Privacy Policy & More

Sponsorships & Donations

EMS is a proud sponsor of the Mount Washington Observatory. CLICK HERE to learn more.

Press Media Inquiries

All media inquiries should be directed to our Corporate Headquarters; (203) 235-5775)

Business Inquiries

Please direct all business inquiries to our Corporate Headquarters:

(203) 235-5775

Eastern Mountain Sports

160 Corporate Court

Meriden, CT, 06450

Privacy Policy

Effective Date:  May 2015

Eastern Mountain Sports recognizes that your privacy is important to you. We collect information about you through our websites in order to manage your shopping experience with us and to communicate with you about our products, services, contests and promotions. This policy explains what personal information we collect about you and why; how we will use, share, and protect this information once it is collected; and the choices you can make about our collection and use of your personal information. We encourage you to review this policy to make sure you understand how any personal information you provide to us online will be treated.

We may change this policy from time to time. When we do, we will let you know by posting the changed policy on this page. You can tell if the policy has recently changed by checking the revision date that appears above. In some cases, for example, if we make any significant changes, we may contact you directly about changes to this policy, such as by sending you an e-mail.

 

WHAT INFORMATION DOES EASTERN MOUNTAIN SPORTS COLLECT?

We collect two general types of information from Web site users:  (1) non-personal information concerning the use of our Web sites and (2) personal information that identifies or can be used to identify or contact an individual. Sometimes, we may link Non-Personal Information with Personal Information, in which case it becomes Personal Information.

Non-Personal Information: As is the case with many Web sites, our servers automatically collect your browser type and IP address when you visit one of our Web sites. We may also capture certain clickstream data, which includes, for example, the referring page that linked you to the Eastern Mountain Sports Web site, the pages you visit on our Web site, the next Web site you visit when you leave our Web site, and any search terms you have entered on our Web site or a referral site. 

In addition, we and our third party partners acting on our behalf may use cookies and/or pixel tags to keep track of your visits, preferences and profile information. Cookies are small data files stored on your computer’s hard drive at the request of a Web site, and do not contain personal information about you. Cookies may be used to enhance your experience on our Web sites (including by allowing you to remain logged in); to store some of your preferences; or to collect general usage and aggregated statistical information that does not by itself identify you personally.  Local shared objects, also known as Flash cookies, may also be stored on your hard drive using a media player installed on your computer or device. Flash cookies operate a lot like other cookies, but cannot be managed in the same way as non-Flash cookies.

Any or all of the above-described activities with respect to Non-Personal Information may be performed on our behalf by our service providers.

Personal Information:  Most of the Personal Information that we collect from you on our Web sites is what you provide to us. For example, we may collect Personal Information from you, such as your name, e-mail address, postal address, phone number, credit card number, gender, birthday, personal interests, etc., when you place an order online, save your information with us online, sign up for our newsletters, contact us with a question or concern, or participate in a contest, promotion, or survey.

Information Obtained from Third Parties: In some instances, we may supplement and combine the information collected from you with information that is received or otherwise obtained from third parties (whether related to HFTC or not), such as our joint marketing partners.

HOW DOES EASTERN MOUNTAIN SPORTS USE MY INFORMATION?

We and our trusted partners acting on our behalf may use the information (including Personal and Non-Personal Information) we collect from and about you to:

·         process and fulfill your orders, including to send you confirmation and shipment status e-mails

·         communicate with you and to send you information by e-mail, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications

·         administer and fulfill our contests and other promotions

·         help us learn more about your shopping preferences and how we can improve our marketing efforts or your shopping experience with us

·         help us address problems with and develop our site design, products and services

·         conduct research and analysis

·         protect the security or integrity of our websites and our business

·         respond to customer service inquiries, questions, and concerns

You always have the choice not to receive marketing information or calls. To learn how to opt out, please see the Opt Out section below. 

