Terms & Conditions

By visiting www.focussnowboards.com or purchasing any product from Focus Snowboards, you agree to our terms as conditions.

Website Terms Of Use

Welcome

Focus Snowboards (“we”, “us”, “our”) welcomes you to our website (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website located at www.focussnowboards.com. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

Children under the age of thirteen (13) are not permitted to register on this Website. On-line purchases are limited to persons above the age of majority, or to persons under the age of majority, with the consent of a parent or guardian.

Ownership / Restrictions On Use

The Website is owned and operated by Focus Snowboards. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to Focus Snowboards, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Focus Snowboards. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Focus Snowboards. To obtain written consent for such reproduction, please contact us at info@focussnowboards.com.

Linking

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Focus Snowboards and that Focus Snowboards has no control over the content of such websites. Consequently, Focus Snowboards cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.

Registration & Passwords

To access certain portions of the Website, including without limitation, to shop online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may be given a password or user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Focus Snowboards of any unauthorized use of your password or user name or any other breach of security.

User Conduct

As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:

1. Upload, post, e-mail or otherwise transmit any material that:
2. Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
3. Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party
4. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
5. Or contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
6. Harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
7. For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
8. Impersonate any person or entity, including, but not limited to, a Focus Snowboards employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. Attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
10. Interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
11. Use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.

The foregoing is hereinafter collectively referred to as the “Code of Conduct”.

Chat Rooms, Other Forums & Submissions

Focus Snowboards may from time to time make chat rooms, discussion forums, message/bulletin boards, news groups and other such online communities (the “Forums”) available to you, provided that in connecting to and using such Forums, you abide by the Code of Conduct, the other conditions of these Terms of Use, and any other rules which may be published from time to time by Focus Snowboards. Focus Snowboards is not responsible for material posted on such Forums and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. Focus Snowboards may, but is not obligated to, monitor or review activity and the content of any communications on these Forums. Focus Snowboards reserves the right to terminate the privilege of any user to post on a Forum or to participate in other Focus Snowboards services if such users violate these Terms of Use and/or the Code of Conduct.

Subject to the terms and conditions of our Website Privacy Statement and to the other conditions contained in these Terms of Use, in the event you submit any notes, messages / billboard postings, ideas, suggestions, concepts, material to a Forum or any other material to the Website, such information shall be deemed to be non-confidential. Upon submission, you irrevocably waive all your moral rights in such submission and grant Focus Snowboards a royalty-free, perpetual, irrevocable, world-wide non-exclusive licence to use, reproduce, create derivate works from, publish, edit, translate, distribute, perform and display such submission in any manner and form. Focus Snowboards is not responsible for the content of any submission to the Website. Submissions represent the views and opinions of the person(s) submitting same.

You acknowledge that Focus Snowboards may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained on the Website. You agree that Focus Snowboards has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained on or transmitted by the Website.

Disclaimer / Limitation Of Liability

Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Focus Snowboards DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Focus Snowboards DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.

IN NO EVENT SHALL Focus Snowboards BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF Focus Snowboards HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS. ALL OF THE TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE SITE ARE PROVIDED IN OUR TERMS OF SALES, WHICH YOU MAY REVIEW WHEN YOU PURCHASE A PRODUCT.

Indemnity

You agree to indemnify and hold harmless Focus Snowboards, its affiliates, members, officers, employees, agents, sponsors, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content you (or anyone acting under your password
or user name) submit, post, transmit or make available on the Website and/or (b) your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

In particular, you agree to indemnify and hold harmless Focus Snowboards, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content. Focus Snowboards recommends that users exercise their own skill and care with respect to the use of any Content and should obtain any expert advise they consider necessary.

Privacy

Focus Snowboards respects your right to privacy of your personal information. Please review our Website Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Changes & Termination

Focus Snowboards reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Focus Snowboards reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Focus Snowboards to you for so being bound.

Trademarks

“Focus Snowboards” and “focussnowboards.com” are trademarks of Focus Snowboards. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Focus Snowboards. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Applicable Laws

These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the Province of Alberta. If any provision of the present Terms of Use (and in particular, these provisions regarding applicable laws and submission to jurisdiction) shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.”Focus Snowboards” and “focussnowboards.com” are trademarks of Focus Snowboards. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Focus Snowboards. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Focus Snowboards with respect to the use of the Website, including the Content.

Notice

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at info@focussnowboards.com.

Product Terms Of Use

WelcomeThank you for purchasing one of the Focus Snowboards (“we”, “us”, “our”) and our included video coaching program (collectively the “Products”). Please read the following terms of use for our Products (“Terms of Use”). By purchasing our Products, you agree to be bound by all the Terms of Use set forth herein.On-line purchases are limited to persons above the age of majority, or to persons under the age of majority, with the consent of a parent or guardian.Ownership / Restrictions On UseAny and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in our Products are proprietary to Focus Snowboards, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Focus Snowboards. Upon purchasing one of our Products, you may download, print and reproduce one copy for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Products. Reproduction of multiple copies of our Products, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Focus Snowboards. To obtain written consent for such reproduction, please contact us at info@focussnowboards.com.Disclaimer / Limitation Of LiabilityAlthough we strive to update and keep accurate as much as possible the content contained in our Products, errors and/or omissions may occur.

ACCORDINGLY, OUR COACHING PRODUCTS ARE BEING OFFERED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Focus Snowboards DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Focus Snowboards DOES NOT WARRANT THAT THE OPERATION OF THE COACHING PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.IN NO EVENT SHALL Focus Snowboards BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, EVEN IF Focus Snowboards HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE SITE ARE PROVIDED IN OUR TERMS OF SALES, WHICH YOU MAY VIEW WHEN YOU PURCHASE A PRODUCT.

Indemnity

You agree to indemnify and hold harmless Focus Snowboards, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any of our Products, including but not limited to the snowboard instruction program’s. Focus Snowboards recommends that users exercise their own skill and care with respect to the use of our Products and should obtain any expert advice they consider necessary.Trademarks“Focus Snowboards” and “focussnowboards.com” are trademarks of Focus Snowboards. Other marks, graphics, typefaces, trademarks and logos appearing in our Products are trademarks or trade dress of Focus Snowboards. All other trademarks appearing in our Products are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Applicable Laws

These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the Province of Alberta. If any provision of the present Terms of Use (and in particular, these provisions regarding applicable laws and submission to jurisdiction) shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Focus Snowboards with respect to the purchase of our Products.

Terms Of Service

Overview

This website is operated by Focus Snowboards. Throughout the site, the terms “we”, “us” and “our” refer to Focus Snowboards. Focus Snowboards offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness & Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications To The Service & Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Price adjustments will only made to customers by request, who've purchased within a week of a sale or price adjustment. Price adjustment on orders will not be made if the order was placed more than 1 week from the sale or price adjustment.

Section 5 - Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy Of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 - Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Focus Snowboards, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Focus Snowboards and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Alberta and of the laws of Canada.

Section 19 - Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at info@focussnowboards.com.

Additional Notes

Notices

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at info@focussnowboards.com.

Copyright 2023 Focus Snowboards. All rights reserved.