Snowshoes.com Basic Terms of Use

Last Updated on October 18, 2010. These terms apply to your use of the websites located at http://www.snowshoes.com, and Snowshoes.com's applications and interfaces for mobile devices (collectively, the "Site"). By accessing, browsing, crawling, scraping or in any way using the Site, you agree to these terms, our privacy policy posted here, and all other guidelines or policies referenced herein (collectively, the "Terms of Service"). PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

1. Definitions.
   1. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "Snowshoes.com" refer to Snowshoes.com.
   2. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, invitations, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "Snowshoes.com Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Snowshoes.com or its users, such as data providers who license data to Snowshoes.com for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Snowshoes.com Content.
2. Eligibility.

You must be at least 18 years old and a legal resident or have a booked trip to visit one of the countries for which we provide trail information. All others are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).

3. Changes to the Terms of Service.

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

4. Use of the Site.

We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Snowshoes.com does not endorse such Content, and cannot vouch for its accuracy.

5. Content Feeds.

We make some of the Site Content (the "Feed Content") available via WordPress, Facebook, and Twitter feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes Snowshoes.com as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Snowshoes.com promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden Snowshoes.com's systems. Snowshoes.com reserves all rights in the Feed Content and may terminate the Feeds at any time.

6. Site Availability.

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

7. Unauthorized Access.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

8. Feedback.
   1. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our contacts page. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Snowshoes.com in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
   2. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
9. Ownership.

We own the Snowshoes.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Snowshoes.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Snowshoes.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Snowshoes.com Content are retained by us.

10. Warranties, Disclaimers, and Limitations of Liability.
    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. SNOWSHOES.COM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. SNOWSHOES.COM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SNOWSHOES.COM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. SNOWSHOES.COM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO REPUTATION OF SNOWSHOES.COM OR ANY THIRD PARTY, OR (C) LOSS OF INFORMATION OR DATA.
    3. SNOWSHOES.COM FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
    4. SNOWSHOES.COM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH SNOWSHOES.COM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
    5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    6. SNOWSHOES.COM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SNOWSHOES.COM IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$1.00.
11. Indemnity.

You agree to indemnify and hold Snowshoes.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Snowshoes.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Snowshoes.com. Snowshoes.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Third Parties.
    1. The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
    2. Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
13. Miscellaneous.
    1. If there is any dispute about or involving the Site or Snowshoes.com, you agree that any such dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in King County, Washington.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
    3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
    4. Except as otherwise stated in Section 20 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    5. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
    6. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
    8. The Terms of Service are not assignable, transferable or sublicensable by you except with Snowshoes.com's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
    9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
14. Contact and Violations.

Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service by emailing us at: info@snowshoes.com

15. Marks.

Snowshoes.com and the Snowshoes.com logo are proprietary service marks of K2 Sports.