Last Revision: October 25, 2007.

Welcome to rTribes, a cooperative group buying service for enthusiasts clubs. The rTribes service (collectively, "rTribes" or "the Service") is operated by the University of Montana Backcountry Ski Club's founder, Minot Maser, d.b.a. rTribes.com. The site merely serves as a conduit to facilitate group buying for clubs and is not a reseller. By accessing or using our web site at www.rtribes.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of rTribes. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Before you may become a member of rTribes, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Membership in the Service is void where prohibited. You agree by using rTribes that merchandise obtained through the Site is not intended for resale. Further, this Site is intended solely for users who are thirteen (13) years of age or older and are members of a participating club. Use of this site by anyone under 13 and not a member of an affiliated club is unauthorized and in violation of these terms of use. By using the Service or the Site, you represent and warrant that you are 13 or older, are a member of a participating club, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to rTribes, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

User Conduct

You understand that the Service and the Site are available for your personal, non-commercial use only. This includes not reselling items obtained via the Site. You also represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
• post to the Site any private information of any third party;
• use or attempt to use another's account, service or system without authorization from Rtribes, or create a false identity on the Service or the Site.
• use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
• fail to deliver payment for items obtained by you;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Site.

Abusing rTribes

rTribes works to keep the Site functioning properly and safely. Please report problems, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

rTribes Tribe Buys

Joining rTribes and requesting quotes for Tribe Buys is free. Items obtained through the service are not meant for resale. Items you acquire through the Service include a nominal handling fee. All item prices and shipping are quoted in U.S. Dollars. You are responsible for paying these to the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel)

Pricing

With respect to items obtained through rTribes, we cannot confirm the group buy price of an item until you order; however, we do NOT charge your credit card till after your order has entered the shipping process. Despite our best efforts, a small number of the items may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Risk of Loss

All items obtained from rTribes are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Privacy

We care about the privacy of our users. Click here to view rTribes's Privacy Notice. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND RTRIBES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RTRIBES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. RTRIBES DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Limitation on Liability

IN NO EVENT WILL RTRIBES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF RTRIBES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RTRIBES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RTRIBES FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL RTRIBES' LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO RTRIBES FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM RTRIBES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

rTribes may terminate your membership on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are reselling items obtained via the Service or are under 13.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Montana, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and rTribes or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Montana, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Montana.

Indemnity

You agree to indemnify and hold rTribes harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and rTribes regarding the use of the Site and/or the Service, superseding any prior agreements between you and Rtribes relating to your use of the Site or the Service. The failure of rTribes to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us if you have an inquiry or need more information regarding our Terms of Use.