TERMS
AND CONDITIONS
OF USE
OF
FREESTYLE-SNOWBOARDING-TIPS .COM
Welcome
to Freestyle-Snowboarding-Tips.com You should carefully
read the following Disclaimer and Terms of Service Agreement
(“Agreement”)
before using the website Freestyle-Snowboarding-Tips.com
(“Site”) and our
services (“Services”).
Disclaimer for
Freestyle-Snowboarding-Tips.com
All
the information contained in our eBooks is the opinion of
the author(s) and should be treated as a guide only.
Snowboarding
is a potentially dangerous sport. Do not attempt
to perform any of the exercises, tricks, or manuevers in our eBooks
without
consulting your doctor.
The
snowboarding techniques in our eBooks should not be used in
place of lessons taught by a professionally certified snowboarding
instructor.
Do
not try advanced maneuvers or explore unpatrolled areas
without appropriate expert guidance, proper training and correct
equipment.
The
authors, publishers, and marketers of our eBooks accept no
responsibility for any inconvenience, accident, loss and/or death
sustained by
any person using the advice given in our eBooks or in our website. The
information in our site and in our eBooks is for informational purposes
only.
Terms of Service
Agreement (“Agreement”)
1.
BINDING EFFECT. This is a legally binding agreement. By
using the Site or any Services provided in connection with the Site,
you agree
to abide by these Terms of Use, as they may be amended by Big Air
Marketing Inc.
(“Company”) from time to time in its sole
discretion and without specific
notice to you. Company will post a notice on the Site any time these
Terms of
Use have been changed or otherwise updated. It is your responsibility
to review
these Terms of Use periodically, and if at any time you find these
Terms of Use
unacceptable, you must immediately leave the Site and cease all use of
the
Service and the Site. This Agreement constitutes the entire and only
agreement
between us and you, and supersedes all prior or contemporaneous
agreements,
representations, warranties and understandings with respect to the
Site, the
content, products or services provided by or through the Site, and the
subject
matter of this Agreement.
2.
PRIVACY POLICY. Company respects your privacy and permits
you to control the treatment of your personal information. A complete
statement
of Company’s current privacy policy can be found on the site
from the Privacy
Policy Link. The Company’s privacy policy is expressly
incorporated into this
Agreement by this reference.
3.
USER INFORMATION. If you are required to open an account to
use or access the Site or Service, you may be asked to complete the
registration process by providing the complete and accurate information
requested on the registration form. You may also be asked to provide a
user
name and password. You are entirely responsible for maintaining the
confidentiality of your password. You may not use the account,
username, or
password of someone else at any time. You agree to notify Company
immediately
on any unauthorized use of your account, user name, or password.
Company shall
not be liable for any loss that you incur as a result of someone else
using
your password, either with or without your knowledge. You may be held
liable
for any losses incurred by Company, its affiliates, officers,
directors,
employees, consultants, agents, and representatives due to someone
else’s use
of your account or password.
4. CONSENT TO RECEIVE EMAIL. If you sign up for any Company newsletter,
or if
you purchase any Company product or service, you hereby consent to
receive
periodic email communications from Company regarding customer service
issues,
new product offers and other matters.
5.
USE OF Freestyle-Snowboarding-Tips.com
Intellectual Property.
The Company
may make certain files, images, video, audio, or e-books available to
you from
the Site. This information including all files and images, and
accompanying
data are deemed to be licensed to you by Company, for your personal,
noncommercial, home use only. Company does not transfer either the
title or the
intellectual property rights to you, and Company retains full and
complete
title to all intellectual property rights therein. You may not sell,
redistribute, or reproduce the Intellectual Property, nor may you
decompile,
reverse-engineer, disassemble, or otherwise convert the Intellectual
Property
to a human-perceivable form without written consent of a duly
authorized
representative of the Company.. All trademarks and logos are owned by
Company
or its licensors and you may not copy or use them in any manner.
6.
REFUND & RETURN POLICY. All purchases of digital
products through the Site, including eBooks, may be refunded with a
thirty days.
After thirty days, all purchases are final.
7.
