IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE and your use of this website IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE exit this website.
This Website Legal Terms and Disclaimer (the “Agreement”) is an agreement between you (“you”) and THE BOARDROOM SNOWBOARD SHOP LTD. (the “Company”, “we”, “us” and “our”). The effective date of this Agreement is when you accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail and that this electronic Agreement shall be the equivalent of a written paper agreement between us.
1. Ownership and Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, photographs, videos, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names (including but not limited to: the reverse “B” beside the “R”, “The Boardroom”, “The Boardroom Snowboard Shop” and “boadroomshop.com”), contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.
2. Permitted Use. The Company hereby grants to you a personal, non-transferable and non-exclusive license to access, read and use the Content solely for the purposes contemplated by this Agreement and our website.
3. Restrictions on Use. You agree that you will not:
i. distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
ii. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
4. License to Use Your Information. With the exception of personal information, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content you provide on or through this websiteor which is sent to the Company by e-mail, chat room, web-log or blog, or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY the COMPANY BY clicking here.
6. Limitations on Liability and Disclaimers.
ALTHOUGH THIS WEBSITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
This website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
The Company will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.
THE CONTENT SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL training in the activities depicted on our website. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL training FROM A QUALIFIED athletic trainer. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL trainer.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITEAND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITEOR MADE AVAILABLE THROUGH THIS WEBSITEARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSE-QUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITEOR THE CONTENT; ANY OTHER WEBSITEACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE.
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
7. Products. The Company shall not liable in any way for the measurements, colors and other descriptions that are attributed to the products sold on this website. Such measurements, colors and descriptions are approximations only and are provided to you for convenience purposes only. You acknowledge that the actual color you see depends on your computer and monitor and their settings, which may not accurately display such colors. We do not do not warrant or guarantee that the products featured on our website will be available to you at any time. You agree to comply with all applicable local, provincial, federal and international laws, including minimum age requirements, in regard to the possession, use and sale of any item purchased from this website. By purchasing one or more products through our website, you represent that such products will be used only in a lawful manner. Any videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and shall not be duplicated.
8. Delivery. All orders will be delivered to the address you provide to us when completing your purchase on this website; provided that address you provide to us is correct and complies with our shipping restrictions contained on our website. All purchases from this website are made pursuant to a shipping contract with carriers. Risk of loss and title for items purchased from this website will pass to you upon delivery of the items by us to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
9. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
10. User Name and Password. In order to make purchases and participate in our promotions and contests you will be required to create an account on our website with a unique user name and password. By creating an account with us you hereby agree as follows:
i. the Company may cancel or suspend your account at any time, for any reason (or no reason), as determined by the Company acting in its sole discretion, without notice or liability to you or any other person;
ii. the Company is under any obligation whatsoever to verify whether your account is being accessed or used by a person other than you;
iii. the Company may at any time require you to provide proof of identification for any person seeking to access and use your account, and the Company may deny access to your account if you fail to provide such proof in a timely manner.
iv. you are fully responsible and liable for the security of your account, user name and password and the use of your account by you or any other person, whether you authorize such use or not.
v. you will notify the Company immediately of any unauthorized use of your account.
vi. the Company assumes no responsibility or liable of any kind whatsoever arising from or related to your failure to keep your account, username or password confidential and secure.
11. Promotions and Contests. All promotions and/or contests provided by the Company through this website are governed by this Agreement, the applicable Contest Rules as well as applicable legislation. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement, the applicable Contest Rules as well as applicable legislation.
12. Termination. This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
13. Indemnity. You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of:
(i) any information or other content you provide on or through this website or by e-mail or other correspondence; or
(ii) your use or misuse of the Content or this website, your breach of this Agreement, including without limitation infringement claims.
14. Governing Law. The Company, this website and the Content (excluding linked web sites or content) are physically located within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, the parties to this Agreement agree to submit to the non-exclusive jurisdiction of the British Columbia courts. The parties to this Agreement expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (British Columbia) as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to this web site, the Content, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Company or its licensors. The parties to this Agreement have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
15. Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
16. Currency. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.
17. Entire Agreement. This Agreement as it may be amended from time to time in accordance with the provisions of Section 18, and any and all other legal notices and policies on this web site, constitute the entire agreement between you and the Company with respect to the use of this website, the purchase of products through this website and the Content.
18. Amendment and Waiver. The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this web site. You are responsible for periodically reviewing the amendments on this website and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
19. Severability. Any provision of this Agreement which is held by a court of competent jurisidiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
20. Enurement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
21. Help. If you any questions or comments, we invite you to contact by email at firstname.lastname@example.org.
Copyright © The Boardroom Snowboard Shop Ltd., 2011, Vancouver, British Columbia, Canada.