Terms and Conditions
Terms and Conditions
1. Acceptance of Terms
1.1. AJMaynard Enterprises, LLC, a California limited liability company, referred to as the Ski System (hereinafter, "the Ski System", “Company”, "us”, or “we”), makes available the website www.getskisystem.com (the “Site”), providing information and functionality for viewing and participating in online fitness and training programs, instruction, online retail store services featuring goods related to fitness training, fitness, and recovery, and related services (“Services”), subject to the user's compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreements between the Site and the users.
1.2. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3. As used in these Terms, references to our “Affiliates” include our owners, shareholders, licensees, assigns, subsidiaries, affiliated companies, officers, directors, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site.
1.4. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS, IS TO CEASE USING THE SITE.
a. The Site is not intended or directed to children under 13. We do not knowingly collect personal information from children under 13 nor is that THE SKI SYSTEM's intention. If you become aware that a child has provided us with personal information without parental consent, please contact us at and we will take steps to remove such information and terminate the child's account.
2.1. Offerings. The Ski System provides a number of Offerings for users on its
Site, including, but not limited to, recorded online ski instructional media, online retail store services featuring goods related to ski training, fitness, and recovery, and related functionality.
2.2. No Guarantee. Although the Ski System works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
2.3. Purchase Policies. Please refer to our Purchase Policies for the terms, conditions, and policies applicable to your ordering and purchasing of products from the Site as well as returns, exchanges and shipping of products ordered from the Site. Our Purchase Policies apply to all purchases or orders made as a result of using the Site, and by ordering or purchasing products through the Site, you acknowledge and agree to the policies contained in the Purchase Policies. Please review our Purchase Policies for any changes before any purchase as we reserve the right to change the Purchase Policies at any time. If you have any questions regarding our Purchase Policies, please contact us at firstname.lastname@example.org.
2.4. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "AS IS", unless otherwise indicated on or with the specific Offering, and that we assume no responsibility for the timeliness, deletion, mis-delivery, rejected/returned payment, or failure to store any user communications, material posted by you, or personalization settings.
2.5. Tax Implications. The Ski System sends Offerings at your direction and based on your direct and indirect selections. Please consult your tax professional or your federal, state, and local tax authorities for any tax implications that may arise. You are solely responsible for paying any applicable taxes.
2.6. Refunds and Returns. Purchased Offerings may be returned pursuant to the Ski System’s Return/Refund Policy.
3. Information, Education, and Purchasing Purposes Only
3.1. All information provided on the Site is for informational, educational, and purchasing purposes only. We do invite you to bring to our attention any material on the Site that you believe to be factually inaccurate; please forward a copy of such material and the reasons for your belief to email@example.com.
3.2. You understand and acknowledge that we cannot promise or guarantee specific results from using the Site. Further, as comments, data, and information may be posted or communicated by other users of the Site, we are not responsible for their content or services referenced, offered, or recommended.
3.3. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You agree that the information available through this Site is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
4. Third-Party Sites and Information. This Site may feature or link to other websites on the Internet, or may otherwise include references to subject matter or services made available by unaffiliated third parties. You understand that we are not responsible for the accuracy, completeness, decency, or legality of material hosted by third party websites or statements made by third parties, nor are we responsible for errors or omissions in any references made on those websites or by said third parties. The inclusion of such a feature, link, or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or any party by us, or any warranty of any kind, either express or implied.
You understand and agree that your correspondence, communication, or business dealings with, or participations with, third parties found on or through the Site, including payment and performance of services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between users and the said third parties. You agree that THE SKI SYSTEM shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such third parties on the Site.
The Site, or third parties including other users of the Site, may provide links to other websites or resources. THE SKI SYSTEM has no control over these websites and content and therefore you acknowledge that THE SKI SYSTEM is not responsible for the availability of such links, resources, and content, and does not endorse and is not responsible or liable for any content, advertising, products, services, subject matter, or other materials made available on or from these linked web sites. You also acknowledge and agree that THE SKI SYSTEM is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to the use of content, or services, offered through these links, or for any intellectual property or other third-party claims relating to your posting or using such links.
5. Site Conduct, Posting Policies & Third-Party Websites
5.1. Forum Functions and Purpose. You understand that THE SKI SYSTEM does not sell, inspect, endorse, or provide any of the reviews/feedback, opinions, services, or goods recommended or referenced through the Site by users. THE SKI SYSTEM merely provides the user with information and functionality for viewing and participating in recorded online ski instruction, online retail store services featuring goods related to ski training, fitness, and recovery; services, goods, and subject matter recommended, featured, and/or communicated to you on the Site by users may be offered, provided, and sold directly by independent service/goods providers and businesses, so THE SKI SYSTEM cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to a service you purchase or acquire from a third party must be brought directly against said party. You release THE SKI SYSTEM from any claims related to goods or services sold or acquired from a third party through use of our Services, including any claims for breach of contract or agreement, misrepresentations by said providers, or any other claim arising out of or related to goods, services, or subject matter referenced on the Site by a third party or user.
5.2. User-Created Submissions Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, information, or other media or material that you upload or submit to the Site (“Submissions”). By transmitting Submissions, you agree that you will not transmit or upload any Submissions that:
i. Are unlawful, threatening, abusive, harassing (including but not limited to “trolling”), defamatory, deceptive, inaccurate, false, fraudulent, tortious, vulgar, invasive of another's privacy, or include graphic descriptions of sexual or violent content;
ii. Contain violent, nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content, as deemed by THE SKI SYSTEM;
iii. Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals, in any way, as deemed by THE SKI SYSTEM;
v. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including that of any other user;
vi. Contain any form of malicious code, files, programs, or other data or content that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;
vii. Breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of this Site, or attempt to gain access to other network or server;
viii. Impersonate any person or entity, including any other users or our employees or representatives;
ix. Promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;
x. You know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose;
xi. Feature other users without their written consent;
xii. Data mine or use THE SKI SYSTEM to collect usernames, e-mail addresses, or other user data by electronic or other means;
xiii. Offer to sell any goods or services or advertise any goods or services for any purpose in any forum, without THE SKI SYSTEM’s written authorization.
Please note that the list above is not exhaustive. THE SKI SYSTEM reserves the right, without notice and in its sole discretion, to block your use of or prevent your future access to the Site and any of services upon its determination that you have engaged in or are engaging in a forbidden activity, whether or not such activity is listed above.
5.3. No Endorsement. We neither endorse nor assume any liability for any Submissions submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display any and all Submissions in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.
THE SKI SYSTEM merely provides the user with information and functionality for viewing and participating in recorded online ski instruction, online retail store services featuring goods related to ski training, fitness, and recovery, and related functionality. As such, THE SKI SYSTEM cannot verify the accuracy, usefulness, or safety of any Submissions and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against THE SKI SYSTEM with respect thereto, and agree to indemnify and hold THE SKI SYSTEM, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. If you have a dispute with one or more users, you agree to release THE SKI SYSTEM (and our owners, shareholders, officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands, and damages, in any way connected with the dispute.
5.4. No Medical Advice or Opinion. THE SKI SYSTEM provides the functionality for viewing and participating in recorded online ski instruction, online retail store services featuring goods related to ski training, fitness, and recovery, and related functionality, and said instruction is designed FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION, AND IS NOT INTENDED TO BE MEDICAL ADVICE OR OPINION. Neither THE SKI SYSTEM nor the Company are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical or health professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE SKI SYSTEM.
YOU SHOULD CONSULT YOUR PHYSICIAN OR HEALTH PROFESSIONAL BEFORE BEGINNING ANY NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL DUE TO MATERIAL OR SUBMISSIONS YOU MAY HAVE READ OR HEARD ON THE SITE. THE USE OF INFORMATION PROVIDED THROUGH THE SKI SYSTEM IS SOLELY AT YOUR OWN RISK.
Do not engage in THE SKI SYSTEM sessions if your physician or medical professional has instructed you not to engage in an exercise program. You should stop your workout and contact your physician if you experience any of the following symptoms: overheated, dizziness, fainting, fatigue, shortness of breath, or chest pain.
Research developments may impact the health and nutritional information that appears in the Site. No assurance can be given that the information contained on the Site will always include the most recent developments.
5.5. Personal Safety. THE SKI SYSTEM strongly advises you to use extreme caution before sharing personally identifiable information with service providers featured by the Site, any entity found through use of the Site, or any users of the Site. Whether to contact another party is at your sole discretion and you do so at your own risk. THE SKI SYSTEM does not conduct criminal background checks on or any screenings of its users, entities, or service providers listed on the Site. THE SKI SYSTEM also does not inquire into the backgrounds of its members or users, featured individuals/entities, or service providers, or attempt to verify the statements of its users or featured service providers, but reserves the right to conduct any criminal background check or other screenings at any time and using available public records. You represent that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
The nature of the Site promotes communication between users and the exchange of information, which may include personal information. THE SKI SYSTEM cannot and does not assure that it is safe for you to have direct contact with other users of the Site or other individuals or entities found with the use of the Site. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user or business featured on the Site is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via firstname.lastname@example.org so that we may take appropriate action to block further use of the Site by any user who is using the Site and information obtained from it for improper purposes.
5.6. Refunds. THE SKI SYSTEM allows users to view and participate in online exercise instruction and related functionality; these services featured and offered are provided with no refunds, except where required by law.
Certain refund requests for goods purchased through the Site’s online retail store may be considered by THE SKI SYSTEM on a case-by-case basis and granted at the sole discretion of THE SKI SYSTEM. Refund requests are to be submitted by e-mail to email@example.com, and users are responsible for all shipping costs.
THE SKI SYSTEM does not warrant, guarantee, or assume responsibility for any service or goods advertised or featured on the Site by other users. While recommendations may be made by THE SKI SYSTEM and other users, users communicate and purchase services or goods from other users or parties at their own risk. Any dispute between users or parties must be resolved between the users or parties.
6. The Company’s Intellectual Property
6.1. Content. For purposes of these Terms, “content” is defined as any information, data, communications, or other materials that can be viewed by users on our Site and is owned by us, our Affiliates, or our licensors including, but not limited to, the Company’s trademarks and service marks.
6.2. Ownership of Content. All content on the Site is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Any use of the content other than as permitted by these Terms or any other unauthorized use of the content may make you liable to us or our licensors for violation of intellectual property rights.
6.3. Site Use. We grant you a limited, revocable, nonexclusive license to use the content on the Site solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products, or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
6.4. No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
6.5. Trademarks. Our trademarks or service marks include, but are not limited to, THE SKI SYSTEM and any related logos. All custom graphics, icons, logos and service names are trademarks or service marks of our Company or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name, or those of our Affiliates and our licensors.
7. Your Intellectual Property
7.2. Copyright Notice. We respect the intellectual property rights of others and we ask you to do the same. In instances where we are notified of alleged infringing content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you believe that you or someone else's copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should notify us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii. The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);
iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in Section 7.2(ii) is not authorized by the copyright owner, its agent, or the law;
v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi. The Rights Holder's signature or electronic signature.
Notice may be sent to our Designated Agent at: firstname.lastname@example.org
7.3. Removal of Content. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
8. Privacy & Security
8.1. Login Required. In order to the access the services of this Site, or to post Submissions, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
8.2. Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
In order to purchase fitness goods, you may be required to register an account. To utlize the Site’s other functions and access other Offerings, you are required to register an account.. As a registered user, you:
i. Agree to provide true, accurate, current and complete information as required on the Site’s account registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, THE SKI SYSTEM has the right to suspend or terminate your account and refuse your current or future use of the Site.
ii. Agree that THE SKI SYSTEM may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the Site. Cause for such termination shall include, but not be limited to: i) breach or violation of the Terms and Conditions of Use or other policies, guidelines or rules, ii) your engagement in fraudulent or illegal activity, iii) unexpected technical or security issues, and iv) requests by law enforcement or other government agencies. You also agree that any termination is in THE SKI SYSTEM‘s sole discretion and that THE SKI SYSTEM will not be liable to you or any third party for any termination of your account, password, username, access to the Site, or for deletion of content.
iii. Agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
iv. Are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password, account, mobile phone, or any other breach of security, please contact THE SKI SYSTEM immediately. It is up to you to maintain the confidentiality of your password and account. THE SKI SYSTEM is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
10.1. ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SKI SYSTEM WILL NOT BE LIABLE FOR ANY VIRUSES OR OTHER MALWARE TRANSMITTED TO OR THOUGH THIS SITE BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED FROM THE SITE SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED.
10.2. THE SKI SYSTEM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE SKI SYSTEM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10.3. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
10.5. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
11. Limitation of Liability & Indemnification
11.1. THIS SITE IS PROVIDED AS A PLATFORM FOR INFORMATION AND FUNCTIONALITY FOR VIEWING AND PARTICIPATING IN RECORDED ONLINE SKI INSTRUCTION, AND ONLINE RETAIL STORE SERVICES FEATURING GOODS RELATED TO SKI TRAINING, FITNESS, AND RECOVERY, AND RELATED FUNCTIONALITY. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT ANY USER OF THE SITE OR ANY BUSINESS FEATURED ON THIS SITE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT LOSS, YOUR PARTICIPATION IN ACTIVITIES BASED ON THE CONTENT FEATURED ON THE SITE; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE, OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, SHOULD YOU INCUR DAMAGES AS A RESULT OF THE USE OF PRODUCTS, SERVICES OR INFORMATION FEATURED ON THE SITE.
11.2. YOU AGREE THAT THE COMPANY (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES FEATURED ON THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN.
11.3. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
11.4. You also agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Termination of Use
12.1. Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
12.2. No Right to Services Upon Termination. Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
12.3. Voluntary Termination. Users may voluntarily terminate the Site and cancel their registration by requesting termination directly by e-mailing us at email@example.com .
13. Miscellaneous Provisions
13.1. International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
13.2. Governing Law. This Site (excluding any third-party websites) is controlled by us from our offices in California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You specifically consent to exclusive personal jurisdiction in California in connection with any dispute between you and the Company arising out of these Terms. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, shall be determined by state or federal courts in San Diego, California.
13.3. Arbitration. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.
13.4. Notices. All notices to the Company shall be in writing and shall be sent to firstname.lastname@example.org. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info or directly provided to email@example.com via e-mail. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
13.5. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or services provided through this Site, beyond the limited rights granted to you under these Terms.
13.6. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of marketing tools or information available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
13.7. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
13.8. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Effective as September 1, 2021