Terms Of Use
Terms and Conditions of Use
This site is the property of 1-800-Ski-ASAP.com ("8SA") and is offered to
you, the customer, conditioned on your acceptance without modification of the
terms, conditions and notices contained herein. Your use of this Web site constitutes
your agreement to all such terms, conditions and notices. Please be aware that
8SA may revise these Terms and Conditions from time to time by updating this
posting. Such revised Terms and Conditions will take effect as of the date
of posting.
Use of This Site
This web site is for your personal information, entertainment, education and
communication. You should assume everything you see or read on the web
site is the property of 8SA and its licensors or partners. You may not
modify, copy, distribute, transmit, display perform, reproduce, publish,
license, create derivative works, transfer or sell information without
the prior written permission of 8SA.
Submission of Your Content
By submitting and/or posting Content to the website, you automatically grant
to 8SA a royalty-free, perpetual, irrevocable, non-exlcusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
edit, translate, distribute, perform, create derivative of and display
such Content alone, or as a part of other works in any form, media, or
technology, whether now known or hereafter developed. As a user, you are
responsible for your own Content and are responsible for the consequences
of your posting such Content. You must not do the following things: post
materials that are copyrighted, unless you are a copyright owner or have
the permission of the copyright owner to post it; post material that violates
any law or infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post a sexually-explicit
image; post or transmit any advertisements, promotional materials, "junk
mail," "spam," chain letters, pyramid schemes or any form of solicitation;
impersonate another person or misrepresent your affiliation with any person
or organization; access the website to obtain a list of users of the website;
access or use any secure or non-public areas of the website without authorization;
or frame or link to the website. 8SA does not represent or guarantee the
truthfulness, accuracy, or reliability of any Content posted by other users
or endorse any opinions expressed by users. You acknowledge that any reliance
on material posted by other users will be at your own risk. 8SA does not
screen communications in advance and is not responsible for screening or
monitoring material posted by users. If 8SA becomes aware of any communication
that allegedly does not conform to these Terms and Conditions, 8SA may
investigate the communication and determine in good faith in its sole discretion
whether to remove or request the removal of the communication. 8SA has
no liability or responsibility to you for performance or nonperformance
of such activities. 8SA reserves the right to remove Content, expel users
and prevent their further access to the website for violating these Terms
and Conditions or the law.
Liability Disclaimer
Your use of this website is at your risk. 8SA does not warrant or represent
that our Content is accurate, error-free, truthful or reliable or that
your use of such material will not infringe rights of third parties. 8SA
does not warrant that the functional aspects of the website will be error
free or that this website or the server that makes it available are free
of viruses or other harmful components. If your use of this website or
our Content results in the need for servicing or replacing property, material,
equipment or data, 8SA is not responsible for those costs. Without limiting
the foregoing, everything on our website is provided to you "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 8SA MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL
CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS,
OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some
jurisdictions may not allow the exclusion of implied warranties. As a result,
some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER 8SA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY
TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 8SA IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
In addition, while 8SA makes every effort possible to work only with suppliers and vendors capable of providing the level of services and amenities expected by 8SA and its customers, 8SA shall not be held liable for the actions or inactions on the part of such suppliers and vendor resulting in any damages to custome.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
Links to Third-Party Sites
8SA has not reviewed all of the sites linked to this website and is not responsible
for the availability, content or accuracy of any pages or other sites linked
via this website. The inclusion of any link to such sites does not imply
endorsement by 8SA of these sites. Your linking to any other pages or sites
is at your own risk. You agree that 8SA will not be liable for any loss
or damages you or any third party may suffer in connection with third party
pages or sites.
Termination
You agree that 8SA may terminate your use of this website if it believes that
you have violated or acted inconsistently with the letter or spirit of
these Terms and Conditions, violated the rights of 8SA or any third party,
or for any reason with or without notice to you. You agree that 8SA may
modify or discontinue this website, with or without notice to you. You
agree that 8SA will not be liable to you or any third party as a result
of such modification or discontinuation.
General
This agreement is governed by the laws of the State of Arizona, USA. You hereby
consent to the exclusive jurisdiction and venue of courts in Maricopa County,
Arizona, USA, in all disputes arising out of or relating to the use of
this Web site. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
8SA as a result of this agreement or use of this Web site. 8SA's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of 8SA's right to comply with
law enforcement requests or requirements relating to your use of this Web
site or information provided to or gathered by 8SA with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. This agreement
constitutes the entire agreement between the customer and 8SA, with respect
to this Web site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the customer
and 8SA, with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data
mentioned herein are not intended to represent any real individual,company,
product, or event. Any rights not expressly granted herein are reserved.
Large Purchases
8SA reserves the right to request an authorizing signature on purchases exceeding
a predetermined amount (currently $300) in an effort to protect against
the possiblity of credit card fraud. This is primarily aimed at protecting
the gift purchasers and so requires an active communication effort with
them as well as their cooperation. Please note that these funds may be
subject to escrow until authorization for an unspecified period of time.
Indemnity
You agree to defend, indemnify, and hold harmless 8SA, its officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, arising
from your use of this website or our Content or your breach of these Terms
and Conditions. 8SA shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
Arbitration
In the event a dispute arises between customer and 8SA, customer agrees that
such dispute shall be settled by arbitration and that any determination
made during arbitration shall be binding upon both parties involved in
said dispute. Arbitration shall take place in Maricopa county Arizona.
Password
You may receive a password in connection with your use of this website. You
will be responsible to maintain the confidentiality of your password and
account, and will be solely responsible for all activities that occur under
your password and account.
Our Address
1-800-Ski-ASAP.com, Inc.
3370 N. Hayden Rd., #123-322
Scottsdale, AZ 85251