Terms and Conditions

Effective Date: August 3, 2008

Our Sites
Thank you for visiting the Gander Mountain family of Web sites. These Terms and Conditions govern your use of any Web site displaying these Terms and Conditions, including the following (our "Sites"):


GanderMtn.com

Overtons.com

OvertonsOutdoors.com

ConsumersMarine.com


Gander Mountain Company (“Gander Mountain”) owns the Sites located at GanderMtn.com and OutdoorExpeditions.com. Overton’s, Inc. (“Overton’s”) owns the Sites located at Overtons.com and OvertonsOutdoors.com. Consumers Marine Electronics, Inc. (“Consumers Marine”) owns the Site located at ConsumerMarine.com.

Gander Mountain, Overton’s, Consumers Marine and other members of the Gander Mountain family of businesses are collectively referred to herein as the “Gander Mountain family of businesses,” “we,” “us,” and “our”. The terms “you” and “your,” when used in these Terms and Conditions, mean any user of these Sites.


Agreement
Access to and use of these Sites and the information, materials, products and services available through these Sites are subject to all applicable laws and regulations and to these Terms and Conditions. By accessing, browsing, and shopping at these Sites, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit these Sites.

These Terms and Conditions may be changed by us from time-to-time without specific notice to you. The latest Terms and Conditions will be posted on the Sites, and you should always review these Terms and Conditions prior to using any of the Sites to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access these Sites.

ACCESS TO THESE SITES (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THESE SITES (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.


Data Protection Consent
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using any of our Sites, please carefully review our Privacy Policy. All personal data provided to us as a result of your use of these Sites will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.


Terms of Sale
Any purchases you make on our Sites will be governed by our Terms of Sale, which is expressly incorporated herein. (If one of our Sites does not provide an opportunity to make a purchase, this link will be inactive for that Site.) Our Terms of Sale contain policies related to various aspects of your purchase of merchandise on our Sites, such as shipping, returns, and other matters.


Additional Terms and Click-Through Agreements
We may also require you to follow additional rules, guidelines or other conditions in order to sign up to use various special features or password-protected areas of our Sites, to participate in certain promotions or activities available through our Sites, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms and Conditions, the terms of the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the “click-through agreement.”

In addition, certain areas of our Sites may be powered by third party service providers. One such area is the product review and rating functionality available on some of our Sites, which is provided by PowerReviews, Inc. This means, for example, that if you click on “write a review” on some of our Sites, you will be are transferred directly to a custom Web site operated by PowerReviews, Inc. The PowerReviews Web site is governed by PowerReviews’ terms of use and privacy policy. To review PowerReviews’ terms of use, click here. To review PowerReviews’ privacy policy, click here.


Ownership
Unless otherwise indicated, these Sites and the design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, and other matters related to these Sites, including without limitation User Content as defined below (collectively, "Content") are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of the Gander Mountain family of businesses or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The posting of any Content on these Sites does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through these Sites. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use these Sites and to display, print, or download portions of these Sites on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.


User-Submitted Content and User Conduct
Certain sections of our Sites allow users to submit or upload reviews, photographs, or other content (collectively “User Content”) to the Sites or to third party sites. Any User Content is the sole responsibility of the person who made such User Content available on these Sites. Under no circumstances will we be liable in any way from any User Content available on these Sites. Such User Content may be posted on or accessed through our Sites in our sole discretion.

Since we do not control the User Content posted on these Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing these Sites, you may encounter User Content that you may consider to be objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Content posted, e-mailed, transmitted or otherwise made available on these Sites, whether by us, individual users of the Sites, or our third party contractors or licensors.

If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to these Sites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through this Site, you are granting us, and our, subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, reproduce, modify, display, distribute, perform, publish, transmit, and create derivative works thereof, in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.

We reserve the right at all times to disclose any User Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Content, in whole or in part, without notice and for any reason, including, without limitation User Content that is objectionable or in breach of these Terms and Conditions in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our Sites, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User Content to Content owned or provided by us, and the user who made such User Content available on the Sites will retain ownership thereof as described above.

It is a condition of these Terms and Conditions that you do not:

post or transmit any unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
post or transmit any User Content which violates or infringes upon the rights of others, including User Content which constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder;

post or transmit any User Content containing private information about, or any photograph depicting, an identifiable person without that person’s permission, or any User Content soliciting any personal or private information from any individual;

post or transmit any User Content which contains a virus or other harmful component; or

post or transmit any User Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.

By providing User Content to or for any of our Sites, you warrant and represent that you own or otherwise control all of the rights to the User Content that you post; that such User Content is accurate; that use of the User Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from User Content you supply.


Trademarks
The Gander Mountain, Overton’s, Outdoor Expeditions, OvertonsOudoors and Consumers Marine names, logos, and all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on these Sites, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Gander Mountain family of businesses (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Sites are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Sites without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.


Hyperlink Disclaimer
These Sites may contain links and/or advertisements to other Web sites maintained by unrelated companies. An advertisement of, or link to, an unrelated Web site does not mean that we approve, endorse or accept any responsibility for that Web site, its content or use, or the use of products and services made available through such Web site. Such Web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other Web sites which you may access through these Sites, the content thereof, or the products and/or services made available through such Web sites. If you decide to leave our Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web sites.


Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding these Sites and the information and services we make available through these Sites (collectively, “Feedback”). The Feedback you provide to us through these Sites will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.


Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE SITES OR THEIR CONTENTS, OR ANY MERCHANDISE AVAILABLE ON THE SITES. THE SITES ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE SITES AND ANY SITE WITH WHICH THEY ARE LINKED, AND WITH RESPECT TO ALL MERCHANDISE PURCHASED ON THESE SITES. WE DO NOT WARRANT THAT THESE SITES, THEIR SERVERS, OR E-MAIL SENT FROM US, OR MERCHANDISE AVAILABLE ON THE SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE SITES, OR ANY SITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

WITHOUT LIMITING THE FOREGOING, CERTAIN MERCHANDISE OFFERED ON THESE SITES MAY BE COVERED BY A PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH MERCHANDISE, AND THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT LIMIT OR RESTRICT ANY WARRANTY PROVIDED BY THE MANUFACTURER OF ANY MERCHANDISE AVAILABLE FOR PURCHASE ON THESE SITES.


Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THESE SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

OUR LIABILITY IN CONNECTION WITH A CUSTOMER'S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.

These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.


Your Obligations
In consideration of your use of the Sites, if you register on any of our Sites in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password at the following e-mail address, and until we are so notified you will remain liable for any unauthorized use of your account: For GanderMtn.com and OutdoorExpeditions.com, at service@gandermtn.com; for Overtons.com, OvertonsOutdoors.com and ConsumersMarine.com, at service@overtons.com.

You agree to use the Sites in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Sites any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to these Sites is strictly prohibited. We reserve all rights and remedies available to us.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of these Sites (including any information, materials, products or services available through these Sites).
Colors
We have done our best to display as accurately as possible the colors of the products shown on the Sites. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.


Correction of Errors and Inaccuracies
The information on the Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.


Intellectual Property Policy
We respect the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on any of the Sites or has been otherwise copied or made available on the Sites in a manner that constitutes copyright infringement, please send us a notice of the alleged infringement including all of the following information:

An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;

A description of the work that you claim has been infringed (including the URL, location on a Site, title and/or item number (if applicable) or other identifying characteristics);

Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);

A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement to our agent for notice of claims of intellectual property infringement by any of the following:

Gander Mountain Company
Attention: Customer Service
111 Red Banks Road
Greenville, NC 27858
(252) 355-7600
FAX (252) 355-2923


Jurisdiction Limitations
All references on these Sites to information, materials, products and services apply to information, materials, products and services available in the jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in these Sites constitutes an offer to buy or sell our products or services in any other jurisdiction.


Minors
These Sites are business and commercial sites. As such, they are not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on any of our Sites.


Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently these Sites (or any portion thereof) and/or the information, materials, products and/or services available through these Sites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of these Sites.


Entire Understanding
These Terms and Conditions (together with our Privacy Policy, Terms of Sale and any click-through agreements on the Sites) contain the entire understanding between you and us with respect to use of these Sites and no representation, statement, inducement oral or written, not contained herein shall bind any party to this Agreement.


Severability and Non-Waiver
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.


Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Minnesota in the United States of America, without regard to conflict of law principles, except to the extent inconsistent with the EU Directive on the Protection of Consumers in Respect of Distance Contracts (the “Directive”), in which case the provisions of the Directive shall be deemed controlling. Access to, or use of, these Sites or information, materials, products and/or services on these Sites may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing these Sites.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts located in Minneapolis, Minnesota and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of these Sites. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.


Contacting Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us by telephone, email, fax or postal mail:


Gander Mountain Company
Attention: Customer Service
111 Red Banks Road
Greenville, NC 27858
(252) 355-7600
FAX (252) 355-2923