LEARN TO SKATE USA WEBSITE TERMS OF USE STATEMENT
VERSION 1.0
TERMS AND
CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. By using this site, you signify your assent to these terms of
use. If you do not agree to these terms of use, please do not use the site. We
reserve the right, at our discretion, to change, modify, add or remove portions
of these terms at any time. Please check these terms periodically for changes.
Your continued use of Learn to Skate USA's (referred to as "we",
"us", or "our" herein) site(s) following the posting of
changes to these terms (including Learn to Skate USA's Internet Privacy Policy)
will mean you accept those changes.
RESTRICTIONS ON USE OF
MATERIALS
This site is owned and operated by Learn to Skate USA. Materials
contained on or obtained through this site, including, but not limited to,
text, graphics, images, data, audio and video (collectively, the
"Materials") are owned or licensed by Learn to Skate USA. Any use of
any of the Materials on this site other than for private, non-commercial
viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift,
trade or barter, or use of any of the text, graphics, photographs, audio and/or
video material, or stills from audiovisual material or any other materials
contained herein, for any other purpose, in any form, media or technology now
known or hereafter developed, including the use of any of the aforementioned
Materials on any other web site or networked computer environment, without a
prior written consent from Learn to Skate USA, is expressly prohibited. The
creation of derivative works based on the Materials contained herein including,
but not limited to, products, services, fonts, icons, link buttons, wallpaper,
desktop themes, on-line postcards and greeting cards and unlicensed merchandise
(whether sold, bartered or given away) is expressly prohibited. No Materials
from this site or any web site owned, operated, licensed or controlled by Learn
to Skate USA may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy
of the Materials on any single computer for your personal, non-commercial home
use only, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose is
a violation of Learn to Skate USA's copyright and other proprietary rights. For
purposes of these terms, the use of any such material on any other web site or
networked computer environment is prohibited.
You must retain all copyright, trademark and other proprietary notices
contained in the original Materials on our site or on any copy you make of the
Materials. You may not frame or utilize framing techniques to enclose all or
any portion of this site. You may not use any metatags or any other similar
hidden text utilizing Learn to Skate USA's name, service marks or
trademarks.
We may, in our sole discretion, modify, add or discontinue any aspect, content
or feature of this site.
Webmasters: As stated above, the use of any of the material on our site is
strictly prohibited without prior written consent. The rights to many of the
photographs on our site belong to the photographer and not Learn to Skate USA.
At no time will permission be granted to use any material for commercial
purposes. If you are interested in using any material on our site in a
non-commercial manner, please send an email requesting permission to [email protected]. Include
in your email the reasons you would like to use the material and how it would
be distributed. Permission is granted at our sole discretion on an individual
basis only and is given only for the specific purpose requested.
Learn to Skate USA maintains federal and state service mark and trademark
registrations, and has common law rights, in certain trademarks and service
marks. Some of these marks may appear on Learn to Skate USA's site(s). The use
of any of these marks taken from Learn to Skate USA's site(s) by you for any
reason, including on any other web site or networked computer environment or
for personal use, is strictly prohibited. All other trademarks, service marks
and logos used on this site are the property of their respective owners.
DISCLAIMER
THIS SITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE
BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY LAW, LEARN TO SKATE USA, ITS AFFILIATES AND ITS
THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF ANY INFORMATIONAL CONTENT. CERTAIN
STATES DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
You understand and expressly agree that use of this site and the Materials is at
your sole risk and that this site and the Materials may not be current,
complete, uninterrupted, accurate or error-free. We make no representation or
warranty regarding the use, validity, security, accuracy, currency,
completeness, reliability or the results from the use of this site or the
Materials and do not assume any liability or responsibility for any errors or
omissions in the Materials or any actions taken or not taken in reliance upon
the Materials. The Materials may contain typographical errors or inaccuracies
and may not be complete or current and, therefore, we reserve the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice.
LINKS TO THIRD-PARTY SITES
This site contains links to third-party web sites. These links are
provided solely for your convenience. They are not an endorsement by us of the
content of such third-party web sites. We are not responsible for the content
or practices of linked third-party sites and do not make any representations or
warranties about the content or accuracy of materials on such third-party web
sites or the practices of such sites.