OPT OUT

You have the right to tell us not to send certain communications to you. For example, you may tell us not to send you our promotional e-mails by clicking on the appropriate link included with any such e-mail you receive from us or by contacting our customer service representatives using the information provided in the Contact Us section, below. Please note, however, that it may take up to 10 days to process your e-mail request and 6-8 weeks to process your postal mail request, during which period you may continue to receive promotional communications from Eastern Mountain Sports. Moreover, even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

If you change your mind, you can start receiving promotional communications from us again by logging into your online account and changing your preferences, by signing up when you visit our websites or our stores or when you enter a sweepstakes or contest, or by contacting customer service.

SHARING WITH THIRD PARTIES

Eastern Mountain Sports may share your information (including Personal Information and Non-Personal Information) with third parties for a variety of reasons. For example, we share your personal information with trusted third parties who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, processing credit card transactions, and conducting surveys.  These companies are authorized to use your information only as necessary to provide these services.  In addition, we may share your information:

·         with our parent company, our affiliates, and among our brands

·         with third parties in whose products or services we think you may have an interest

·         as required by law and when we believe in good faith that disclosure is necessary to protect our rights or those of third parties, protect your safety or the safety of others, investigate fraud, or comply with a court order or other legal process

·         in connection with a corporate change including a merger, acquisition, or sale of assets

·         in connection with co-branded or co-sponsored products, services, contests, or promotions when we team up with others to offer or provide these things to our customers

·         In addition, we may share aggregate Web site usage information that does not identify individual users with third parties for any reason, including, for example, marketing or analytical purposes.

THIRD-PARTY ADVERTISERS

We may use third-party advertising companies to serve ads when you visit our Web sites. These companies may use information about your visits to this and other Web sites in order to provide advertisements that are customized to your interests and preferences. These advertisements may appear on this Web site and on other Web sites.

Please note that some of the advertisers on our Web sites and their and our ad service providers (including advertising network providers and third party ad servers) may deploy cookies or related technologies through their advertising banners, links or other ads. While we use cookies and web beacons on parts of our sites (as discussed above), information received from cookies and other technologies deployed through third party ads and links may be collected directly by those advertisers and ad service providers. The advertiser’s privacy policy and/or that of its service provider will govern the use of this information and we are not responsible for the privacy practices of such companies. Additionally, some of these companies (like the ad networks) are members of the industry group, the Network Advertising Initiative, which offers a single location to opt out of their cookies. For more information, we encourage you to visit the Network Advertising Initiative’s consumer Web site by CLICKING HERE

SECURITY

While we strive to protect the security and integrity of the information provided to us, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. Unless you provide us with another method to notify you in this situation, you consent to our use of e-mail as a means of such notification.

THIRD-PARTY “LINKED-TO” WEB SITES

Our Web sites may contain links, banners, widgets or advertisements that lead to other Web sites. We are not responsible for these other sites, and so their posted privacy policies will govern the collection and use of your information on them. We encourage you to read the privacy statements of the Web sites you visit after leaving any Eastern Mountain Sports Web site to learn about how your information is treated.

CONSENT TO PROCESSING

By registering on one of our Web sites, you consent to the transmission of your information to, and its collection and processing in, the United States, and any other jurisdiction, in accordance with this policy.

YOUR ACCESS RIGHTS

You may be able to access, view, delete and change your preferences, profile, and other information by visiting  MY ACCOUNT

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits our customers who are California residents to request certain information about our disclosure of Personal Information to third parties for these third parties’ direct marketing purposes. To make such a request, please write to us at Eastern Mountain Sports, 160 Corporate Court, Meriden, CT  06450  Attn: Customer Service---California Privacy Rights.

CONTACT US

Eastern Mountain Sports welcomes your questions and comments about privacy. Please feel free to contact us by writing to us at Eastern Mountain Sports, 160 Corporate Court, Meriden, CT  06450  Attn: Customer Service---Privacy & Security Policy

Terms and Conditions

Your Agreement

The ems.com website is owned and operated by Eastern Outfitters, LLC, 160 Corporate Court, Meriden, Connecticut 06450.

