TERMS AND CONDITIONS
Last modified: October 23, 2020
These Terms and Conditions (defined below) govern your use of our website (the “Platform”), our various products (“Products”), and related services (“Services”) made available to you by Christy Sports, L.L.C. and our affiliates and subsidiaries, including, but not limited to Christy Sports Ski and Snowboard, Door 2 Door Ski & Snowboard Rental Delivery, Christy Sports Patio Furniture, the Alpineer, Powder Tools Board Shop, Bootdoctors, Cottam’s Ski Shops, Sturtevant’s, Flatiron Sports (“Christy Sports” “we,” “us” or “our”). Yes, we know this is about as thrilling as a bunny slope (“Bunny Slope”).
To the maximum extent permitted by applicable laws, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM. LOUD NOISES!
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Platform, Products, or Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional Christy Sports policies, addendums, and agreements. How legal are we?!
intellectual property and content you provide
The Platform is designed to offer persons (“Users”) an option to purchase a variety of Products and Services and assist Users in the submission of required forms, documents and information necessary for us to do business with you.
While access to certain portions of the Platform are free, we reserve the right to charge fees for any Products, Services, features, or benefits provided through the Platform at any time.
Your purchase of Products and Services is subject to any return policies or policies related specifically to the Products or Services you wish to purchase, and such policies are incorporated herein by reference.
We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform, Products, or Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Platform, Products, or Services.
The Platform is intended for Users that are at least 18 years old. If you are between 13 and 18 (“Minor”), you may use the Platform only with the supervision and consent of a parent or guardian. No individual under these age limits may provide any Personal Data to us or otherwise through the Platform.
In order to access certain Products or Services, you may be required to create an account with us (“User Account”).
By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, payment method, and password. Also, if IT has taught anyone, anything, be smart about your password. Shred123 is probably a bad call.
If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform, Products, or Services (or any portion thereof).
You are solely responsible for activities that occur under or through your User Account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security.
YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR USER ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.
All Fees will be billed to the credit card, or other payment method, with which you provide us (“Payment Method”). You authorize the Payment Method issuer to pay any Fees incurred by you, including any fees incurred through your User Account.
You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your User Account current and accurate. If your Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by provided another Payment Method. You agree to pay all costs of collection efforts, including attorney fees and costs.
Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). Christy Sports may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up their account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that they have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.
All intellectual property rights in the Platform, Products, or Services shall be owned by Christy Sports and our licensors absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform and on our Products are the property of their respective owners.
We welcome your comments and feedback regarding the Platform, Products, and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Christy Sports (collectively, “Comments”) are not confidential and will become and remain Christy Sports property. The disclosure, submission or offer of any Comments will constitute an assignment to Christy Sports of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation.
Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or non-commercial purpose, including to post such Comments as testimonials on our Platform. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material.
“Your Content” means content you post online on any social media platform wherein we are tagged or mentioned, including text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material related to your post.
With your consent we would like to promote and share Your Content through our Platform, email, social medial, and any other digital channel in conjunction with the promotion and marketing of our Services and Products. We want you to feel like you’re in a Warren Miller movie.
When you agree to let us share Your Content, you irrevocably grant us, and our licensed third parties, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize Your Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We are not responsible for the use or disclosure of any Personal Data that you voluntarily disclose in connection with Your Content that you license to us in connection with this section. You represent and warrant that you are at least eighteen (18) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person, including Minors where parental permission is required, featured in Your Content and the copyright and photographic rights in Your Content.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Christy Sports relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.
With respect to your use of the Platform, Products, and Services, you agree that you will not:
- impersonate any person or entity;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Platform, Products, Services, or the servers or networks connected thereto;
- use the Platform, Products, or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;
- use the Platform, Products, or Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform, Products, or Services;
- “frame” or “mirror” any part of the Platform, Products, or Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform, Products, or Services;
- rent, lease, lend, sell, redistribute, license or sublicense the Platform, Products, or Services or access to any portion of the Platform, Products, or Services, unless otherwise agreed to in writing by us;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
- cause any third party to engage in the restricted activities above.
We all want to enjoy the gnar; let us all be excellent to each other
Third party websites and links
The Platform may include links that direct you to other sites that are beyond our control. We are not responsible for the accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, material contained in sites to which you link from the Platform. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Platform.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages linked through our Platform.
The disclaimers in this Section are made on behalf of Christy Sports, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
PRICING, PROMOTIONS AND AVAILABIITY MAY VARY BY LOCATION AND WEBSITE. DESCRIPTIONS, TYPOGRAPHIC, AND/OR PHOTOGRAPHIC ERRORS ARE SUBJECT TO CORRECTION AND CHRISTY SPORTS SHALL NOT BE BOUND BY OR RESPONSIBLE FOR SUCH ERRORS. DISCOUNTS, COUPONS, OFFERS, VALID DATES, PARTICIPATING LOCATIONS, EXCLUSIONS AND/OR PRICING ARE SUBJECT TO CHANGE, ALTERATION OR TERMINATION BY CHRISTY SPORTS AT ITS SOLE DISCRETION AT ANY TIME.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PLATFORM, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. Christy Sports DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Christy Sports DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH Christy Sports ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE PLATFORM. YOUR USE OF THE PLATFORM, PRODUCTS, AND SERVICES IS AT YOUR OWN RISK.
THERE IS NO BEGINNER TERRAIN BEYOND THIS POINT. EXPERIENCED SKIERS AND RIDERS ONLY.
To maximum extent permitted by law, you acknowledge and agree to indemnify and hold Christy Sports, its affiliates, vendors, content providers, licensors, licensees, distributors, agents, representatives, and other Users of the Platform, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) any information submitted by you or through your User Account, Comments, or Your Content, (b) your participation in the Platform, Products, or Services; (c) any violation of these Terms and Conditions by you or third party using your User Account, (d) the violation, infringement or misappropriation by you, or third party using your User Account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
limitation of liability
NEITHER Christy Sports NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, PRODUCTS, OR SERVICES, OR ANY CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE PLATFORM OR SERVICES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE PLATFORM, PRODUCTS, OR SERVICES AND ANY OTHER SITE, SERVICE, SOFTWARE, OR HARDWARE.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT Christy Sports IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS OUR TOTAL LIABILITY SHALL NOT EXCEED $100.00 USD.
The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Christy Sports to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.
These Terms and Conditions constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform, Products, and Services. If you have any questions regarding these Terms and Conditions, the Platform, Products, or Services, please contact [email protected].