sites may only be used in compliance with the law and for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting your identity or the identity of another user, using buying agents, or conducting fraudulent activities on or through any Summit Hut Web Site are prohibited. You may download Summit Hut Web Site content for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use Summit Hut Web Site content, including the text, images, audio and/or video, for public or commercial purposes without written permission from an authorized representative of Summit Hut.

TERMINATION OR SUSPENSION OF ACCESS AND USE. Summit Hut may terminate this Agreement, refuse to provide service, and terminate or suspend access to or use of a Summit Hut Web Site in its sole discretion at any time and for any reason whatsoever, with or without notice. Upon any termination or suspension of rights of access or use, your right to use Summit Hut Web Sites will immediately cease.

TRADEMARKS. SUMMIT HUT is a registered trademark of Summit Hut, Ltd. Other Summit Hut graphics, logos, and service names are trademarks of Summit Hut, Ltd. All trademarks not owned by Summit Hut that appear on this site or in Summit Hut E-Mails are the property of their respective owners. Neither trademarks of Summit Hut nor any other trademarks appearing on Summit Hut Web Sites may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

COPYRIGHT. All content included on Summit Hut Web Sites and in Summit Hut E-Mails, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Summit Hut or its content suppliers and is protected by copyright, trademark, patent or other proprietary rights, and the benefit of such rights shall extend to all forms, media and technologies existing now or developed in the future. All content is copyrighted as a collective work under U.S. and international copyright laws, and Summit Hut owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

IDEAS AND SUGGESTIONS. BY USING A SUMMIT HUT WEB SITE, YOU AGREE THAT ANY INFORMATION (EXCEPT FOR PURCHASE INFORMATION), MATERIALS, SUGGESTIONS, GRAPHICS, RECORDINGS, IDEAS OR COMMENTS YOU SEND TO SUMMIT HUT OR ANY OTHER THIRD PARTY USING THE SUMMIT HUT WEB SITE (COLLECTIVELY, "INFORMATION") IS NON-CONFIDENTIAL. BY SUBMITTING ANY SOLICITED OR UNSOLICITED INFORMATION USING A SUMMIT HUT WEB SITE, YOU GRANT SUMMIT HUT SOLE OWNERSHIP OF THE INFORMATION AND ALL PRESENT AND FUTURE RIGHTS TO THE INFORMATION OF EVERY KIND AND NATURE EVERYWHERE, WITHOUT RESTRICTION AND WITHOUT PAYMENT OR OTHER COMPENSATION TO YOU. SUMMIT HUT WILL NOT BE LIABLE FOR THE USE OF ANY OF THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PRODUCT OR ADVERTISING IDEAS) AND WILL NOT INCUR ANY LIABILITY AS A RESULT OF ANY SIMILARITIES TO MATERIALS, SUGGESTIONS, GRAPHICS, RECORDINGS, IDEAS OR COMMENTS OF YOURS (I.E., THAT WERE NOT SENT TO SUMMIT HUT) THAT MAY APPEAR IN FUTURE SUMMIT HUT PUBLICATIONS OR BE MANIFESTED IN SUMMIT HUT OPERATIONS. SUMMIT HUT WILL HAVE THE RIGHT TO PROSECUTE ALL APPLICATIONS, REGISTRATIONS AND PROCEDURES IT DEEMS NECESSARY TO PROTECT ITS EXCLUSIVE OWNERSHIP OF AND RIGHT TO USE THE INFORMATION, AND YOU AGREE TO COOPERATE WITH ALL SUCH EFFORTS OF SUMMIT HUT.

ILLUSTRATIONS, INFORMATION AND ADVICE. Summit Hut obtains photographs, data and other visual, aural and written information from manufacturers, distributors, promoters or suppliers of the products, services and events sold, described or promoted on Summit Hut Web Sites or in Summit Hut E-Mails. While Summit Hut strives to ensure accuracy, such information may contain inaccuracies. Furthermore, any Summit Hut Web Site and any Summit Hut E-Mails could include typographical errors and/or technical inaccuracies that derive from other sources, including without limitation the negligent acts or omissions of Summit Hut's own employees and agents. THE SUMMIT HUT PARTIES MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO THE PHOTOGRAPHS, DRAWINGS, DATA AND OTHER VISUAL, AURAL AND WRITTEN INFORMATION ON THIS WEB SITE OR IN SUMMIT HUT E-MAILS, OR WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF ADVICE GIVEN BY SUMMIT HUT PARTIES, WHETHER OR NOT SUCH ADVICE IS MADE IN WRITING.