Your use of this website constitutes your agreement to these Terms of Use and to comply with them and be bound by them. Please read the Terms of Use carefully. If you do not agree with any of the Terms of Use, do not use the ems.com website.

Changes To Terms Of Use

We reserve the right to update or modify the Terms of Use at any time without prior notice. Your use of this website following any such change constitutes your agreement to comply with and be bound by the Terms of Use in effect each time you use the website. For this reason, you should review the Terms of Use each time you use the website.

Website Content and Technology

 

Ownership and Rights In and To Website Contents and Technology

The content and technology you use, see and hear on this website are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights of Eastern Mountain Sports or its vendors, suppliers and other third parties who have authorized Eastern Mountain Sports to use the content and technology on this website. The software and other technology components of this website are © 2004-2015, Demandware Inc. All rights reserved.

Limitations on Use of This Website and Website Content

You may use this website and the contents included on it solely for your personal, noncommercial use. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (3) distribute any Content with a statement that it is excerpted from the ems.com website and that any further use or distribution by any person is subject to the Terms Of Use accessible at ems.com.

No right, title or interest in any downloaded materials is transferred to you as a result of your downloading the materials.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining our express written permission.

Product Depictions

We have done our best to display as accurately as possible the products shown on this website. However, because merchandise images, including designs, colors, and other product details, you see will depend on your monitor, we cannot guarantee that your monitor's display of any product will be accurate.

Correction of Errors and Inaccuracies; Orders Subject To Limitations

The information on this website 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 submitted your order). Errors, inaccuracies or omissions may relate to product description, pricing and availability. We reserve the right to refuse to accept orders based on pricing and other errors or product availability and to limit quantities (including after you have submitted your order).

Website & Content Disclaimer

 

DISCLAIMERS AS TO THE EMS.COM WEBSITE AND CONTENTS

THE EMS.COM WEBSITE AND ALL INFORMATION AND CONTENT ON IT ARE PROVIDED ONLY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, WE DO NOT REPRESENT OR WARRANT (1) THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR (2) THAT ANY PRODUCT DESCRIPTION IS ACCURATE OR COMPLETE.

WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

WE ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

DISCLAIMERS AS TO OTHER WEBSITES

WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND WILL HAVE NO LIABILITY FOR, ANY OTHER PARTY'S WEBSITE THAT YOU MAY ACCESS THROUGH THIS WEBSITE. ANY SUCH OTHER WEBSITE IS INDEPENDENTLY OWNED AND OPERATED, AND WE HAVE NO CONTROL OVER THE WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THERE. A LINK FROM THIS SITE TO ANOTHER WEBSITE DOES NOT MEAN THAT WE ENDORSE THAT OTHER WEBSITE OR INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THERE. LINKS ARE PROVIDED ONLY FOR CONVENIENCE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL EASTERN MOUNTAIN SPORTS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THIS WEBSITE.

THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND INTENTIONAL TORTS THEORIES) OR OTHER LEGAL OR EQUITABLE CAUSES OF ACTION OR PRINCIPLES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EASTERN MOUNTAIN SPORTS, LLC. AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Your Use Of Posted Content

We have reserved some areas (User Posting Areas) of the ems.com Website for user comments and feedback (Content). If you use the User Posting Areas to post Content, you agree to comply with the following terms:

1) The User Posting Areas shall be used for lawful purposes only.
2) You may only post content that you created or that you have permission to post.
3) No material shall be posted on or transmitted through the User Posting Areas

·         which violates or infringes in any way upon the rights of any other person, including copyright, trademark, trade secret, confidentiality, privacy, publicity rights,

·         which is defamatory or libelous, fraudulent or deceptive, disparages any third party or its business or product or service (WE ENCOURAGE SUBMISSION OF YOUR HONEST EVALUATION OF EASTERN MOUNTAIN SPORTS AND ITS PRODUCTS AND SERVICES),

·         which is unlawful, threatening, harassment, abusive, vulgar, obscene, contains explicit or graphic descriptions, or accounts of, sexual acts, profane, indecent or otherwise, in our opinion, objectionable,

·         which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or

·         which restricts or inhibits any other user from using or enjoying the User Posting Areas or the Website.

