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T & C
Conditions of
Use
Terms
and Conditions of Use Agreement
PLEASE
READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. We maintain this web site as a service to our
customers, and by using our site you are agreeing to comply with and
be bound by the following terms of use. Please review the following
terms and conditions carefully, and check them periodically for
changes. If you do not agree to the terms and conditions, you should
not review information or obtain goods, services or products from
this site.
PLEASE
NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.K. RESIDENT IN ORDER
TO PARTICIPATE ON OUR SITE.
Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (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. This Agreement may
be amended by us at any time and from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of
any right in such information and materials.
Fraud:
By becoming a member, you confirm that the information provided in
this form is true and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership can
be cancelled without notice if it is determined that false or
misleading information has been provided, the Terms and Conditions
of use have been violated, or other abuses have occurred as
determined by A.K.A. Snowskate in its sole discretion.
If membership has been revoked, A.K.A. Snowskate reserves
the right to refuse application or readmission to the membership
program.
Limited
Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
Editing,
Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site, including this Agreement, without
further notice to users of the Site.
Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of
this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents is not
transferable and may only be used by you.
Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). 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. IN
PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. 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.
Limits.
All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price you pay
for any goods, services or information.
Use
of Information. We reserve the right, and you authorize us,
to the use and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent
with our Privacy Policy.
Third-Party
Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase
or otherwise obtain certain goods or services. You understand that
we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants.
YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
Third-Party
Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you
while on such sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any
representations or commitments on behalf of the other.
Privacy
Policy. Our Privacy Policy, as it may change from time to
time, is a part of this Agreement.
Payments.
You represent and warrant that if you are purchasing something from
us or from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred by you
will be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
shipping fees and applicable taxes.
Securities
Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as
well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on
our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall
within securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall not
be deemed to be, incorporated into any of our securities-related
filings or documents.
Links
to Other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
Submissions.
All suggestions, ideas, notes, concepts and other information you
may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be
subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and
hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the
Submissions for any purpose, without compensation to the provider of
the Submissions.
Return
Policy. Due to the nature of our online site, and the
products listed, we have a strict NO RETURN policy for any product.
No product shall be able to be returned for a like item, or for a
cash refund.
Venue;
Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF
THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH
USE, SHALL BE LITIGATED IN THE UNITED KINGDOM
. YOU ARE EXPRESSLY
SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY
ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY
CLAIM THAT THE UNITED KINGDOM IS AN INCONVENIENT
FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. As such, the laws
of the United Kingdom will govern the terms and conditions contained
in this Agreement and elsewhere throughout the Site, without giving
effect to any principles of conflicts of laws.
Lapsed
Accounts: In order to keep A.K.A. Snowskate
membership roster current, if a Member does not access his or her
account for a period of 180 days or more, A.K.A. Snowskate
may, in its sole discretion, terminate such Member's
account. A.K.A. Snowskate will endeavor to notify a
Member of A.K.A. Snowskate intent to terminate such
Member's account by notice to such Member's provided email address
at least 180 days prior to deactivation. If the Member fails to
respond to such email notice with 180 days after the day it is sent
by A.K.A. Snowskate, such Member's account will be terminated as
noted above. Therefore, A.K.A. Snowskate strongly
recommends that all Members keep their accounts and contact data
current and in use. While A.K.A. Snowskate desires to prevent active
accounts from being terminated prematurely, A.K.A. Snowskate
has no obligation to maintain accounts that appear to A.K.A.
Snowskate to have been abandoned. Each Member agrees
that failure to access his or her account for 180 days or more
conclusively indicates that such Member's account has been abandoned
and that the account may therefore be terminated.
Verify
Members' Address: A.K.A. Snowskate reserves the right to
contact a Member via email to verify the accuracy of account
information (including the Member's correct name and address) that
is needed to provide the Member with the information he or she
requested from A.K.A. Snowskate.
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