Terms of Use
Last updated 18 April 2025.
Welcome to DMM North America LLC’s Internet website us.dmmwales.com (the “Website”). This Website is hosted by DMMWALES GROUP LIMITED. DMM North America and its affiliates (“DMM”, “we” or “us”) provide access to the Website and its features to you subject to the following Terms & Conditions of Use (collectively the “Terms”).
PLEASE READ ALL OF THESE Terms CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE Terms. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. Section 17 BELOW CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER TO RESOLVE DISPUTES THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. DMM may, in the future, modify or revise these Terms. If we make any changes, we will provide notice of the changes and update these Terms here. Your use of this Website and any other DMM Websites, mobile applications, blogs, and the like, and any other websites owned, operated, or maintained by DMM now or in the future (the “Websites”) following any such revision constitutes your agreement to the revised Terms. Please check these Terms periodically for changes. The Websites are the property of DMM, its affiliates, and its licensors.
By using the Websites, you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the state or jurisdiction in which you are viewing the Websites. The Websites and the information contained in reference herein are for your personal, non-commercial use only. As long as you fully comply with these Terms, DMM grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Websites.
1. Content. All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other information (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content contained on the Websites is owned, controlled, and/or licensed by or to DMM. This Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as specifically described in these Terms, no part of the Websites and/or the Content may be copied, reproduced, broadcast, duplicated, republished, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted, manipulated, sold, rented, circulated, scraped, or distributed in any way, in any manner, and to any person or entity to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without DMM’s express prior written consent. You may only use Content from the Websites regarding DMM products in a non-commercial, limited manner and provided that you: (a) do not remove any copyright or other proprietary notice from any of the Content, (b) use such Content only for your personal information or use, (c) do not sell or modify the Content or use the Content in any way for any public or commercial purpose, (d) do not use the Content in a manner that implies any association with DMM, or any of our products, services, or brands, and (e) do not make any representations or warranties relating to such materials.
2. Third-Party Website Links. The Websites may contain hyperlinks ("links") to websites operated by persons or entities other than DMM or to co-branded websites operated by a third party (“Linked Websites”). We provide such links for your reference and convenience only. DMM does not control, endorse or make any representation or warranty regarding the content or accuracy of any such Linked Websites. You are solely responsible for determining the extent to which you use information and/or materials contained on such Linked Websites. If you access any Linked Websites, you do so at your own risk. DMM IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR ACCESSING, USE, and/or DEALINGS WITH ANY LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF ANY LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
3. Limited License to Access the Websites. As long as you comply with these Terms and applicable law, the DMM grants you a limited license to access and make personal use of the Websites. DMM also grants you a limited, revocable, and non-exclusive right to create a link to the Websites’ home pages, provided that you do not portray DMM, or its products or services, in a false, misleading, negative, offensive, or derogatory light. You may not use any DMM logo or other proprietary graphic or trademark as part of the link without DMM’s express written permission. This limited license DOES NOT ALLOW YOU: (a) to reproduce, duplicate, copy, sell, resell, scrape, download, upload, distribute, post, display, transmit, translate, manipulate, encode, translate, visit, or in any other way use or exploit for any commercial purpose all or any part of the Websites or their Content (including but not limited to product listings, descriptions, prices, reviews, etc.); (b) any derivative use of the Websites and/or their Content; (c) to download or copy any information, including but not limited to your account information, for the benefit of yourself, another merchant, or any third party; (d) to download (other than caching) or modify any part of the Websites or their Content; (e) any use of artificial intelligence, data mining, robots, spiders, or similar data gathering and extraction tools to scrape or access any data, information, or Content; (f) to use any meta tags or any other hidden data utilizing DMM's name or trademarks; (g) to frame or use framing techniques to capture any trademark, logo, or other proprietary information (including but not limited to text, photographs, images, page layout, etc.) on the Websites; and/or (h) any other use of the Websites or their Content that DMM reasonably deems to be inappropriate or improper in its sole discretion. Any unauthorized use by you of any of these Terms automatically terminates the limited license granted by DMM to you to use the Websites and their Content.