 

4) No advertising or other commercial solicitation may be posted on or transmitted at the User Posting Areas or other places on the Website.
5) You may not post personal identification information (including your or other individual's names, addresses, e-mail addresses and phone numbers) or impersonate any other person.
6) You may not attempt to transmit any "virus","trojan horse" or other destructive or disruptive software element or device in connection with your use of this Website.

 

Copyright Infringement Claims

We respect and will not knowingly tolerate the infringement of intellectual property rights. The following sets forth our policies and procedures for notifying us of any claims that your intellectual property rights have been infringed by content on this website.

Making Copyright Infringement Claims

 

Procedure For Making Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. This procedure is exclusively for notifying us at the address shown below of a claim that your copyrighted material has been infringed.

1.     The name, address, and physical or electronic signature of the complaining party.

2.     Identification of the allegedly infringing materials and their location on our Website.

3.     A description of the copyrighted work that you claim is infringed.

4.     A statement that you have a good faith belief that there is no legal basis for the use complained of.

5.     A statement of the accuracy of the notice and, under penalty of perjury, that you are the copyright holder or are authorized to act on the behalf of the copyright holder.

 

You must send your notice of copyright claim to us at:
COPYRIGHT CLAIMS AGENT
Eastern Mountain sports
160 CORPORATE COURT
MERIDEN, CT 06450
USA NOTE: This contact information is only for reporting copyright infringement.

 

Procedure For Other Infringement Claims

If you believe that any material on this Website infringes any intellectual property right of yours, other than a copyright right, send a letter to IP RIGHTS CLAIMS, Eastern Mountain Sports, 160 Corporate Court, Meriden, CT, 06450. Please include in your letter or email the following information:
Your name, address, and physical or electronic signature of the complaining party. Identification of the allegedly infringing materials and their location on our Website. A description of your rights that you claim is infringed. A statement that you have a good faith belief that there is no legal basis for the use complained of.

Site Intended for U.S. and Canada Users Only

Eastern Mountain Sports makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States or Canada. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.

Enforcement Of Terms & Conditions

BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA.

No Posting Of Personal Information

We value your privacy. Please see our Privacy Policy. A link is available on our home page. You must not post personal identification information or other personal data on these bulletin boards. Any personal identification information or other personal data that you post will be available to all users.

Monitoring Of User Posted Content

We reserve the right, without assuming any obligation, to monitor the content of the User Posting Areas to determine compliance with these Terms of Use and any other operating rules that we may establish from time to time. We reserve the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the User Posting Areas. Without limiting the foregoing, we reserve the right, without assuming any obligation, to remove any material that we, in our sole discretion, consider to violate these Terms of Use or otherwise to be objectionable or inappropriate. In all events, users shall remain solely responsible for the content of their comments, postings, and other messages. Neither we nor any of our officers, directors, employees, service providers, contractors, agents, or representatives shall have any liability for any conduct on the part of users or any comments, communication or posting on the User Posting Areas.

Copyright & Other Rights To Your Posted Content

We do not claim ownership of any Content that you may post. However, by submitting Content to our Website, you grant us, our affiliates and service providers the unlimited right and unconditional license to use, copy, display, perform, distribute, edit, change, modify, and adapt, and to permit third parties to download, use, copy, display, and distribute, the Content in any medium and in any way we choose. You agree that our use, copying, display, performance, distribution, editing, changing, modifying, adapting or promoting of the Content you submit will not infringe any of your copyright or other rights. See also Section titled MONITORING OF USER CONTENT.

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