Effective Date: August 3, 2026
1. Acceptance of These Terms
Welcome to Neptune Mountaineering. These Terms of Service (“Terms”) govern your access to and use of www.neptunemountaineering.com (the “Site”) and your purchase of products through the Site. The Site is operated by Neptune Mountain LLC, doing business as Neptune Mountaineering (“Neptune,” “we,” “us,” or “our”), located in Boulder, Colorado.
By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, please do not use the Site.
PLEASE READ SECTION 18 CAREFULLY. It contains a binding arbitration provision and class action waiver that affect how disputes between you and Neptune are resolved.
2. Eligibility
You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to make purchases through the Site. By using the Site, you represent that you meet this requirement and that any information you provide to us is accurate and complete. If you use the Site on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf.
3. Customer Accounts
You may create a customer account to view order history, save your information, and check out more quickly. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Please notify us promptly of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts, refuse service, or cancel orders at our discretion, including where we reasonably believe an account is being used in violation of these Terms, in connection with fraudulent or abusive activity, or in a manner that harms Neptune, our staff, or other customers.
4. Products, Pricing & Order Acceptance
Order acceptance. Your order is an offer to purchase. All orders are subject to acceptance by Neptune, and we may accept or decline any order in whole or in part for any reason permitted by law, including suspected fraud, unauthorized payment activity, errors in product or pricing information, or inventory limitations. An order confirmation email acknowledges receipt of your order; a contract is formed only when we ship the ordered item(s) to you. If we cancel an order after your payment has been processed, we will refund the amount charged for the cancelled item(s).
Pricing and errors. We work hard to keep pricing and product information accurate, but errors happen. If an item is listed at an incorrect price or with incorrect information, we reserve the right to cancel any orders placed for that item at the erroneous price, whether or not the order has been confirmed, and to refund any amounts charged. Prices are subject to change without notice and are displayed in U.S. dollars. Applicable taxes and shipping charges are added at checkout.
Product information. We make reasonable efforts to display product colors, specifications, and features accurately. Actual colors and details may vary depending on your device display and manufacturer production changes. Product availability shown on the Site is not guaranteed; inventory is shared with our Boulder retail store, and an item may occasionally become unavailable after an order is placed. If that occurs, we will contact you with options, which may include a comparable alternative or a full refund for the unavailable item.
5. Shipping & Risk of Loss
Shipping methods, carriers, timelines, and charges are described at checkout and on our Shipping page. Delivery timelines are estimates, not guarantees. Title to products and risk of loss pass to you upon our delivery of the shipment to the carrier. For shipments confirmed as delivered by the carrier to the address you provided, please refer to our Stolen or Missing Package Policy for how we handle reported non-receipt.
6. Returns & Exchanges
Returns and exchanges are governed by our Return Policy, which is incorporated into these Terms by reference. Certain items are final sale and not eligible for return, as identified on the product page, at checkout, or in your order confirmation. We reserve the right to decline returns that do not comply with the Return Policy and to limit or refuse returns in cases of suspected abuse of our return process.
7. Promotional Codes & Discounts
From time to time we offer promotional codes and discounts. Unless otherwise stated, promotional codes: are limited to one per order and cannot be combined with other offers; have no cash value and cannot be applied to previous purchases, gift cards, taxes, or shipping; may exclude certain brands, products, or categories; and may be modified, suspended, or revoked at any time, including where we suspect misuse, unauthorized distribution, or fraudulent redemption. Promotional pricing applies only for the stated promotional period.
8. Gift Cards
Gift cards are redeemable for merchandise on the Site or in our Boulder store and are not redeemable for cash except where required by law. Gift cards are not returnable, and we are not responsible for lost, stolen, or unauthorized use of gift card codes.
9. Intellectual Property
The Site and all of its content — including product descriptions, editorial content, photography, videos, graphics, logos, trademarks, page layouts, and underlying code — are owned by Neptune or our licensors and are protected by copyright, trademark, and other intellectual property laws. The Neptune Mountaineering name and logo are trademarks of Neptune.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial shopping purposes. No content from the Site may be copied, reproduced, republished, scraped, distributed, or used for any commercial purpose — including training machine-learning models or populating third-party product catalogs — without our prior written permission.
10. Prohibited Uses
You agree not to use the Site to:
- Violate any applicable law or regulation, or infringe the rights of Neptune or any third party;
- Place orders using false, fraudulent, or unauthorized payment information, or misrepresent your identity;
- Access the Site using bots, scrapers, crawlers, or other automated means, or harvest data from the Site, without our written permission;
- Purchase products for unauthorized resale, or circumvent quantity limits or promotional restrictions;
- Interfere with the security, integrity, or performance of the Site, or attempt to gain unauthorized access to any systems, accounts, or data;
- Upload or transmit malicious code, or engage in any activity that imposes an unreasonable load on our infrastructure.