4. Your Account and Obligations. Your use of the Websites is conditioned upon your compliance with all applicable laws, these Terms, and such further communications as described in any written or on-screen notice from DMM. If you are under 18, you may use the Websites only with involvement and approval of a parent or guardian. You may not create more than one personal account to access the Websites. You agree that all information that you provide to us related to your personal account, including all purchases, transactions or other interactions with DMM on the Websites shall be accurate, complete, and current. While accessing and/or using the Websites, you are solely responsible for (a) maintaining the confidentiality of your account information (including but not limited to your user name, password, credit card information, etc.) and (b) all activities that occur under your account. You agree to notify us immediately by email at uscs@dmmwales.com of any unauthorized use of your account, user name, password, and/or any other breach of security that you become aware of involving or relating to your account and the Websites. You may not use any other person’s DMM username, password, or account at any time without the express written permission of the holder of that DMM account. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's user name, password, or other account information, or another person's name, likeness, voice, image or photograph. You further agree not to violate, attempt to violate or assist others in violating or attempting to violate the security of the Websites in any manner whatsoever, including, without limitation, doing or attempting any of the following: (i) probing, scanning, and/or testing the vulnerability of the Websites, their servers, systems, or networks, (ii) breaching authentication/security measures, (iii) logging into a server or account or accessing data that you are not authorized to access, (iv) interfering in any way with the Websites’ services to any user, host, or network, by any means including, viruses, spam, overloading, etc., and/or (v) sending unsolicited email, and/or forging headers in any email or posting. You agree that if you fail to comply with any of these Terms or any applicable law, DMM may suspend or terminate your account and your use of the Websites, at its discretion, and without further notice. DMM reserves the right to refuse service, terminate any account, remove or edit Content, and/or cancel orders in its discretion. You are solely responsible for all liability for any loss or damage that you suffer arising from your failure to comply with these Terms and/or applicable law.
5. Electronic Communications. When you visit DMM Websites or send e-mails to us, you are consenting to receive communications from us electronically. We may communicate with you by e-mail and/or by posting notices on the Websites, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Privacy. DMM uses its own and third-party cookies to improve your experience and our services, by analyzing how people use our website. By using and continuing to use the Websites, you accept the use of cookies, unless you have chosen a different option. Please review DMM’s Privacy Policy at https://us.dmmwales.com/pages/privacy-policy, which describes these policies in greater detail, and which is incorporated into and made a part of these Terms by this reference. By using the Websites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites or via email may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
7. Copyright. All Content included on the Websites, including but not limited to, all text, images, graphics, logos, icons, audio and video clips, digital downloads, data compilations, software, and similar materials, and the compilation of all Content on the Websites is exclusive owned by DMM, its affiliates, licensors, or suppliers, and protected to the full extent provided by the United States Copyright Act and international copyright laws. Nothing stated or implied on the Websites gives you any license or legal right regarding any copyright of DMM or any third party. Federal and state laws prohibit you from duplicating, copying, reproducing, broadcasting, modifying, editing, distributing, displaying, publishing, performing, circulating, or transmitting any Content or part of the Websites for any purpose.
8. Trademarks. All trademarks, logos, product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs and service marks (collectively the "Marks") displayed on the Websites are owned exclusively by DMM and/or third parties. Some U.S. registered trademarks owned by DMM include, but are not limited to: “DMM®” and “Climb Now Work Later®”. You are prohibited from any use, misuse, reproduction, imitation, dilution, or confusing or misleading uses of any of the Marks under national and international trademark and copyright laws without the express, prior, written permission of DMM. For usage permission, please email DMM at uscs@dmmwales.com.
9. Copyright Complaints. DMM respects the intellectual property of others. It is DMM's policy, as appropriate and in its sole discretion, to terminate the accounts of users who infringe upon the copyrights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at uscs@dmmwales.com and include the following information in writing, which is required pursuant to the Digital Millennium Copyright Act ("DMCA"): (1) A detailed description of the copyrighted work that you claim has been infringed. (2) A description of where the material that you claim is infringing is located on the Websites reasonably sufficient to allow DMM to locate the material. (3) Your address, telephone number, and e-mail address. (4) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. (5) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. (6) Your physical or electronic signature, if you are the copyright owner or authorized to act on the copyright owner’s behalf, or the physical or electronic signature of the owner or person authorized to act on behalf of the owner of the copyright that has been allegedly infringed upon. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
10. Risk of Loss. All items purchased from DMM through the Websites are transported and delivered by an independent carrier that is separate and independent from DMM. After DMM delivers the items to the carrier, title to the items that you have purchased and risk of their loss, passes to you. In the event of a lost package, please contact DMM’s Customer service department at uscs@dmmwales.com to assist with a shipping claim.
11. Website Information, Product Descriptions, Availability. DMM uses its best efforts to accurately describe its products, their availability, and the Content on the Websites, however, occasionally some information on the Websites may contain errors, be incomplete, or out of date. DMM makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Websites and/or the Content or about the results to be obtained from using the Websites and/or the Content. Please note that colors of DMM products may appear differently on your computer monitor than they are in reality. DMM products are available to view at DMM retailers worldwide. If a product offered by DMM is not as described, your sole remedy is to return it in unused condition. Please see our return policy at https://us.dmmwales.com/pages/returns/.
12. Disclaimers and Limitation of Liability. Your use of the Websites is at your own risk. If you are dissatisfied with any of the Content or other contents of the DMM Websites or with these Terms, your sole remedy is to discontinue use of the DMM Websites. THE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY DMM ON AN "AS IS" AND "AS AVAILABLE" BASIS. DMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, PRODUCTS, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH DMM TAKES COMMERCIALLY REASONABLE MEASURES TO PROTECT ITS CUSTOMER’S PERSONAL INFORMATION, DMM DOES NOT WARRANT THAT (a) THE WEBSITES, (b) INFORMATION, CONTENT, PRODUCTS, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, (c) THE WEBSITES’ SERVERS, OR (d) E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCLUDING DMM’S INTENTIONAL MISCONDUCT, DMM EXPLICITLY (1) DISCLAIMS ALL LIABILITY FOR ALL DAMAGES OF ANY KIND, including but not limited to INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES AND/OR FROM ANY INFORMATION, CONTENT, PRODUCTS, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, and (2) LIMITS DMM’s TOTAL LIABILITY FOR ALL DAMAGES that you may have suffered ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES TO THE TOTAL AMOUNT THAT YOU HAVE PAID DMM FOR DMM PRODUCTS OR SERVICES OVER THE PAST TWELVE (12) MONTHS OR $1,000.00, whichever is greater. NOTHING ABOVE IS INTENDED TO LIMIT LIABILITY FOR ORDINARY DAMAGES FOR PROVEN PRODUCT LIABILITY CLAIMS.
13. Reserved Rights. DMM reserves the right in its sole discretion to: (a) modify, suspend or terminate operation of or access to the Websites, or any portion of the Websites; (b) modify or change the Websites, and any applicable policies or terms; (c) interrupt the operation of the Websites as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (d) discontinue or restrict your use of the Websites.
14. WARNING: CLIMBING, MOUNTAINEERING, TRAIL RUNNING, SKIING, HIKING, WALKING, AND RELATED ACTIVITIES, ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND DANGEROUS. By purchasing or using any DMM products or equipment, you agree that you are personally and solely responsible for: (a) learning and knowing the limits and capabilities of the equipment and yourself, (b) learning and applying the proper techniques for using such equipment, and (c) making responsible, sound decisions in changing situations. In addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL RESPONSIBILITY FOR ALL DAMAGES AND INJURIES OF ANY KIND (INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, TO YOURSELF AND/OR OTHERS THAT MAY RESULT FROM OR IS RELATED TO: (1) YOUR IMPROPER USE OF ANY EQUIPMENT MANUFACTURED BY OR PURCHASED THROUGH DMM, THE WEBSITES, OR RETAILERS. And (2) YOUR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY DMM OR THAT IS CONTAINED IN ANY DMM WEBSITES, CATALOGS, PUBLICATIONS, OR OTHER DMM MATERIALS. Resources like the DMM Websites and publications can provide useful information and tips, but they are no substitute for good decision-making, safe and appropriate use of equipment, or professional instruction for the numerous hazardous situations in which you may choose to use DMM products.
15. Disclosure of Your Information. You agree and DMM reserves the right, at all times and without further notice, to disclose any information that DMM deems necessary to comply with any applicable law, regulation, administrative or legal process or governmental request. DMM also may disclose your information when DMM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You agree that DMM may disclose any information we have about you (including your identity) if DMM determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Websites, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with the Websites, DMM’s rights or property, or the rights or property of the Websites’ users, including DMM’s customers. You acknowledge and agree that DMM may preserve any transmittal or communication by you, including emails, through the Websites or any service offered on or through the Websites, and may also disclose such data if required to do so by law or if DMM determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any such data violates the rights of others, and/or (d) protect the rights, property or personal safety of DMM, its employees, users of or visitors to the Websites, and the public. Please review DMM’s complete Privacy Policy at https://us.dmmwales.com/pages/privacy-policy.
16. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DMM, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY DMM, BY YOU, ANY PERSON OR ENTITY ACTING ON YOUR BEHALF, AND/OR ANY THIRD PARTY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR IMPROPER USE OF THE WEBSITES, YOUR BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER ACTION BY YOU THAT CREATES OR RESULTS IN ANY LIABILITY FOR DMM. This provision may be unenforceable or inapplicable within the State of New Jersey and other states.
17. Applicable Law; Dispute Resolution; Arbitration; Jury and Class Action Waiver; Miscellaneous Provisions. By visiting or using the Websites, you agree that: (a) All matters relating to these Terms, and/or your access to or use of the Websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. (b) In the event of any controversy or dispute between you and DMM arising out of or in connection with these Terms and/or your use of the Websites, you and DMM shall attempt, promptly and in good faith, to resolve any such dispute. If you and DMM are unable to resolve any such dispute within thirty (30) days, then either you or DMM may request mediation to resolve the dispute and you and DMM shall participate in mediation. The mediation may be conducted in person, through the submission of documents, by phone, or online in a video call as mutually agreed. If conducted in person, the mediation shall take place in Boulder, Colorado. If the dispute is not resolved through mediation within a reasonable time (not to exceed sixty (60) days from the mediation request), then you and DMM shall be free to pursue any right or remedy available to them under applicable law through binding arbitration as described below. (c) BINDING ARBITRATION: In the event of any dispute arising out of or relating to these Terms and/or your access to or use of the Websites (including products or services sold or distributed by DMM through the Websites and any claims arising out of the Americans with Disabilities Act), such dispute will be finally and exclusively resolved by binding arbitration. NEITHER YOU NOR DMM SHALL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY. DISCOVERY RIGHTS, SUCH AS EACH PARTY'S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY BE LIMITED IN ARBITRATION. All disputes shall be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Consumer Arbitration Rules, both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Boulder, Colorado. The Federal Arbitration Act and federal arbitration law apply to these Terms. (d) CLASS ACTION WAIVER: Any arbitration or other legal proceeding shall be limited to the dispute between DMM and you individually. To the full extent permitted by law, (a) no arbitration or other legal proceeding shall be joined with any other; (b) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. (e) You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to the jurisdiction and venue described above, and (b) any claim that any such arbitration proceeding has been brought in an inconvenient forum. Note that the preceding provision regarding venue may not apply if you are a consumer based in the European Union, however, in all cases, the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to these Terms; (f) Any and all claims arising out of or related to these Terms must be brought by you within one (1) year after the cause of action arises, or such claim or cause of action is forever and irrevocably barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. (g) No recovery may be sought or received by you against DMM for damages other than your out-of-pocket expenses, excluding attorney fees. (h) A printed version of these Terms and of any notice given in electronic form shall be admissible in any mediation or arbitration proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All headings in these Terms are for convenience or reference only and shall be ignored in construing these Terms. (i) DMM’s failure to enforce all or any part of these Terms or respond to a breach of the Terms by you or any other party shall not in any way be construed as a waiver of any right granted DMM hereunder of the future performance of all or any part of these Terms, and your obligations set forth in these Terms shall continue in full force and effect. (j) If any provision in these Terms is in conflict with any applicable state law, that state law shall control. Any provision in these Terms that is found to be invalid or unenforceable under such applicable law, shall be modified by the arbitrator to the minimum extent necessary to be valid and enforceable and in a manner that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect. (k) These Terms contain the entire and final agreement regarding the Websites and their Content. (l) Any offer for any feature, product or service made on the Websites is void where prohibited by law. If you choose to access the Websites from outside the U.S., you are solely responsible for complying with applicable U.S. and local laws. Although the Websites may be accessible worldwide, not all products or features provided or offered through the Websites are available in all geographic locations, or available (legally or otherwise) for use outside of the U.S. DMM reserves the right to limit, in its sole discretion, the provision and quantity of any product or feature shown on the Websites to any person or geographic area. (m) All rights not explicitly granted in these Terms are hereby reserved by DMM. (n) By continuing to use the DMM Websites, you acknowledge your agreement and intent to be bound by these Terms.