LINKS. Summit Hut Web Sites and Summit Hut E-Mails contain links to other sites that are not operated by Summit Hut, including some such sites that display Summit Hut trademarks ("Linked Site(s)"). These links are available for your convenience and are intended only to enable access to these Linked Sites and for no other purpose. The Summit Hut Parties do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Linked Site or its content. A link to a Linked Site on a Summit Hut Web Site or in a Summit Hut E-Mail does not constitute sponsorship, endorsement, or approval of, or responsibility for, any Linked Site or its content. The Summit Hut Parties make no representation or warranty whatsoever with regard to any products, services, information or other items promoted, offered, sold, provided or otherwise available, directly or indirectly, on or through any Linked Site. The terms of use and privacy policy of any Linked Site may differ substantially from those that apply to your use of any or all Summit Hut Web Sites. Summit Hut recommends that you review the terms of use, privacy policies and other aspects of use of any Linked Site you visit.

SECURITY. You are responsible for maintaining the confidentiality of any accounts you have established with Summit Hut, including keeping your password confidential and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You agree that you will not violate or attempt to violate the security of any Summit Hut Web Site or to interfere with the proper working of any Summit Hut Web Site. Among other things, this means that you will not (a) access data not intended for you or log onto a server or an account which you are not authorized to access; (b) use the Web site for purposes for which it was not intended, or try to change the behavior of the site; (c) attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempt to interfere with service to any user, host or network, including without limitation by means of submitting a virus or worm to or overloading, "flooding," "spamming," "mailbombing" or "crashing" the site; (f) forge any TCP/IP packet header or any part of the header information in any e-mail posting; or (g) forge communications on behalf of the Web site (impersonate a Summit Hut Web Site) or to the Web site (impersonate someone other than yourself). You may not send unsolicited and unauthorized e-mail on behalf of Summit Hut or any other of the Summit Hut Parties, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Summit Hut Web Site other than the search engine and search agents provided by Summit Hut or generally publicly available browsers like Google and Yahoo.

DISCLAIMER OF WARRANTIES. SUMMIT HUT WEB SITES AND SUMMIT HUT E-MAILS ARE PROVIDED BY SUMMIT HUT ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS. SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED, PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE OR IN SUMMIT HUT E-MAILS. 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, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. 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, AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF SUMMIT HUT WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. 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 USE OF THIS SITE OR ANY SUMMIT HUT E-MAILS, OR OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE OR SUMMIT HUT E-MAILS, 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 OF DAMAGES ARE INDEPENDENT OF YOUR EXCLUSIVE REMEDY PROVIDED BELOW AND SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. IF YOU ARE DISSATISFIED WITH A SUMMIT HUT WEB SITE OR WITH ANY SUMMIT HUT E-MAIL, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SUMMIT HUT PARTY WITH RESPECT TO THIS AGREEMENT, SUMMIT HUT WEB SITES, OR SUMMIT HUT E-MAILS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUMMIT HUT WEB SITES AND TO REMOVE YOURSELF FROM THE MAILING LISTS FOR SUMMIT HUT E-MAILS IN THE MANNER SPECIFIED ON A SUMMIT HUT WEBSITE OR IN SUMMIT HUT E-MAILS. SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES ARE NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. YOU AGREE TO INDEMNIFY AND HOLD SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES HARMLESS FROM ANY SUCH CLAIM. 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.

CHANGES TO SUMMIT HUT WEB SITES; ADDITIONAL LIABILITY LIMITATION. SUMMIT HUT MAY CHANGE ANY SUMMIT HUT WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Summit Hut Web Sites or use Summit Hut E-Mails, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Summit Hut and persons other than Summit Hut (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 11 AND 12, YOU ACKNOWLEDGE AND AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 11 AND 12, YOU ACKNOWLEDGE AND AGREE THAT SUMMIT HUT AND THE OTHER SUMMIT HUT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF SUMMIT HUT WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN SUMMIT HUT WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH SUMMIT HUT WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON SUMMIT HUT WEB SITES OR IN SUMMIT HUT E-MAILS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 11 AND 12 AND THIS SECTION 13 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. 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 OR SUMMIT HUT E-MAILS 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 summit@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.

GOVERNING LAW. Summit Hut Web Sites, including this site, and Summit Hut E-Mails are created and controlled by Summit Hut in the State of Arizona, USA. Use of this site or Summit Hut E-Mails and any purchase of goods or services through this site or Summit Hut E-Mails 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 elect to receive Summit Hut E-Mails in 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. USERS OF THIS SITE AND RECIPIENTS OF SUMMIT HUT E-MAILS AGREE 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 ANY SUMMIT HUT WEB SITE, ANY SUMMIT HUT E-MAILS, THIS AGREEMENT, OR THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF A SUMMIT HUT WEB SITE OR SUMMIT HUT E-MAILS, SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN PIMA COUNTY, ARIZONA.

OWNER AND OPERATOR OF SUMMIT HUT WEB SITES. Summit Hut, Ltd., an Arizona corporation, is the owner and operator of the this Web site and all other Summit Hut Web Sites. Unless otherwise specified, all contents of Summit Hut Web Sites are Copyright © 2004 Summit Hut, Ltd. and/or its suppliers. All rights reserved. The address of this Summit Hut Web Site is www.summithut.com. The mailing address for Summit Hut, Ltd. is 5045 East Speedway, Tucson, AZ 85712.