TERMS AND CONDITIONS OF USE

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. YOUR USE OF THE SNOWBOARD-REVOLUTION.COM WEBSITE (THE “SITE”) CONSTIUTES YOUR UNCONDITIONAL AGREEMENT TO ABIDE AND BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

MODIFICATION OF TERMS AND CONDITIONS OF USE

Snowboard Revolution LLC reserves the right to modify these Terms and Conditions of Use at any time without prior notice. You agree to review these Terms and Conditions of Use on a regular basis to familiarize yourself with all such modifications. If you do not agree to any modifications then you are not authorized to use this Site.

USE OF SITE

By using this Site you confirm that you are at least 18 years old. If you are under the age of 18 but at least 13 years old then you may use this Site but only under the supervision of a parent or legal guardian who agrees to abide by and be bound by these Terms and Conditions of Use. Snowboard Revolution LLC does not intentionally collect personal information about children under the age of 13. If you are a parent or legal guardian agreeing to these Terms of Use on behalf of a child between the ages of 13 and 18, you will be held responsible for his or her use of this Site, including but not limited to all financial charges and legal liability that he or she may incur. If you do not agree to any of these Terms and Conditions of Use, your child is not authorized to use this Site. By using this Site, you confirm and certify that all information that you provide is truthful, accurate and complete. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products requested.

ORDERING PRODUCTS

All orders placed through this Site are subject to Snowboard Revolution LLC’s acceptance, which may be denied or withheld in Snowboard Revolution LLC’s sole discretion. Snowboard Revolution LLC also reserves the right, at our sole discretion, to refuse or cancel any order for any reason at any time. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

PRICING INFORMATION

Snowboard Revolution LLC cannot confirm the price of any product until after you have ordered the product. In the event that any product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Snowboard Revolution LLC shall have the right, in its sole discretion, to refuse or cancel any orders placed for that product. If you have paid for the product prior to such cancellation, you will receive a refund.

DELIVERY

Any delivery dates are approximate. Snowboard Revolution LLC shall not be liable for nay delay in or failure of delivery due to causes beyond its reasonable control, including without limitation, acts of God or public authority, your acts or omissions, fires, labor disturbances, floods, extreme weather conditions, accidents, war, insurrection or riot, direction or acts of civil or military authority, freight embargoes, failures of and delays by carriers, shortages of materials or products, or delays of a supplier or subcontractor.

COLORS

Snowboard Revolution LLC has attempted to display the colors of the products sold on this Sit as accurately as possible. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

INTELLECTUAL PROPERTY

Unless otherwise indicated, all materials, including images, text, illustrations, designs, icons, photographs, programs, music lips or downloads, video clips and written and other materials that are part of this Site (collectively referred to herein as the “Content”) are the intellectual property of Snowboard Revolution LLC or of third parties who have given Snowboard Revolution LLC their consent to use such materials. All Content is the exclusive property of Snowboard Revolution and is protected and copyright, trademark and other intellectual property laws. The name “Snowboard Revolution” and all logos related to the products and services sold or otherwise offered on this Site are the property of Snowboard Revolution LLC. No trademark or service mark license is granted in connection with the Content. Access to this Site does not authorize anyone to use any of Snowboard Revolution LLC’s names, logos or trademarks in any manner without the prior written consent of Snowboard Revolution LLC.

USER GENERATED CONTENT

Snowboard Revolution LLC does not, and has no obligation to review the communications, materials, information, opinions and other content posted and/or submitted by users of this Site (collectively referred to as “User Generated Content”). Snowboard Revolution LLC does shall not be responsible for any User Generated Content and cannot guarantee the accuracy, integrity or quality of User Generated Content, including without limitation, any User Generated Content which may be harmful, inaccurate, deceptive, offensive, defamatory, or otherwise objectionable for any reason. You acknowledge and agree that by allowing you to access User Generated Content on this Site, Snowboard Revolution LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on this Site. You further acknowledge and agree that the User Generated Content does not necessary represent the views, opinions or beliefs of Snowboard Revolution LLC. Notwithstanding the foregoing, Snowboard Revolution LLC reserves the option and the right to monitor User Generated Content and to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason at all without prior notice. ANY USE OF USER GENERATED CONTENT ON THIS SITE SHALL BE AT YOUR OWN RISK. You agree that you will not post, publish or otherwise distribute on this Site which Snowboard Revolution LLC deems, in its sole and absolute discretion, abusive, threatening, harassing, defamatory, obscene, pornographic, fraudulent, deceptive, misleading, illegal, or otherwise objectionable to Snowboard Revolution LLC for any reason. You agree that you will not use this Site to solicit others to join or become members of any other commercial website or organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this Site.

USE OF USER GENERATED CONTENT

You agree that Snowboard Revolution LLC is free to use any comments, information, designs, ideas, images, photographs, videos, or other materials contained in any User Generated Content posted by you to this Site, or contained in any communication you may send to Snowboard Revolution LLC without notice, compensation or acknowledgement to you for any purpose whatsoever, including without limitation, development, manufacturing and/or marketing of products or services, regardless of whether Snowboard Revolution LLC profits from the use of the User Generated Content. You waive and release any and all claims to any portion of any such profits.

THIRD PARTY LINKS

There may be links on this Site to websites operated by third parties. By using this Site, you agree and acknowledge that Snowboard Revolution LLC has no control over these websites, all of which have separate terms and conditions and privacy policies independent of Snowboard Revolution LLC. These third party websites are only for your convenience and you may access them only at your own risk.

IDEMNIFICATION

You agree to indemnify, defend, and hold harmless Snowboard Revolution LLC, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Site.

PRIVACY AND SITE SECURITY

The terms governing the handling of any personally identifiable information and other information that you submit to this Site are set forth in Snowboard Revolution LLC’s Privacy Policy. By using this Site, you agree that you will not violate or attempt to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a service or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without property authorization; (c) attempting to interfere with the service to any user, host or network; (d) submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site; (e) sending unsolicited email, including advertisements, (f) forging any TCP/IP packet header or any part of the header information in any email or posting. Snowboard Revolution LLC will investigate occurrences that may involve such violations and may seek to prosecute users who are involved in such violations. You further agree not to interfere or attempt to interfere with the proper functioning of this Site. You agree not to use or attempt to use any search engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other that those search engines generally available to third party web browsers such as Netscape Navigator or Microsoft Explorer.

WARRANTY DISCLAIMER

THIS SITE IS PROVIDED BY SNOWBOARD REVOLUTION LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. SNOWBOARD REVOLUTION LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SNOWBOARD REVOLUTION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. USER GENERATED CONTENT: ALL USER GENERATED CONTENT IS PROVIDED BY A THIRD PARTY, AND NOT BY SNOWBOARD REVOLUTION LLC. SNOWBOARD REVOLUTION LLC DOES NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SNOWBOARD REVOLUTION LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SNOWBOARD REVOLUTION LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SNOWBOARD REVOLUTION LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

JURISDICTION

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Snowboard Revolution LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Snowboard Revolution LLC’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Ohio law without regard to conflicts of law provisions. Except where prohibited, you agree that nay and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Snowboard Revolution products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Cuyahoga County, Ohio, and you consent to the exclusive personal jurisdiction of such courts. Snowboard Revolution LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or Snowboard Revolution LLC. You may terminate this Agreement at any time by discontinuing use of this Site. Snowboard Revolution LLC also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, for any reason whatsoever or for no reason at all. Upon any termination of the Agreement by either you or Snowboard Revolution LLC, you agree that you will promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Snowboard Revolution LLC’s right to any User Generated Content shall survive any termination of this Agreement.

COPYRIGHT NOTICE

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that materials appearing on the Internet infringes their rights under U.S. copyright law. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Snowboard Revolution LLC’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent and providing the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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 Snowboard Revolution LLC to locate the material; (4) Information reasonably sufficient to permit Snowboard Revolution LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Snowboard Revolution LLC’s Designated Agent for notice of claims of copyright infringement can be reached as follows:

By Mail:
DESIGNATED AGENT
6140 Parkland Blvd., Suite 300
Mayfield Heights, OH   44124

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Snowboard Revolution LLC, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Therefore you should consult your legal advisor before filing a notice with Snowboard Revolution LLC’s Designed Agent.