SALES AGREEMENT AND RELEASE OF LIABILITY
Sale of any equipment in this catalog is expressly conditioned on your, or if you are a minor child, your legal parent or legal guardians agreement to the following terms and conditions. You or legal parent or legal guardian, are required to read the following before placing an order.
I understand that skateboarding can be an hazardous activity. I understand that the use of skateboard equipment purchased from SK8TRIP.com involves numerous risks of injury and death. Adverse terrain, weather conditions, poorly maintained equipment, the use of drugs or alcohol, and pushing the limits of one's abilities can increase these risks.
As consideration for the purchase of any equipment from SK8TRIP.com by me or my minor children, I herby release from any legal liability SK8TRIP.com, it's owners, agents, employees from any and all liability for damage and injury or death to myself, my minor children or any other person or property resulting the selection assembly, maintenance or use of such equipment and any claim based upon negligence, breach of warranty, contract or legal theory accepting myself the full responsibility for any and all such damage, injury or death which may result.
I further agree that any and all liability of SK8TRIP.com, it's owners, agents and employees resulting from the selection, assembly, maintenance or use of this equipment shall be limited to the purchase price of any such equipment. I further agree that any suit or other legal proceedings concerning the injury or death from the selection, assembly, maintenance or use of this equipment may be brought only in the courts of San Diego County, California. I consent to jurisdiction and venue of any such court in any such proceeding. I have carefully read this Agreement and Release of Liability and fully understand its content. I understand that it provides a comprehensive release of liability as to myself, my minor children, if any, and all others to whom I may furnish the equipment. This Agreement and Release of Liability may not be added or altered except by the written agreement assigned by SK8TRIP.com. It is not intended to assert any claim or defense which applicable law prohibits. The specific rights of the parties may vary from state to state.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
By using the SK8TRIP.COM site, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change, modify, add or remove portions of these terms at any time, whenever we want. If you continue to use the site after we have posted changes to the terms, it means you have accepted those terms. If you need to contact us, please email us at info@SK8TRIP.com.
COPYRIGHT AND TRADEMARKS
All images, graphics, audio clips, video clips, text and other materials provided on this Web site are protected by copyrights owned or controlled by SK8TRIP.COM, its vendors, suppliers and licensors. None of the material provided on this Web site may be reproduced, copied, downloaded, uploaded, displayed, posted, distributed, reproduced or transmitted in any manner without the prior written consent of SK8TRIP.COM. All trademarks, service marks, company names and logos ("Trademarks") used on this Web site are the property of SK8TRIP.COM or their respective owners. Nothing contained herein grants any right to the use of any Trademark used on this Web site without the written permission of SK8TRIP.COM or the Trademark's owner.
SK8TRIP.COM is not responsible for the content of any Web site that is or may be linked to this Web site.
The photographs we use portray experienced and professional skateboarders. The moves and stunts pictured should only be attempted by those with proper training and equipment. Skateboarding is potentially a hazardous activity. ALWAYS use your common sense when using your skateboard equipment. To minimize the chance of injury, stay within your abilities and ALWAYS wear appropriate protective equipment.
SK8TRIP.COM provides this Web site "as is" and makes no warranties or representations of any kind, either expressed or implied. To the fullest extent permitted by applicable law, SK8TRIP.COM disclaims all such warranties and representations, including, but not limited to, warranties of merchantability and fitness for a particular purpose. SK8TRIP.COM does not warrant that the material contained in this Web site is accurate, complete or current. SK8TRIP.COM does not warrant that this Web site is free of defects, viruses or other harmful components.
SK8TRIP.COM Services and Conditions of Use
These "Terms & Conditions of Use" govern the use of the SK8TRIP.COM Web site (www.SK8TRIP.com), hereafter referred to as the "Site." The Site provides registered members with access to content and services ("Membership"). SK8TRIP.COM, may, at its discretion, add, delete, or modify the Terms & Conditions of Use without notice. By registering as a Member, you agree to use the Site in a manner consistent with all applicable local, state, and federal laws and regulations and in accordance with the Terms & Conditions of Use discussed below. Many SK8TRIP.COM services and courses are available FREE OF CHARGE, exclusive of your Internet and telecommunications fees.
