Terms & Conditions
Agreement between User and VertaMountainClub.com
Welcome to VertaMountainClub.com. The VertaMountainClub.com website (the "Site") is comprised of various web pages operated by Verta Mountain Club ("Verta"). VertaMountainClub.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of VertaMountainClub.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
VertaMountainClub.com is an E-Commerce Site.
Women's snow apparel and accessories including snow pants, coats and bags.
Electronic Communications
Visiting VertaMountainClub.com or sending emails to Verta constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Verta is not responsible for third-party access to your account that results from theft or misappropriation of your account. Verta and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Verta does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use VertaMountainClub.com only with permission of a parent or guardian.
Cancellation/Refund Policy
All items that have not been worn, washed, or altered can be returned for a full refund to the original method of payment or exchanged within 15 days of receiving your order.
Exchange Policy
If you wish to exchange an item for a different size or color, the first exchange is free. Any additional exchanges will incur a $20 exchange fee, which helps cover the costs associated with return logistics and processing of your new item. To initiate an exchange, please follow the instructions on your receipt or contact our customer service team via support@vertamountainclub.com.
Links to Third Party Sites/Third Party Services
VertaMountainClub.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Verta and Verta is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Verta is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Verta of the site or any association with its operators.
Certain services made available via VertaMountainClub.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the VertaMountainClub.com domain, you hereby acknowledge and consent that Verta may share such information and data with any third party with whom Verta has a contractual relationship to provide the requested product, service, or functionality on behalf of VertaMountainClub.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use VertaMountainClub.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Verta that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Verta or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Verta content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Verta and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Verta or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Verta account to third-party accounts. By connecting your Verta account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Verta from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Verta Content accessed through VertaMountainClub.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Verta, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Verta reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Verta in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Verta agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VERTA MOUNTAIN CLUB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VERTA MOUNTAIN CLUB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VERTA MOUNTAIN CLUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Changes to Terms
Verta reserves the right, in its sole discretion, to change the Terms under which VertaMountainClub.com is offered. The most current version of the Terms will supersede all previous versions. Verta encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Verta Mountain Club welcomes your questions or comments regarding the Terms:
Verta Mountain Club
395 South End Avenue 19P
New York, New York 10280
Email Address:
Effective as of March 01, 2024