REFUND POLICY
We will be operating according to a policy of no refunds because the benefits of membership kick in instantly. We do however wish to make sure that all of our members needs in regard to Who Skates are being met, if you have questions or comments please don't hesitate to get in touch with us at 207-967-8589
WHO SKATES TERMS AND CONDITIONS
INTRODUCTION
Who? Skates is a grassroots dirt bike program based in Maine for woods and mx riders. The intent of Who Skates is to provide services related to competition and activism for its’ members. We suggest you print out a copy of the Terms and Conditions for your records.
AGREEMENT BETWEEN MEMBER and Who Skates
The Who Skates Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Who Skates Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Who Skates reserves the right to change the terms, conditions, and notices under which the Who Skates Web Site is offered, including but not limited to the charges and benefits associated with the use of the Who Skates Web Site. Changes in charges and benefits will affect new and renewing members.
LINKS TO THIRD PARTY SITES
The Who Skates Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Who Skates and Who Skates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Who Skates is not responsible for webcasting or any other form of transmission received from any Linked Site. Who Skates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Who Skates of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
USE OF MATERIALS
This site is owned and operated by Who Skates. No material from any Who Skates Web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of Who Skates, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Who Skates' copyright and other proprietary rights and may be subject to civil and/or criminal penalties.
As a condition of your use of the Who Skates Web Site, you warrant to Who Skates that you will not use the Who Skates Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Who Skates Web Site in any manner which could damage, disable, overburden, or impair the Who Skates Web Site or interfere with any other party's use and enjoyment of the Who Skates Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Who Skates Web Site or affiliate sites.
USE OF COMMUNICATION SERVICES
The Who Skates Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Who Skates is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Who Skates has no obligation to monitor the Communication Services. However, Who Skates reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Who Skates reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Who Skates reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Who Skates sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Who Skates does not control or endorse the content, messages or information found in any Communication Service and, therefore, Who Skates specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Who Skates spokespersons, and their views do not necessarily reflect those of Who Skates.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Who Skates
Who Skates does not claim ownership of the materials you provide to Who Skates(including feedback and suggestions) or post, upload, input or submit to any Who Skates Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Who Skates, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Who Skates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Who Skates' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY PRODUCTS AND SERVICES
We are not responsible for examining or evaluating any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the Site. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.
We are not involved in any actual transaction between any Site user and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any Site users and third party relating to or arising out of any transaction between such parties. We urge Site users and third parties to cooperate with one another to resolve any such disputes.
LIABILITY DISCLAIMER
Merchant and service availability, price and time-related information appearing on the Who Skates Web Site are subject to change. Who Skates is not responsible for any such changes and advises you to confirm all specific terms appearing on the Who Skates Web site before acting in reliance on such terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Who Skates WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Who Skates AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Who Skates WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Who Skates WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Who Skates AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Who Skates WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Who Skates AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Who Skates AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Who Skates WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Who Skates WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Who Skates WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Who Skates WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Who Skates OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Who Skates WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Who Skates WEB SITE.
SERVICE CONTACT:
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold Who Skates (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Who Skates BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF Who Skates OR A Who Skates AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AGI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
TERMINATION/ACCESS RESTRICTION
Who Skates reserves the right, in its sole discretion, to terminate your access to the Who Skates Web Site and the related services or any portion thereof at any time, without notice. These terms shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Use of the Who Skates 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 Who Skates as a result of this agreement or use of the Who Skates Web Site. Who Skates' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation Who Skates' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Who Skates Web Site or information provided to or gathered by Who Skates 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Who Skates with respect to the Who Skates Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Who Skates with respect to the Who Skates 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 an d subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Who Skates Web Site are: Copyright 2008 by Who Skates and/or its suppliers. All rights reserved.
TRADEMARKS
Who Skates; the Who Skates logo, Who; Who logo, represent a partial list of trademarks associated with Who Skates which are protected by law. Other trademarks not listed here, but which are associated with Who Skates and its’ sponsors, are protected by law as well. Duplication, tampering or unauthorized use in any way of any Who Skates trademarks is prohibited and offenders may be subject to fines and civil and/or criminal prosecution.
MISCELLANEOUS
Who Skates is a new service. Some privacy issues may arise that we have not yet considered. Accordingly, we will be making changes to our privacy policy as needed. By agreeing to the Terms and Conditions, you are bound by those future changes as well. If we make changes, we will post them on our site to make sure users are aware of what those changes are, what type of information we track or collect, how it is likely to be used, and to whom and under what circumstances such information is disclosed. If we are going to use personally identifiable information in a manner materially different from that stated at the time the information was collected, we will post a notice of the change on our website for at least 30 days.
The above terms and policies may be subject to change; the result of any change will be reflected on these pages.