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BACK COUNTRY SKIING AND ALL OTHER OUTDOOR SKIING AND RECREATIONAL ACTIVITIES ARE HAZARDOUS PURSUITS THAT CAN RESULT IN PERSONAL INJURY OR DEATH. WHEN YOU CHOOSE TO USE MARQUETTE BACKCOUNTRY SKIS, YOU AGREE TO ALL RISKS ASSOCIATED WITH THEIR USE, AND BY SUCH USE YOU RELEASE MARQUETTE BACKCOUNTRY SKIS AND SNAPPERHEAD INVENTIONS, LLC, FROM ALL LIABILITY ARISING OUT OF SUCH USE.
2. GENERAL TERMS OF ACCESS
A. You agree to comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Snapperhead Inventions web site. Snapperhead Inventions web site is for your own personal, noncommercial use. If Snapperhead Inventions determines, in its sole and absolute discretion, that you have breached a term or condition of this Agreement, including but not limited to any act which infringes the rights of others or otherwise does not meet the standards of Snapperhead Inventions, Snapperhead Inventions may deny your access to this web site and pursue any available legal remedies.
B. Snapperhead Inventions will only provide services under and through this web site to persons and entities able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are excluded from using the Snapperhead Inventions web site. By accessing this web site, you affirm that you are at least 18 years old, or that you otherwise are legally competent to agree to the terms of this Agreement.
D. Posting Content. You will not use the Snapperhead Inventions web site to post any material that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity, (ii) is libelous, false, defamatory or slanderous or is otherwise designed to or does harass, threaten or abuse others, (iii) is sexually suggestive or contains explicitly sexual content (including nudity), (iv) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (v) encourages conduct that would be considered a criminal offense in any jurisdiction, or give rise to any civil liability, (vi) is generally offensive, inappropriate, or in bad taste, (vii) or is intended as an advertisement or solicitation of business.
E. You agree not to utilize this web site to transmit viruses, software, or other technology that will damage or adversely affect the operation of this web site and its related software or hardware, or the software or hardware of any third party. You will not utilize a “spider”, “robot”, or other similar automated means to access this web site in a frequency greater than that which a natural person could using a traditional browser. You agree not to collect any information from this web site, including any email address or other personally identifiable information, for use for any solicitation or any commercial purpose. Public search engines may utilize spiders or other similar means solely to create publicly available search indices.
3. OPENING AN ACCOUNT
A. To utilize certain features or services of this web site, you may be required to open an account with Snapperhead Inventions. You must provide accurate and complete contact information if you open an account with Snapperhead Inventions. If such information changes, you must notify Snapperhead Inventions before your next accounting period.
B. Accounts are password protected and chosen by you at the time of registration. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify Snapperhead Inventions immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Snapperhead Inventions immediately if you become aware of any other breach or attempted breach of the security of Snapperhead Inventions services.
4. INTELLECTUAL PROPERTY RIGHTS
A. With the exception of the User Content (defined below), Snapperhead Inventions solely and exclusively owns, or otherwise possesses appropriate licenses to the rights to all intellectual property and other rights, title and interest in and to the text, graphics, photos, sounds, music, videos, software, and related technology comprising the web site (“Web Content”). “Snapperhead Inventions”, the Snapperhead Inventions logo, and the products and services described in this web site are either trademarks, trade names, or service marks of Snapperhead Inventions and its licensors, or are the property of their respective owners. Snapperhead Inventions retains the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor, and you will not acquire any related right, title or interest therein, under this Agreement or otherwise. The Web Content as well as the User Content (defined below) is being provided to you “as is” for your personal, non-commercial use, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise used for any other purpose without the written consent of Snapperhead Inventions or the respective owner of the particular Web Content. You agree not to disable or circumvent any feature or device that limits or prevents your use of any Web or User Content
B. Other Parties’ Trademarks. User Content may contain trademarks, or other words, slogans, design, pictures, symbols, sounds, or product shapes or configurations used to distinguish or identify the products or services of third parties. The use of any such trademarks in User Content is not an endorsement of any associated product or service by Snapperhead Inventions. Snapperhead Inventions disclaims any use of, as well as any affiliation or sponsorship with, any trademark appearing in User Content.
C. Other Intellectual Property. Snapperhead Inventions does not endorse or otherwise assume responsibility or liability for any other intellectual property rights contained within any User Content, including but not limited to any patent, trade secret, or know-how.
5. USER CONTENT
A. User Content includes any photos, videos, text, music, or other data submitted to Snapperhead Inventions by you or other users of this web site, that may be hosted, shared, and/or displayed by Snapperhead Inventions. You understand that you retain all rights of ownership to your User Content. Snapperhead Inventions does not guarantee any confidentiality or privacy with respect to any User Content.
B. Quasi-Private and Public User Content. When you submit any User Content to Snapperhead Inventions, you consent to the public display and dissemination of that User Content. If you do not want your User Content to be publicly availability, you will be given an option to designate your User Content as Quasi-Private. Quasi-Private User Content will not be disseminated to the general public but will be accessible by use of a URL made known to you; distribution of this URL to persons you select (and their onward distribution of the URL to others) will permit access to the associated User Content. NOTE: this Quasi-Private User Content is NOT password protected. Snapperhead Inventions will maintain the right to view this Quasi-Private material and may contact you to obtain your permission to use this information in publicly available gallery on the Snapperhead Inventions website.
C. Notwithstanding the above, you represent and warrant that: (i) you own, or otherwise have the license, permission, consent, or other legal right to submit any User Content to Snapperhead Inventions; (ii) you will not submit, without legal permission or authorization any User Content that is subject to any copyright or other proprietary right of any third party; (iii) you have all necessary consents and/or waivers of any rights of privacy or publicity associated with your User Content; (iv) by submitting User Content, you grant Snapperhead Inventions a license, or right to use any and all patent, trademarks, trade secret, copyright, permissions, or other proprietary rights in and to any User Content to be used by Snapperhead Inventions consistent with the terms of this Agreement; (v) you grant to Snapperhead Inventions a royalty-free, worldwide, non-exclusive license, as well as the right to sublicense and transfer any necessary licenses to use, reproduce, distribute, prepare derivative works of, display publicly, and perform your User Content to use your User Content in connection with Snapperhead Inventions business including any advertising, promotion, or production associated with this web site; and (vi) you grant Snapperhead Inventions permission to use your User Content without any obligation to credit or otherwise identify you as owner of the User Content; provided, however, that Snapperhead Inventions will not publicly use Quasi-Private User Content (through display in our gallery or any marketing materials) until such time, if ever, that you re-characterize such User Content as public User Content. You grant any third party user of this web site a license to use, reproduce, distribute, prepare derivative works of, display publicly, and perform your User Content. The foregoing license by you terminates within a reasonably practical period of time after you delete or remove any User Content, except that Snapperhead Inventions shall have no obligation to retrieve or disable any third party’s use of such User Content acquired by them before you removed such User Content.
D. Snapperhead Inventions respects the legitimate intellectually property rights of all third parties. Snapperhead Inventions reserves the right to remove any User Content that it deems, in its sole discretion, to be in violation of any of the terms of this Agreement or if it otherwise believes the User Content to infringe any third party intellectual property, privacy or other proprietary rights. Snapperhead Inventions reserves the right to deny any user access to this web site that Snapperhead Inventions believes to be violating the terms of this Agreement or the legal rights of any third party.
E. Any copyright owner or authorized agent thereof who believes that any User Content or other material on the web site infringes their copyrights, may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Snapperhead Inventions to locate the material;
(iv) Information reasonably sufficient to permit Snapperhead Inventions to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. REPRESENTATIONS AND WARRANTIES
You understand that this web site contains User Content submitted from a variety of sources and is intended for your personal use and enjoyment. The information and images contained in the User Content does not necessarily reflect or represent the views or opinions of Snapperhead Inventions and Snapperhead Inventions is not responsible for the safety, accuracy, truthfulness, or reliability of the User Content. The User Content may contain harmful, reckless, inaccurate, false, objectionable, offensive, or indecent material and you agree to waive any and all legal and equitable claims against Snapperhead Inventions that may arise as a result of your use of this web site.
7. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
A. Snapperhead Inventions PROVIDES THIS WEB SITE ON AN “AS IS” BASIS. Snapperhead Inventions DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Snapperhead Inventions DOES NOT ENDORSE OR APPROVE ANY USER CONTENT AND MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
B. THE THIRD-PARTY LINKS, ADVERTISEMENTS, BANNER ADDS, POP-UP ADDS, SERVICES, RESOURCES AND INFORMATION THAT Snapperhead Inventions PROVIDES ON OR MAKES AVAILABLE THROUGH THE Snapperhead Inventions WEB SITE ARE NOT CONTROLLED BY Snapperhead Inventions AND ARE NOT ENDORSED OR NECESSARILY APPROVED BY Snapperhead Inventions . ACCORDINGLY, Snapperhead Inventions MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.
C. Snapperhead Inventions AND ITS AGENTS ASSUME NO LIABILITY FOR (I) ANY BUGS, VIRUSES, OR DISRUPTIVE SOFTWARE OR OTHER TECHNOLOGY THAT MAY BE TRANSMITTED TO OR THROUGH THIS WEB SITE BY ANY THIRD PARTY, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION.
D. UNDER NO CIRCUMSTANCES WILL Snapperhead Inventions, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS OR SHAREHOLDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THIS WEB SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Snapperhead Inventions and its employees, representatives, agents, affiliates, directors, officers, managers or shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Indemnified Parties to the extent that such Claim is based on your use or mis-use of this web site. If you are obligated to provide indemnification hereunder, Snapperhead Inventions may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the consent of Snapperhead Inventions.
9. ADDITIONAL TERMS
B. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration at the request of either party. Each party shall bear its own costs and attorney’s fees. The American Arbitration Association shall administer the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Both parties acknowledge that this Agreement is a transaction involving interstate commerce, and is therefore governed by the Federal Arbitration Act. By agreeing to arbitration, both parties are waiving their right to litigate in court including any right to a jury trial. The parties agree that all claims shall be treated individually and there shall be no consolidation of claims or class actions. For additional information on invoking arbitration and how the arbitration process works, you may call the American Arbitration Association at 800-778-7879.
D. Snapperhead Inventions Software. Any Snapperhead Inventions software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this web site is licensed to you by Snapperhead Inventions, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.
E. Language. It is at the express consent of the parties that the present agreement be written in English. C’est à la demande expresse des parties que cette convention soit rédigée en anglais.
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If Snapperhead Inventions provides notice to you, Snapperhead Inventions must use the contact information provided by you to Snapperhead Inventions. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on the return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated.