BY USING SKIERLAB.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW IN ADDITION TO THE SKIERLAB SAFETY DISCLAIMER.
The terms “we,” “us,” and “our” refer to Section 8 Sports Inc. The term the “Site” refers to https://skierlab.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
SkierLab.com is a membership site for online training, courses, resources and other content relating to the sport of skiing and ski improvement (the “Service”).
Use of SkierLab.com, including all materials presented herein and all online services provided by Section 8 Sports Inc. is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, as well as to our Safety Disclaimer without modification, and acknowledge reading them.
Parties agree that the Service is educational in nature. The scope of services provided by Section 8 Sports Inc. according to this Agreement are limited to those listed on the SkierLab.com website. Section 8 Sports Inc reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
CANCELLATIONS, REFUNDS & RETURNS
We offer a 14 day refund policy on 'SkierLab Digital Products' such as Site Memberships and Piste to Peak Instructional Videos should you be unhappy with the Product or Service. To request a refund please contact support at https://skierlab.com/support or email firstname.lastname@example.org.
You may cancel a monthly or annual subscription at any time via your account page, but no refunds will be made for any membership fees already paid (unless you apply for a refund within the first 14 days of your membership). Once you cancel, you will no longer have access to the service, including all content and community resources, after your current membership period is completed.
The 14 day refund period only applies to your first subscription and cannot be used more than once.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service.
NOTE* - This refund policy does not include Section 8 Sports Inc Camps and Courses, or any 3rd party products, services or events promoted or sold via the SkierLab.com website. Please refer to the individual refund policies for such events.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to ski technique and other information are subject to change. Section 8 Sports Inc. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Section 8 Sport Inc. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Section 8 Sports Inc. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, CRM Services, SaaS programs, etc.). You agree and understand that no breach of contract action may be initiated against Section 8 Sports Inc when there are reasonable delays in the access of the Service.
Section 8 Sport Inc. reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Section 8 Sports Inc. or the SkierLab.com website should dissolve or cease to exist, then your access to the Service terminates.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Section 8 Sports Inc. may provide access to a community or social media platforms in conjunction with the Service. Section 8 Sports Inc. is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Section 8 Sports Inc. may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. We will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Section 8 Sports Inc. is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Section 8 Sports Inc. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to skierlab.com remains yours to the extent that you have any legal claims therein. You agree to hold Section 8 Sports Inc. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Images and video may be submitted to skierlab.com for public technical analysis and/or symptom examples. In doing so you consent to your name, words, voice, and likeness being used by Section 8 Sports Inc. for educational content, promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Section 8 Sports Inc., including trademarks, copyrights, proprietary information, and other intellectual property. Section 8 Sports Inc.’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Section 8 Sports Inc.'s copyrighted materials shall remain the sole property of the Section 8 Sports Inc. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SECTION 8 SPORTS INC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH
(I) INJURY OR DEATH TO YOU OR MEMBERS OF YOUR KIN FROM PRACTICING TECHNIQUES OR TACTICS LEARNED FROM SKIERLAB.COM OR ITS PARTNERS
(II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA OR LINE OR SYSTEM FAILURE;
(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND
(III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
THE FOREGOING APPLIES EVEN IF SECTION 8 SPORTS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SECTION 8 SPORTS INC.'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SECTION 8 SPORTS INC., AND IF NO PURCHASE HAS BEEN MADE BY YOU SECTION 8 SPORTS INC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100 CAD.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Section 8 Sports Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT WAIVER
This Agreement constitutes the entire agreement between you and Section 8 Sports Inc. pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Section 8 Sports Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Section 8 Sports Inc.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Section 8 Sports Inc.
Unit 18 - 255 Anderton Ave.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The Website https://skierlab.com is owned and operated by Section 8 Sports Inc. and may contain affiliate links or other forms of monetization.
SkierLab.com abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
Section 8 Sports Inc. is never directly compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This site does not contain any content which might present a conflict of interest.
Section 8 Sports Inc. makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to or from this site.