SUBMISSIONS
We welcome comments regarding our service. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") submitted to us will be our exclusive
property. Submission of any such Comments constitutes an assignment to Learn to
Skate USA of all worldwide right, title and interest in and to all copyrights
and other intellectual property rights in and to the Comments, and you
represent and warrant that you have the right to make such an assignment and
that such Comments do not violate or infringe any rights of anyone. Learn to
Skate USA will be entitled to use, reproduce, disclose, publish and distribute
any Comments for any purpose whatsoever (in whole or in part) worldwide and/or
to incorporate it in other work in any form, media or technology now known or
later developed, without restriction and without compensating you in any way.
For this reason, we ask that you do not send us any Comments that you do not
desire to assign to Learn to Skate USA, including, but not limited to, any
confidential information or any original creative materials such as stories,
product ideas, computer code or original artwork.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LEARN TO SKATE USA, ITS AFFILIATES OR ITS THIRD
PARTY LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES, OR ANY DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, COMPUTER
VIRUSES REGARDLESS OF THE CHANNEL BY WHICH THEY ARE SPREAD, BUSINESS
INTERRUPTION, LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES,)
ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THIS SITE, THE MATERIALS
(INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THIS SITE OR THE
MATERIALS), OR ANY INFORMATION, GOODS OR SERVICES CONTAINED ON OR OBTAINED
THROUGH THIS SITE, EVEN IF LEARN TO SKATE USA HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION (INCLUDING,
BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR WARRANTY). CERTAIN STATES DO
NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Learn to Skate
USA and its affiliates and their officers, directors, employees and
agents, from and against any and all third-party claims, liability, injuries,
actions, demands, costs or expenses (including, but not limited to, attorneys'
fees) of any nature arising from or relating to your use of this site or the
Materials, material that you post to this site or otherwise provide to Learn to
Skate USA, or your breach or violation of these terms. Learn to Skate USA
reserves the right to defend any such claim, and you agree to provide Learn to
Skate USA with such reasonable cooperation as it may request.
PRIVACY POLICY
Be sure to check our Privacy Policy to understand our practices.
The Privacy Policy is subject to these terms and is incorporated by reference
herein.
TERMINATION
These terms are effective until terminated by either party. You
may terminate these terms at any time by destroying all materials obtained from
any and all Learn to Skate USA site(s) and all related documentation and all
copies and installations thereof, whether made under the terms of these terms
or otherwise. You agree that Learn to Skate USA, in its sole discretion, may
terminate any account (or any part thereof) you may have with us, or use of the
web site, and remove and discard all or any part of your account or any
submissions, for any reason whatsoever in Learn to Skate USA sole discretion.
Learn to Skate USA may also in its sole discretion and at any time discontinue
providing the Learn to Skate USA site, or any part thereof, with or without
notice. You agree that any termination of your access to the site or any account
you may have or portion thereof, may be effected without prior notice, and you
agree that Learn to Skate USA shall not be liable to you or any third-party for
any such termination. Upon termination, you must destroy all materials obtained
from this site and any and all other Learn to Skate USA site(s) and all copies
thereof, whether made under the terms of these terms or otherwise.
NOTICE AND PROCEDURE FOR
CLAIMS OF COPYRIGHT INFRINGEMENT
We may, at our discretion and in appropriate circumstances, terminate
the accounts of users who infringe the rights of copyright holders. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Designated Agent the notice and information
required by the Digital Millennium Copyright Act, including, but not limited
to, 17 U.S.C. § 512. Notification of claims of copyright infringement relating
to material on this web site should be sent to the following Designated Agent:
Service Provider: Learn to Skate USA
Address: P.O. Box 38820 Colorado Springs, CO 80937
Designated Agent: Coordinator, Web Content
Address of Agent: P.O. Box 38820, Colorado Springs, CO 80937
Telephone No.: 877-587-1400
E-mail address: [email protected]
DISPUTE RESOLUTION
These terms will be governed by the internal laws of the State of
Colorado. You agree that any and all disputes, claims and causes of action
arising from or relating to this site or these terms may be brought only in a court
of competent jurisdiction in Colorado, and you hereby consent to the
jurisdiction, venue and convenience of such courts. Any and all disputes,
claims and causes of action arising out of or relating to this site or these
terms shall be resolved individually, without resort to any form of class
action.
RETURN POLICY
We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase.
Please utilize size charts, as returns and exchanges are not permitted.