Terms and Conditions
Welcome to Glacier Black and thank you for visiting our website.
Glacier Black offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Glacier Black’s products indicates your agreement to these terms.
SECTION 1- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.
SECTION 2- PROHIBITED CONDUCT
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of these Terms and Conditions;
Not to issue chargeback disputes against us;
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property.
SECTION 3- PAYMENT AND PRICES
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
SECTION 4- REFUSAL OF YOUR ORDER
While we will use our best efforts to fulfil all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 5- DELAYS IN DELIVERY
Estimated delivery dates are indicative & approximate values only and items can be shipped earlier or later also on case-to-case basis depending on availability of item and other factors. No refund, returns, replacement & exchange will be entertained for this reason.
SECTION 6- PERSONAL RESPONSIBILITY
Proper use of gear supplied by Glacier Black is the responsibility of the user. Glacier Black will not accept responsibility for damages, injury, or death resulting from misuse of any equipment purchased through store. You are ultimately responsible for your own actions and decisions.
Please learn the proper use of climbing equipment purchased from Glacier Black and understand its limitations. Inspect equipment purchased from Glacier Black before each use and destroy any gear that is damaged, worn, or does not pass thorough frequent inspections.
When using climbing gear, purchased from Glacier Black, you accept full responsibility for your safety, as well as the safety of others around you. You are personally responsible for learning the proper techniques and good judgment necessary for proper use of climbing gear purchased from Glacier Black. Reading and understanding any product information provided by the manufacturers represented by Glacier Black IS NOT A SUBSTITUTE for qualified personal instruction and guidance.
SECTION 7- HIGH RISK ACTIVITY
Products sold by Glacier Black include equipment used in extreme sporting activity such as rock climbing. Participation in this activity is associated with a high level of risk. Risks include but are not limited to serious physical injury, disability and/or death. You participate in this activity at your own risk.
SECTION 8- ASSUMPTION OF RISK
No amount of instruction or expertise can eliminate the inherent hazards of climbing mountains, rock, or ice. Glacier Black encourages all visitors of this site, and users of its products, to seek proper instruction from a qualified guide or instructional facility before climbing.
We also encourage to call attention anything you perceive as unsafe (no matter who it involves), and learn from the situation when taking a course. Owning your journey is the only way you can grow and develop as individuals.
By buying, using, or allowing the use of Glacier Black’s products, you understand and agree that extreme sporting activities including rock climbing are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Glacier Black including but not limited to equipment malfunction from whatever cause, or any other fault of Glacier Black Additionally, you agree to indemnify, defend, and hold Glacier Black harmless from any third party claims arising from such High Risk Activities or any other Glacier Black product.
SECTION 9- EXTERNAL LINKS
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 10- LIMITATIONS ON USE
You may not reproduce, resell, or distribute our products for any purpose unless you have been specifically permitted to do so under a separate agreement with Glacier Black. You may not sell or enable any third parties to resell the products purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.
SECTION 11- INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 12- DISCLAIMER OF WARRANTIES
GLACIER BLACK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT AND ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS WHERE IS” BASIS WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST GLACIER BLACK. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES GLACIER BLACK FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL AND INCIDENTAL, AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF GLACIER BLACK OBLIGATIONS HEREIN.
SECTION 13- LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 14- TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the site's products or services at any time. We may restrict, suspend or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 15- WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 16- FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 17- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of Utah will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
©Glacier Black 2021.All rights reserved. All materials presented on this site are copyrighted and owned by Glacier Black Inc. or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
UNDER NO CIRCUMSTANCE WE SHALL HAVE ANY ACCOUNTABILITY TO YOU FOR ANY LOSS OR DAMAGE AS A RESULT OF THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE. YOUR USE OF THE WEBSITE AND YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE IS COMPLETELY AT YOUR OWN RISK.
Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This privacy notice is intended to describe our overall privacy and data protection practices. In some cases, different or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information.
SECTION 1 - WHY WE COLLECT YOUR INFORMATION
We use the information, we collect in various ways, including:
To provide, operate, and maintain our website.
To improve, personalize, and expand our website.
To understand and analyze how you use our website.
To develop new products, services, features, and functionality.
To communicate with you, either directly or through one of our partners, including for user service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes.
To send you emails.
Find and prevent fraud.
SECTION 2 - OUR COLLECTION OF PERSONAL INFORMATION
Personal information that we collect and the process will vary depending upon the circumstances. We collect personal information directly from individuals, automatically related to the use of the Services, for example, some of the ways we collect information are as follows:
Information we collect directly. We collect information that you provide to us, such as:
when you provide your contact information and send other personal information to us;
when you complete or submit a form through Glacier Black, for example, "Contact Us" or "More Information" forms.
