Terms & Conditions

Please review the following terms and conditions (‘Terms of Use’) that govern your use and purchase of products (collectively, ‘Use’) of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Fitness Marketplace LLC DBA SkiingMarketplace.com or its subsidiaries and affiliates. Any use of the Contents without Fitness Marketplace’s express written consent is strictly prohibited.

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Fitness Marketplace LLC DBA SkiingMarketplace.com using this Site or otherwise (collectively, ‘Comments’) are not confidential and will become and remain Fitness Marketplace LLC’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Fitness Marketplace LLC of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. Fitness Marketplace LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Fitness Marketplace LLC DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH FITNESS MARKETPLACE LLC DBA SKIINGMARKETPLACE.COM ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Fitness Marketplace LLC NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. FITNESS MARKETPLACE LLC DBA SKIINGMARKETPLACE.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF FITNESS MARKETPLACE LLC DBA SKIINGMARKETPLACE.COM’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FITNESS MARKETPLACE LLC DBA SKIINGMARKETPLACE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Fitness Marketplace LLC. If in Fitness Marketplace LLC’s sole discretion, you fail to comply with any term or provision of this agreement, Fitness Marketplace LLC may deny you access to the Site. In the event of denial of access by Fitness Marketplace, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Fitness Marketplace LLC DBA SkiingMarketplace.com relating to the subject matter addressed herein.

Disputes

Our Customer Service Specialists are ready to assist you and address your concerns—email contact@skiingmarketplace.com

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Skiing Marketplace.com or Fitness Marketplace LLC other entities through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FITNESS MARKETPLACE LLC DBA SKIINGMARKETPLACE.COM WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of Skiing Marketplace’s services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Links to Other Websites and Services

This Site may include links to other Internet sites maintained by Fitness Marketplace LLC or third parties (‘Linked Sites’). Skiing Marketplace provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Fitness Marketplace LLC of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Skiingmarketplace.com site. Linked Sites are not under the control of us and we are not responsible for the contents of any Linked Site.

Microsoft Mapping Privacy and Terms of Use

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement. Microsoft reserves the right to change the Microsoft Terms of Use and Privacy Statement at any time, at their sole discretion. For additional information, please see Microsoft Terms of Use and Microsoft Privacy Policy.

Merchandise Availability

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail.  You will receive a shipping confirmation e-mail once your items have shipped.

Product Information

The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Content Posted to Social Media Assets

Fitness Marketplace LLC DBA SkiingMarketplace.com uses a variety of third-party social media websites, communication services and media channels such as Facebook, Twitter and Instagram (collectively, “Social Media Assets”) to communicate and interact with our customers. By posting or submitting content to these Social Media Assets, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content. To the extent submitted content contains images, you represent and warrant that: (a) you are the copyright owner or have obtained the copyright owner’s permission to use such images; (b) you hold the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) you have obtained the consent of each person, if any, depicted in such images.

License

By posting, uploading, or providing content to the Site or Social Media Assets using a Skiing Marketplace hashtag (such as #skiingmarketplace) or tagging Skiing Marketplace, you grant Fitness Marketplace LLC a perpetual, irrevocable, sub-licensable license to use worldwide, royalty-free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Effective Date 11/1/2019