We may investigate suspected violations, cancel related orders, suspend or terminate access, and cooperate with law enforcement where appropriate.
11. Third-Party Links & Services
The Site may contain links to third-party websites, services, or content — including manufacturer sites, payment processors, and shipping carriers — that we do not own or control. We are not responsible for the content, policies, or practices of any third party, and a link does not imply our endorsement. Your use of third-party services is governed by their own terms and privacy policies, which we encourage you to review.
12. Accessibility
Neptune Mountaineering welcomes all, and we are committed to making the Site usable by the widest possible audience, including people who use assistive technologies. Our accessibility efforts are ongoing and are described in our Accessibility Statement. If you encounter difficulty using any part of the Site, or if you need assistance completing a purchase, please contact us at info@neptunemountaineering.com or (303) 499-8866 and we will work with you promptly to provide the information or transaction you need through an alternative method. If you experience an accessibility barrier, we ask that you notify us using the contact information above and give us a reasonable opportunity to address it before pursuing any other remedy.
13. Electronic Communications & Marketing
When you use the Site, place an order, or email us, you consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that such communications be in writing. Transactional messages (such as order confirmations and shipping notices) are sent as part of fulfilling your order.
If you sign up for our email list or opt in to marketing messages, you consent to receive recurring marketing communications from Neptune. Consent to marketing messages is not a condition of purchase. You may opt out at any time using the unsubscribe link in any marketing email or, for text messages, by following the opt-out instructions in the message. Message and data rates may apply to text messages.
14. Product Use & Assumption of Risk
Neptune sells equipment and apparel for climbing, skiing, mountaineering, hiking, camping, and other outdoor activities. These activities involve inherent and significant risks, including serious injury and death, that equipment cannot eliminate. You are solely responsible for: learning and using proper techniques; obtaining qualified instruction where appropriate; selecting products suitable for your intended use, ability, and conditions; and inspecting, using, maintaining, and retiring products in accordance with the manufacturer's instructions and warnings.
Product descriptions, staff recommendations, gear guides, and other content on the Site are provided for general information and do not replace manufacturer instructions, professional instruction, or your own judgment. By purchasing products through the Site, you acknowledge these inherent risks and assume full responsibility for the selection and use of the products you purchase.
15. Disclaimer of Warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
Products purchased through the Site may be covered by a manufacturer's warranty. To the fullest extent permitted by law, Neptune disclaims all warranties with respect to products other than those expressly provided by the manufacturer, and any implied warranties that cannot be disclaimed are limited in duration to the shortest period permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEPTUNE AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR COSTS OF SUBSTITUTE GOODS — ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NEPTUNE FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
17. Indemnification
You agree to indemnify, defend, and hold harmless Neptune and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: your violation of these Terms; your misuse of the Site; your violation of any law or the rights of a third party; or your use or misuse of products purchased through the Site, except to the extent caused by a defect in the product itself.
18. Dispute Resolution — Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal resolution first. Before initiating any arbitration or court proceeding, you agree to first contact us at info@neptunemountaineering.com with a written description of your claim and give us sixty (60) days to work with you toward an informal resolution. Most concerns can be resolved quickly this way.
Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or products purchased through the Site that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in Boulder County, Colorado, or remotely by videoconference, or in another mutually agreed location. Judgment on the arbitration award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.
Exceptions. Either party may (a) bring an individual claim in small claims court in a jurisdiction where it may properly be brought, or (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property rights or unauthorized access to the Site.
Class action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, and the remainder of this Section remains in effect.
Opt-out right. You may opt out of this arbitration agreement by emailing info@neptunemountaineering.com within thirty (30) days of first accepting these Terms, stating your name, the email associated with your account or order, and your intent to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
19. Governing Law & Venue
These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Colorado and applicable federal law, without regard to conflict of law principles. For any claim not subject to arbitration, you and Neptune consent to the exclusive jurisdiction and venue of the state courts located in Boulder County, Colorado, and the United States District Court for the District of Colorado.
20. Changes to These Terms
We may modify these Terms from time to time. The “Effective Date” above reflects the most recent version. If a change is material, we will provide reasonable advance notice, such as by posting a notice on the Site, before the new terms take effect. Changes apply prospectively; orders are governed by the Terms in effect when the order was placed. By continuing to use the Site after revised Terms take effect, you agree to be bound by them.
21. Severability, Waiver & Entire Agreement
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with the policies they incorporate by reference (including our Privacy Policy, Return Policy, and Accessibility Statement), constitute the entire agreement between you and Neptune regarding the Site and supersede any prior agreements regarding the Site. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
22. Contact Us
Questions about these Terms? Contact us at info@neptunemountaineering.com or by mail at Neptune Mountain LLC, d/b/a Neptune Mountaineering, 633 S Broadway Unit A, Boulder, CO 80305.