COPYRIGHT INFRINGEMENT. Company has in place certain legally
mandated procedures regarding allegations of copyright infringement
occurring
on the Site or with the Service. Company has adopted a policy that
provides for
the immediate suspension and/or termination of any Site or Service user
who is
found to have infringed on the rights of Company or of a third party,
or
otherwise violated any intellectual property laws or regulations.
Company’s
policy is to investigate any allegations of copyright infringement
brought to
its attention. If you have evidence, know, or have a good faith belief
that
your rights or the rights of a third party have been violated and you
want
Company to delete, edit, or disable the material in question, you must
provide
Company with all of the following information: (a) a physical or
electronic
signature of a person authorized to act on behalf of the owner of the
exclusive
right that is allegedly infringed; (b) identification of the
copyrighted work
claimed to have been infringed, or, if multiple copyrighted works are
covered
by a single notification, a representative list of such works; (c)
identification of the material that is claimed to be infringed or to be
the
subject of infringing activity and that is to be removed or access to
which is
to be disabled, and information reasonably sufficient to permit Company
to
locate the material; (d) information reasonably sufficient to permit
Company to
contact you, such as an address, telephone number, and if available, an
electronic mail address at which you may be contacted; (e) a statement
that you
have a good faith belief that use of the material in the manner
complained of
is not authorized by the copyright owner, its agent, or the law; and
(f) a
statement that the information in the notification is accurate, and
under
penalty of perjury, that you are authorized to act on behalf of the
owner of an
exclusive right that is allegedly infringed. For this notification to
be
effective, you must provide it to Company’s designated agent
at:
DMCA
Agent
Big Air Marketing Inc.
302C, 1115 Craigflower Rd.
Victoria, BC.
1-250 -213-2184
podcastpro@shaw.ca
8.
ALLEGED VIOLATIONS. Company reserves the right to terminate
your use of the Service and/or the Site. To ensure that Company
provides a high
quality experience for you and for other users of the Site and the
Service, you
agree that Company or its representatives may access your account and
records
on a case-by-case basis to investigate complaints or allegations of
abuse,
infringement of third party rights, or other unauthorized uses of the
Site or
the Service. Company does not intend to disclose the existence or
occurrence of
such an investigation unless required by law, but Company reserves the
right to
terminate your account or your access to the Site immediately, with or
without
notice to you, and without liability to you, if Company believes that
you have
violated any of the Terms of Use, furnished Company with false or
misleading
information, or interfered with use of the Site or the Service by
others.
9.
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE
SERVICE AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS IS” AND “AS
AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY
EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE,
INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT
THE SITE
OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SITE OR
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND
SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE.
10.
LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY
BE LIABLE
FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PERSONAL
INJURY,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR WAGES,
OR LOST
DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF
OR IN
CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS (INCLUDING
E-BOOKS)
OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY
REGARDLESS
OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY
OTHER
LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO
YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY
FOR OUR
SERVICES OVER THE COURSE OF YOUR USE OF THE SITE. THE NEGATION OF
DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT
EXPRESSLY STATED IN THIS AGREEMENT.
11.
AFFILIATED SITES. Company has no control over, and no
liability for any third party websites or materials. Company works with
a
number of partners and affiliates whose Internet sites may be linked
with the
Site. Because neither Company nor the Site has control over the content
and
performance of these partner and affiliate sites, Company makes no
guarantees
about the accuracy, currency, content, or quality of the information
provided by
such sites, and Company assumes no responsibility for unintended,
objectionable, inaccurate, misleading, or unlawful content that may
reside on
those sites. Similarly, from time to time in connection with your use
of the
Site, you may have access to content items (including, but not limited
to,
websites) that are owned by third parties. You acknowledge and agree
that
Company makes no guarantees about, and assumes no responsibility for,
the
accuracy, currency, content, or quality of this third party content,
and that,
unless expressly provided otherwise, these Terms of Use shall govern
your use
of any and all third party content.
12.
PROHIBITED USES. Company imposes certain restrictions on
your permissible use of the Site and the Service. You are prohibited
from
violating or attempting to violate any security features of the Site or
Service, including, without limitation, (a) accessing content or data
not
intended for you, or logging onto a server or account that you are not
authorized to access; (b) attempting to probe, scan, or test the
vulnerability
of the Service, the Site, or any associated system or network, or to
breach
security or authentication measures without proper authorization; (c)
interfering or attempting to interfere with service to any user, host,
or
network, including, without limitation, by means of submitting a virus
to the
Site or Service, overloading, “flooding,”
“spamming,” “mail bombing,” or
“crashing;” (d) using the Site or Service to send
unsolicited e-mail,
including, without limitation, promotions, or advertisements for
products or
services; (e) forging any TCP/IP packet header or any part of the
header
information in any e-mail or in any posting using the Service; or (f)
attempting to modify, reverse-engineer, decompile, disassemble, or
otherwise
reduce or attempt to reduce to a human-perceivable form any of the
source code
used by Company in providing the Site or Service. Any violation of
system or
network security may subject you to civil and/or criminal liability.
13.
INDEMNITY. You agree to indemnify Company for certain of
your acts and omissions. You agree to indemnify, defend, and hold
harmless
Company, its affiliates, officers, directors, employees, consultants,
agents,
and representatives from any and all third party claims, losses,
liability,
damages, and/or costs (including reasonable attorney fees and costs)
arising
from your access to or use of the Site, your violation of these Terms
of Use,
or your infringement, or infringement by any other user of your
account, of any
intellectual property or other right of any person or entity. Company
will
notify you promptly of any such claim, loss, liability, or demand, and
will
provide you with reasonable assistance, at your expense, in defending
any such
claim, loss, liability, damage, or cost.
14.
GOVERNING LAW. This Terms of Use Agreement shall be treated
as though it were executed and performed in British Columbia, Canada,
and shall
be governed by and construed in accordance with the laws of British
Columbia,
Canada (without regard to conflict of law principles). Any cause of
action by
you with respect to the Site (and/or any information, products or
services
related thereto) must be instituted within one (1) year after the cause
of
action arose or be forever waived and barred. All actions shall be
subject to
the limitations set forth in above. The language in this Agreement
shall be
interpreted as in accordance with its fair meaning and not strictly for
or
against either party. All legal proceedings arising out of or in
connection
with this Agreement shall be brought solely in Victoria,
British Columbia, Canada.
You expressly submit to the exclusive jurisdiction of said courts and
consent
to extraterritorial service of process.
15.
SEVERABILITY; WAIVER. If, for whatever reason, a court of
competent jurisdiction finds any term or condition in these Terms of
Use to be
unenforceable, all other terms and conditions will remain unaffected
and in
full force and effect. To the extent that anything in or associated
with the
Site is in conflict or inconsistent with this Agreement, this Agreement
shall
take precedence. No waiver of any breach of any provision of these
Terms of Use
shall constitute a waiver of any prior, concurrent, or subsequent
breach of the
same or any other provisions hereof, and no waiver shall be effective
unless
made in writing and signed by an authorized representative of the
waiving
party.
16.
NO LICENSE. Nothing contained on the Site should be
understood as granting you a license to use any of the trademarks,
service marks,
or logos owned by Company or by any third party.
17.
MODIFICATIONS. Company may, in its sole discretion and
without prior notice, (a) revise these Terms of Use; (b) modify the
Site and/or
the Service; and (c) discontinue the Site and/or Service at any time.
Company
shall post any revision to these Terms of Use to the Site, and the
revision
shall be effective immediately on such posting. You agree to review
these Terms
of Use and other online policies posted on the Site periodically to be
aware of
any revisions. You agree that, by continuing to use or access the Site
following notice of any revision, you shall abide by any such revision.
18.
ACKNOWLEDGEMENT. BY
ACCESSING THE SITE, USING THE SERVICE OR ANY INFORMATION PROVIDED OR
SOLD BY
THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND
AGREE TO
BE BOUND BY THEM. YOU ACKNOWLEDGE THAT SNOWBOARDING IS A HIGH RISK
SPORT AND
RELEASE THE COMPANY, IT’S AFFILIATES, EMPLOYEES, DIRECTORS,
AND CONTRIBUTORS
FROM ANY AND ALL LIABILITY OR DAMAGES WHICH MAY ARISE FROM YOUR USE OF
INFORMATION, TRAINING TECHNIQUES, TIPS, OR ANY OTHER MATERIALS
AVAILABLE FROM
THE SITE OR E-BOOKS PURCHASED FROM THE COMPANY.
