Your use of skiandwake.com (“Site”) and/or and the information, content, products, and services available through the Site is subject the following terms and conditions (“Terms and Conditions”). By accessing, using, and/or purchasing any product from the Site you agree to be bound by the Terms and Conditions. Do not use, access, or purchase any product from this Site if you do not intend to be legally bound by the Terms and Conditions. The owner of the Site, its employees, members, independent contractors, and/or its affiliates (collectively, the “Company”) reserve the right to change the Terms and Conditions and/or the products or services offered on the Site without notice or liability at anytime. The Company also reserves the right to deny anyone access to the Site at anytime for any reason.
Intellectual Property
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, create a derivative work out of, or otherwise use the contents of this Site for public or commercial purposes without the Company’s express written permission. Nothing on this Site shall be construed grant the user any license for the use of any intellectual property rights, whether by estoppel, implication, or otherwise.
All software contained in this site, including but not limited to all HTML code and Active X controls, is owned by the Company. Any reproduction or redistribution of the software is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent allowed by law.
Unlawful or Prohibited Use
You may not use the Site for any unlawful purpose, in any way which depletes Site resources, slows the transferring or loading of any page, and/or interferes with the normal operation of the Site.
You may not use any robot, spider, other automatic device, and/or manual process to monitor or copy this Site or the content contained therein or for any other unauthorized purpose. You also agree not to use any device, software, and/or routine to interfere with or attempt to interfere with the proper working of this Site or any activities conducted thereon. The Company reserves the right to investigate any illegal and/or unauthorized use of this Site and to take appropriate legal action.
Links to Other Sites
The Site may contain hyperlinks or references to other sites. The Company takes no responsibility for the information, content, products, and/or services contained and/or offered on other sites and will not be liable for any damages arising out of your access of those sites. Any links on the Site are provided for your convenience and the inclusion of such links does not imply that the Company endorses the linked sites, their content, and/or the persons and/or entities operating those sites. By using any link appearing on the Site you assume sole responsibility for any damages arising out of such use.
Communication and Personal Information
Except as provided in the privacy policy listed on the Site (“Privacy Policy”) your communications with the Company by way of e-mail or otherwise are not confidential. Subject to the terms of the Privacy Policy, the Company may publish, reproduce, and/or otherwise use any information it has collected or obtained from you.
Your Representations and Warranties
By accessing and using the Site you represent and warrant you are 18 years of age or older and possess the legal right and capacity to agree to be bound by the Terms and Conditions. You accept financial responsibility for all use of the Site under your name or account, including but not limited to, use of this Site by any minors living with you. You further agree to supervise all minors over the age of 13 who use this Site under your name. Additionally, you agree you will not permit any minor age 13 or younger to use this Site under your name.
The Company’s Warranties and Liability
The information, articles, data, images, passwords, screens, text, web pages, additional materials, software, descriptions of products and/or services, products, services, and all other content published by, appearing on, and/or provided by this web site (the “Content”) may include inaccuracies or typographical errors. The Company makes no representations or warranties as to the Content’s completeness or accuracy, as to the Content’s suitability for any purpose whatsoever, or that use of the Content will not infringe upon the intellectual property rights of third parties. The Company may alter, remove, remove, and/or change the Content without notice at any time.
ANY USE OF THIS WEB SITE IS DONE AT THE USER’S OWN RISK. THE CONTENT OF THE WEB SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT PROVIDED BY THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, ECONOMIC, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE, DELAY OR INABILITY TO USE THIS WEBSITE, ANY CONTENT OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE, AND ANY PRODUCTS AND/OR SERVICES PROVIDED BY THIS WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER EXCLUDES LIABILITY ARISING OUT OF THE COMPANY’S GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT.
YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL BEFORE USING ANY PRODUCT REFERENCED ON THIS SITE.
The Company shall not be liable for any damage caused by a virus, or damage caused in any other way, to your programs, data, computer equipment, and/or other property due to your accessing, browsing, or using the SITE or your downloading of any audio file, data, images, materials, pictures, text, or video from the SITE. The Company provides certain goods, products, and/or services in many parts of the world that may not be available in all geographic locations.
Money Back Guaranty
No Money-Back Guaranty has been expressed or implied.
Indemnification
By using this Site you agree to indemnify the Company for any and all liabilities, expenses, attorneys’ fees, and/or damages arising out of your use of the Site, excluding those liabilities arising out of the Company’s gross negligence or intentional misconduct.
Legal
The Terms and Conditions shall be interpreted in accordance with the laws of the State of Wyoming without respect to conflict of laws. You and the Company agree any litigation or dispute arising out of the Terms and Conditions shall be brought exclusively in the state courts of Wyoming or any Federal Court sitting in Wyoming, to whose jurisdiction you hereby irrevocably consent. The prevailing party in any dispute arising out of the Terms and Conditions shall be entitled to an award of reasonable costs and attorneys fees actually incurred.
To the fullest extent permitted by applicable law, no arbitration or claim under the Terms and Conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former user of our services, and no class arbitration proceedings shall be permitted.
If any provision of the Terms and Conditions shall be held invalid or inapplicable to any circumstance or in any jurisdiction, such invalidity or inapplicability shall not affect any other provision hereof which can be given effect without regard to the invalid provision.
Any failure or delay of the Company to assert any rights or remedies it may have under the Terms and Conditions shall not constitute a waiver of the Company’s rights and remedies. Any rights not expressly granted by the Company are reserved.