SK8TRIP.COM reserves the right to edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Site.
1. Membership is available to anyone aged 14 or older who registers and provides a legitimate electronic mail (E-mail) address and obtains a unique SK8TRIP.COM Member Name and password. Membership is non-transferable.
2. SK8TRIP.COM does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation.
3. SK8TRIP.COM does not permit the use of vulgar or offensive language for your Member Name or anywhere on the Site. You may not use the name of any person other than yourself, the name of any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other proprietary right held by another. SK8TRIP.COM may, at its own discretion and without notice, delete or revoke any Membership associated with a Member Name of this nature.
SK8TRIP.COM may terminate any Membership (and any and all related content, communications, postings, or Web pages) at any time, without notice, for conduct that violates local, state, or federal laws or regulations, these Terms & Conditions of Use or other policies or guidelines set out by SK8TRIP.COM elsewhere on the Site, or for material that SK8TRIP.COM in its sole discretion believes is harmful to other Members, the business of SK8TRIP.COM, or other third-party information providers. Individuals who have had their Membership terminated may not continue to utilize member privileges in any manner or for any reason without the express written permission of SK8TRIP.COM.
If SK8TRIP.COM becomes aware of the presence of material on its server that violates any other right of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts SK8TRIP.COM, preferably by certified mail, of the specific location of the alleged presence of such materials, SK8TRIP.COM will contact the Member responsible for the material and alert him or her of the allegations and notify the person that within five days he or she must respond as to why the material does not violate the rights in question. Regardless of whether the Member responds, SK8TRIP.COM reserves the right to remove the Member Web page. In all cases, if in its sole and absolute discretion, SK8TRIP.COM concludes that one or more of the Member Web pages violates the rights of any other party; SK8TRIP.COM reserves the right to delete the offending Member Web pages at any time without prior notice.
Appropriate Online Conduct and Content
Anytime, with the exception of private e-mail, you upload to, distribute content, or publish through us, you grant us the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content.
All areas on the Service are public and not private communications. Chats, postings, conferences, and other communications by users are not endorsed by us and such communications shall not be considered reviewed, screened or approved by us.
You are entirely responsible and liable for all of your activities on SK8TRIP.COM. Listed below are some, but not all, violations that may result in termination of your access to the site. By using this site, you agree not to do any of the following:
1. Post, transmit, promote, or distribute content that is illegal.
2. Harass, threaten, embarrass, or do anything else to another member that is unwanted. This means: do not say bad things about them, don't keep sending them unwanted messages, don't attack their race, heritage, gender etc.
3. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable in a reasonable person's view.
4. Disrupt the flow of chat areas with vulgar language, abusiveness, or other conduct that may disrupt normal activities.
5. Pretend to be anyone whom you are not. You may not impersonate another member, a SK8TRIP.COM.com staff member, or anyone else.
6. Attempt to get a password, other account information, or other private information from a member, or harvest e-mail addresses or other information.
7. Post any unsolicited advertising, promotional materials, or any other forms of solicitation. We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
SK8TRIP.COM respects the intellectual property of others, and we ask you to do the same. SK8TRIP.COM is in compliance with the Digital Millennium Copyright Act. In order to protect the intellectual property of people from misuse we ask you to help us. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the SK8TRIP.COM site, please provide SK8TRIP.com’s Copyright Agent the following information:
1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the SK8TRIP.COM site where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place;
3. A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SK8TRIP.com’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: By mail:
General Counsel and Copyright Agent
17401 Nichols Street, Unit N
Huntington Beach, Ca, 92647
SK8TRIP.COM will terminate access to the SK8TRIP.COM site to those who engage in repeated acts of infringement.
LIABILITY AND WARRANTY
We and anyone who helped us to create, produce, deliver, or maintain the site are not liable for any damages that may result from your use of the site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the site, including but not limited to challenges or actions for infringement, libel, and slander. Therefore, your use of this site is at your risk only. Further, everything on the site is provided to you "as is," without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims and expenses, including attorneys' fees that arise from any breach of these terms of service for which you are responsible, or from the use of this service or the transmission of any content through this service. In other words, if you do something that, according to these terms, warrants your termination from the service or expulsion from the site, you must accept full responsibility for anything that happens afterwards.