Your Data Controller
We are the data controller with respect to processing your data. This means that we decide how your personal data is processed and for what purposes. We know that you care how data about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
Please contact us at:
399 N Park Rd,
If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
You may, of course, decline to submit information through our website, in which case we may not be able to provide related services to you.
SECTION 3 - HOW WE USE YOUR PERSONAL INFORMATION
While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the purposes set forth below. Where General Data Protection Regulation (GDPR) or other relevant laws apply, we have set forth the legal bases for such processing in parenthesis.
Providing support and services: including, for example, to provide services you request (and send related information), operate Glacier Black to communicate with you about your access to and use of our services; to respond to your inquiries; to provide troubleshooting, fulfil your requests and provide technical support; and for other user service and support purposes.
Analyzing and improving our business: including better understand how users' access and use Glacier Black to evaluate and improve our services and business operations, and to develop new features, offerings, and services; to conduct surveys, and other evaluations, such as customer satisfaction surveys; and for other research and analytical purposes.
Personalizing content and experiences: including to provide or recommend features, content, social connections, and referrals; tailor content we send or display on Glacier Black to offer customization and personalized help and instructions, and otherwise personalize your experiences.
Advertising, marketing, and promotional purposes: including to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; to send you newsletters, offers, or other information we think may interest you; to contact you about Glacier Black or information we think may interest you;
Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.
SECTION 4 - DISCLOSURE OF PERSONAL INFORMATION
We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.
Service providers: We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, instructors, advisors, consultants, and user service and support providers.
Third Parties: We may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, processing payments, transmitting content, and providing user service. These third-party service providers have access to personal information needed to perform their functions but may not use it for other purposes.
Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing, or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted before such event where permitted by law.
Legally required: We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts, or others, e.g., in response to a subpoena or court order).
Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and users or others.
SECTION 5- COOKIES
SECTION 6- LOG FILES
Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.
SECTION 7- THIRD-PARTY ANALYTICS TOOLS
SECTION 8- DO-NOT-TRACK SIGNALS
Please note that our website does not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our website, you should not rely on any 'Do Not Track' feature your browser might have.
SECTION 9- SECURITY
We use technical, administrative, and physical controls in place to help protect Personal Information from unauthorized access, use, and disclosure. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
SECTION 10- DO NOT SELL MY DATA
SECTION 11- CCPA PRIVACY RIGHTS
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business deletes any personal data about the consumer that a business has collected.
Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
SECTION 12- CALIFORNIA ONLINE PRIVACY PROTECTION ACT
According to CalOPPA we agree to the following:
Users can visit our Platform anonymously.
SECTION 13- GDPR DATA PROTECTION RIGHTS
We would like to make sure you are fully aware of all of your data protection rights. Every European user is entitled to the following:
Right to access: If you can prove your identity, you have the right to obtain information about the processing of your data. Thus, you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.
Right to rectification of your personal data: Inaccurate or incomplete personal data may be corrected.
Right to erasure (or "right to be forgotten"): You also have the right to obtain the erasure of your personal data under the following assumptions:
Your personal data are no longer necessary for the intended purposes;
You withdraw your consent to the processing and there is no other legal ground for processing;
You have validly exercised your right of opposition;
Your data has been illegally processed;
Your data must be deleted to comply with a legal obligation. The deletion of data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.
Right to limitation of processing: In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary for the context of legal proceedings or the time required to verify that you can validly exercise your right to erasure.
Right to object: You have the right to object at any time to the processing of your personal data for direct marketing purposes. We will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.
Right to data portability: You have the right to obtain any personal data which you have provided us in a structured, commonly used, and machine-readable format. You are then free to transfer this data to a similar service provider.
Right to withdraw your consent: You may withdraw your consent to the processing of your personal data at any time, for example for personalized marketing communication purposes.
SECTION 14- THIRD-PARTY WEBSITES
SECTION 15- CHANGES TO THIS POLICY
We may amend this Policy at any time. If we make any material change in how we collect, use, disclose or otherwise process personal information, we will prominently post a notice regarding such change on the Services. Where required to do so by law, we may seek your prior consent to any material changes we make to this Policy.
Thanks for visiting Glacier Black. Please take a moment to read our cookies policy before continue using our website.
This policy helps to explain the occasions when and why cookies may be sent to visitors to the website (referred to in this policy as “we”, “us” or “our” or “Company”).
“Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. cookies allow the website to remember important information that will make your use of the site more convenient.
WHAT ARE COOKIES
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Cookies allow Glacier Black to serve you better and more efficiently, and to personalize your experience on our Site. Web beacons, tags and scripts may be used in the website or in emails to help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. We may analyze or perform analysis based on the use of these technologies and generate reports on an individual and aggregated basis.
Cookies can be "persistent" or "session" cookies. A persistent cookie helps us recognize you as an existing user, so it’s easier to return to Glacier Black or interact with our services without signing in again. After your visit, a persistent cookie stays in your browser and will be read by Glacier Black when you return to one of our sites. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
TYPES OF COOKIES WE MAY USE IN THIS WEBSITE
Depending on the purpose:
• Technical cookies: these are cookies that enable the user to browse the web page, platform or application and use the different options or service on it, e.g. to control traffic and data communication, to identify the session, to access restricted web site areas, to record elements that go to make up an order, to make a subscription or an application to participate in an event, to use security elements during browsing, to store content to broadcast videos or sound or to share content over the social networks
• Geolocation cookies: these cookies permit us to know form where the user is requesting a service. This cookie is anonymous and is used for example to offer you’re the proper information depending on the country where you are.
• Personalization cookies: these are cookies that enable the user to access the service pursuant to certain general, pre-defined characteristics according to a range of criteria on the user’s terminal, such as e.g. language, browser type used to access the service, regional configuration from where the service is accessed, etc.
• Analysis cookies: are those that enable its owner, monitoring and analyzing the behavior of users of the website to which they are linked. The information gathered through such cookies is used for measuring the activity of the website, platform or application and for profiling navigation of users of the website, platform or application, in order to improve the website based on those analysis.
• Functionality cookies: during your visit to the website, cookies are used to remember information you have entered or choices you make (such as your username, language or your region) on the website application. They also store your preferences when personalizing the website to optimize your use of Glacier Black. These preferences are remembered, through the use of the persistent cookies, and the next time you visit the website you will not have to set them again.
Depending on the duration
• Session cookies: these are a type of cookie designed to collect and store information while the user is accessing a website. These cookies are not stored on the user’s computer when the session expires or the browser is closed.
• Persistent cookies: these are a type of cookie in which the data continue to be stored on the user’s computer and can be accessed and processed when the user leaves the website and when he/she returns to it. The user can delete these cookies at any time.
Depending on who manages the cookies
• Own cookies: Are those sent to the user’s terminal from a computer or domain managed by the owner of the website and from which the service requested by the user is provided.
• Third party cookies: Are those sent to the user’s terminal from a computer or domain that is not managed by the owner of the website and from which the service requested by the user is provided but for another entity that processes the data gathered by the cookie. Likewise, in the event that cookies are installed from a computer or domain managed by the owner of the website itself but the information collected is managed by a third party, they will also be considered as third-party cookies.
Third parties that may set cookies via our website may also try to find out what your interests are in this way, and this information may also be used to present you with content or advertisements that appear more likely to be of interest to you on other, non-Glacier Black websites. In this case, the information about your current website visit may be combined with information from previous visits to websites other than ours.
COOKIES THAT WE USE
The cookie is set by Wix website building platform on Wix website. The cookie is used for security purposes.
The cookie is set by Wix website building platform on Wix website. The cookie is used for security purposes.
This cookie is set by the provider Wix.com. This cookie used in connection with user login.
The cookie is set by Wix website building platform on Wix website. The cookie is used for security purposes.
WIX - Indicates how a site was rendered.
This cookie is used by the hosting provider at the start of a session. It collects information on website traffic, duration and location.
BROWSER COOKIE SETTINGS
Some people find the idea of a website storing information on their device a little intrusive, in particular when the information is stored and used by a third party. For example, you may object to being served advertising which is targeted to your interests based on your browsing history. If you would prefer to opt out of cookies, it is possible to control cookies by following the steps below, however you should be aware that you might lose some features and functionality of the website if you do so.
Cookies, including those which have already been set, can be deleted from your hard drive. You can also change the preferences/settings in your web browser to control cookies. Some internet browsers have a ‘Do Not Track or ‘DNT’ setting; this sends a signal to websites asking them not to track your browsing.
We have very limited control over these 'third party' cookies, so we suggest that you check the respective privacy policies for these external services to help you understand what data these organizations hold about you, what they do with it and how you can opt-out of the same.
The user may at any time revoke consent in relation to this cookies Policy by deleting the cookies stored on the computer through the configuration and settings of your Internet browser, as listed above.