Terms of Use

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sun & Ski. The collective work includes works that are licensed to Sun & Ski. Copyright 2017, Sun & Ski ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sun & Ski or purchasing Sun & Ski products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sun & Ski or to purchase Sun & Ski products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sun & Ski. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Sun & Ski used in the site are trademarks or registered trademarks of Sun & Ski

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sun & Ski disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sun & Ski does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sun & Ski does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Sun & Ski shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sun & Ski has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Sun & Ski product is mistakenly listed at an incorrect price, Sun & Ski reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sun & Ski reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sun & Ski shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sun & Ski without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Sun & Ski may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sun & Ski.

Mobile Terms & Conditions

Sun & Ski offers its customers marketing and promotional alerts (e.g. cart reminders) by SMS message (the "Service") on 64924. Sun & Ski customers have the option to opt-in to receive order, shipping, and instore service mobile alerts by SMS message (the "Service") on 83587. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Sun & Ski reserves the right to stop offering the Service at any time with or without notice. Sun & Ski also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the Service, you:

1. Authorize Sun & Ski to use an automatic telephone dialing system to send recurring automated text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call support at 1-866-786-3869. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 64924, your message frequency may vary. You may receive alerts about:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Cart reminders
5. Back in stock alerts
6. Price drop alerts
7. Low inventory alerts

Once you affirm your choice to opt-in to the Service on 83587, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

1. Order Confirmation
2. Order Updates
3. Shipping information
4. Delivery notification
5. Rental confirmation
6. Rental pick up reminders
7. Rental return reminders

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Sun & Ski Sports may add or remove any wireless carrier from the Service at any time without notice. Sun & Ski and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Sun & Ski, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 64924 or 83587 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Sun & Ski. You can also contact us at customer support 1-866-786-3869. These are the exclusive methods for optinng out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 64924 or 83587. This will provide you with a customer support toll-free number to call at 1-866-786-3869. You can also contact us at Sun & Ski 10225 Mula Rd Suite 120 Stafford TX 77477.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Sun & Ski Sports will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Sun & Ski Sports hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA's Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA's Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Sun & Ski Sports ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Sun & Ski Sports AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Sun & Ski Sports are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Sun & Ski Sports, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA's Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sun & Ski products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sun & Ski products) must be commenced within one (1) year after the claim or cause of action arises. Sun & Ski failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sun & Ski may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sun & Ski or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Sun & Ski does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sun & Ski is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sun & Ski reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sun & Ski in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Sun & Ski, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Sun & Ski may link to sites operated by third parties. However, even if the third party is affiliated with Sun & Ski, Sun & Ski has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sun & Ski. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sun & Ski seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

User Generated Content

"User Generated Content" means comments, photos, videos and other content you post or share on a social media platform and by tagging or using a Sun & Ski Sports handle or hashtag.

By posting, distributing, sending or displaying User Generated Content, you are granting to Sun & Ski Sports a limited, non-exclusive, royalty-free, perpetual, transferable, fully paid-up, worldwide, and sublicenseable right to use, modify, reproduce, distribute, publicly display and publicly perform your User Generated Content in any and all digital media now known or hereinafter developed (including digital and email marketing) without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, for Sun & Ski Sports' marketing purposes. This license is perpetual, meaning that the license lasts for an indefinite period of time. You continue to retain all ownership rights in your User Generated Content, and you continue to have the right to use your User Generated Content in any way you choose, subject to these terms and the license described herein.

You represent and warrant that you own the content submitted, displayed, published or posted by you and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Sun & Ski Sports use thereof does not and will not infringe or otherwise violate the privacy rights, publicity rights, copyright, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

User Generated Content submitted by you is deemed non-confidential and Sun & Ski Sports is under no obligation to treat such User Generated Content as proprietary information. Sun & Ski Sports is under no obligation to accept or transmit User Generated Content and can remove User Generated Content from its media for any reason at any time.

If you believe in good faith that certain User Generated Content on our website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Sun & Ski Sports that your copyrighted material has been infringed.

Please provide the following information in the following order:

1. 1. A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. 2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our website, such as a link to the infringing material.
3. 3. Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number.
4. 4. Include the following statement: "I have 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. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
5. 5. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on our website should be emailed or mailed to: