You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of SnowPak and/or various third-party providers (each a "Provider"), and is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code and equivalent laws in other jurisdictions.
You may only use this Site to purchase the products/services offered by SnowPak, and shall not use this Site to make any speculative, false or fraudulent Purchases. You may not use any automated means to access this Site, unless specifically permitted by SnowPak. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Purchase in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print, in hard-copy, portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without SnowPak's prior written consent is prohibited.
Ownership of the Site
The Site, all Content on the Site and software used to provide the Site and its services are and will remain the exclusive property of SnowPak and its partners. Any feedback, comments, or suggestions you may provide regarding SnowPak, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Purchase; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SNOWPAK, INC. —INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES") —BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH: (A) ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR (B) ANY ACTIVITIES YOU PARTICIPATE IN AS A RESULT OF PURCHASES MADE ON THE SITE, IN EACH CASE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labour disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, rerouting or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law.
To the fullest extent permitted by applicable law, the aggregate cumulative liability of the Covered Parties to a User will be limited to the fee or charge to the User assessed by SnowPak for making a Purchase.
If you use this Site to submit Purchases for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
You agree to defend, indemnify and hold harmless the Covered Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Site and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms and Conditions.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to SnowPak, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Purchase caused by an incorrect email address provided by you or other technical problems beyond their control.
Corporate Identification and Trademarks
"SnowPak", "SnowPak.com" and any and all other marks appearing on this Site are trademarks of SnowPak in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without SnowPak's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In such case, the internal laws of the State of New South Wales, Australia shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in New South Wales, Australia for any such disputes.