Terms & Conditions
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
Denial of Access
Our Customer Service Specialists are ready to assist you and address your concerns—email firstname.lastname@example.org
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.
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.
Site Policies, Modification and Severability
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.
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.
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.
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
Effective Date 11/1/2019