In addition, we may use your personal information, for example, to deliver free promotional materials or newsletters to you, unless you prefer that we not contact you in the future. If you would prefer not to receive such information from us, simply notify us that effect using the contact information provided in the section below entitled “Contact Us.”
The Contents of our Site, and the Site as a whole, are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. Please understand that by allowing you to download these materials, we expressly do not transfer to you any right, title or interest in the materials.
You are prohibited from posting or transmitting any advertising, “spam,” unlawful, or other material we deem inappropriate for our Site. The Company disclaims all responsibility or liability arising from the content of any user postings.
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate burden on our Site. We reserve the sole and absolute discretion to deny, revoke or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions. Complaints Over Perceived Infringement The Company respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, repeatedly infringe the intellectual property rights of others. If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work. Designated Agent If you believe materials posted on our site infringe the copyright in your Work, please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. Â§512) to respond to such concerns (our “Designated Agent”):
Webmaster Marker-Volkl USA
112 Etna Road
Lebanon, NH 03766
Your notice to our Designated Agent should follow the notice provisions set out in the Digital Millennium Copyright Act (17 U.S.C. Â§512). Additional information can be obtained from the web site of the Copyright Office, located at http://www.loc.gov. Links To Other Web Sites And Services Our Site may have links to other outside, non-Company web sites (“Third Party Sites”). We do not necessarily endorse, sanction, or verify these Third Party Sites, and we provide these links merely for our users’ convenience. The Third Party Sites will have their own rules and privacy policies that you may wish to review, and the Company assumes no responsibility for the Third Party Sites. We do not control the availability or content of any Third Party Sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Pricing Policy: If we mistakenly have priced an item too high, you will be charged the lower price, provided that your order is for your own personal use, and not for further resale. If we have mistakenly priced an item too low, we will contact you to inform you of the correct price before shipping. You may, of course, cancel your order if you so desire. Acceptance of Orders The receipt of an e-mail order confirmation does not constitute the acceptance of an order from our Site. We reserve the right, without prior notification, to limit the quantity on orders made from our Site, and /or to refuse service to any user who acts in violation of these Terms and Conditions. Disclaimer While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content on this Site.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations pregarding the exclusion of implied warranties. Indemnification You agree to defend, indemnify and hold the Company harmless from anagainst any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms and Conditions. Limitation of Liability NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. Agreement Your use of this Site constitutes your agreement to follow and be bound by these rules and our policies. We may from time to time change the rules and policies that govern use of this Site. Whenever we make a change, we will post the updated policy at this Site. By using this Site following the posting of a change in to our rules or policies, you consent to the updated policy. Any changes will apply prospectively only. We may, of course, change, move, or delete portions our Site, or may add to our Site from time to time. Security of Information We have put in place security control systems designed to prevent unauthorized disclosure of your personal information. Due to the nature of the Internet and developing technologies, we cannot, however, provide assurances as to the security of your information, and expressly disclaim any such obligations. Assignment In the event that the Company may wish to assign or transfer your personal information and its rights hereunder to a third party, you agree that the Company may do so, on the condition that such third party agree to abide by the Company’s applicable Terms and Conditions concerning privacy. Choice of Law and Jurisdiction Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting the goods of the Company. This Site is controlled and operated by the Company from its location in New Hampshire. This Agreement shall be construed in accordance with the laws of the state of New Hampshire, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in New Hampshire. Please Contact Us We are always happy to listen to your comments, and answer your questions. You may contact us by e-mail, telephone, fax, or mail, as follows:
112 Etna Road
Lebanon, NH 03766