Terms of Use

Terms Of Service

Watch & Ride Virtual Snowboard Inc.

Latest Revision November 7th 2018

WELCOME

By accessing and using the website, you agree to be bound by all the terms of service set forth herein. If you don’t agree with these terms, you sole action is to the left 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 individuals under the age of majority, with the consent of a parent or guardian.

OWNERSHIP

Watchandride.com is owned and operated by Fraser Johnston, functioning as Watch & Ride Virtual Snowboard Inc. 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 Watch & Ride, its affiliates and 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 Watch & Ride Virtual Snowboard Inc.

You may download, print and reproduce the Content for your 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 Watch & Ride Virtual Snowboard Inc. To obtain written consent for such reproduction, please contact us at [email protected].

1. REGISTRATION AND 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, full 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 Watch & Ride Virtual Snowboard Inc. of any unauthorized use of your password or username or any other breach of security.

2. 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. Also, without limiting the preceding, you agree not to:

2.1 upload, post, e-mail or otherwise transmit any material that:

Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

2.2 infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party

2.3 is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or 2.

2.4 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;

2.5 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;

2.6 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 to disguise the origin of any material transmitted through the website;

2.7 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

2.8 attempt to gain unauthorized access to the website, other computer systems or networks connected to the website, through password mining or any other means;

2.9 interfere with or disrupt networks or servers connected to the website or violate the regulations, policies or procedures of such networks; and

2.10 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.

3. USER CONTENT AND FORUMS

Watch & Ride Virtual Snowboard Inc. 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 Service, and any other rules which may be published from time to time by Watch & Ride. Watch & Ride Virtual Snowboard Inc. 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.

Watch & Ride Virtual Snowboard Inc. may, but is not obligated to, monitor or review activity and the content of any communications on these Forums. Watch & Ride Virtual Snowboard Inc. reserves the right to terminate the privilege of any user to post on a Forum or to participate in other Watch & Ride services if such users violate these Terms of Service and 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 Service, 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 SA Snowboard Addiction Inc. a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivate works from, publish, edit, translate, distribute, perform and display such Submission in any manner and form. Watch & Ride Virtual Snowboard Inc. 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 Watch & Ride Virtual Snowboard Inc. 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 Watch & Ride Virtual Snowboard Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained on or transmitted from the Website.

4. DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible, the content contained on the website, errors and 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. Watch & ride 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. Watch & Ride 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 Watch & Ride 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 watch & ride 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.

5. INDEMNITY

You agree to indemnify and hold harmless Watch & Ride Virtual Snowboard Inc., 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 username) 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 Service. In particular, you agree to indemnify and hold harmless Watch & Ride Virtual Snowboard Inc., 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. Watch & Ride Snowboard Inc. recommends that users exercise their skill and care on the use of any Content and should obtain any expert advice they consider necessary.

6. THIRD PARTY WEBSITES

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 of Watch & Ride Virtual Snowboard Inc. and that Watch & Ride Virtual Snowboard Inc. has no control over the content of such websites. Consequently, Watch & Ride Virtual Snowboard Inc. cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and 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.

W&R welcomes any feedback that you may have concerning the external links that we have placed on the Website.

7. PRIVACY

Watch & Ride Virtual Snowboard Inc. 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.

8. CHANGES AND TERMINATION

Watch & Ride Virtual Snowboard Inc. 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, Watch & Ride Virtual Snowboard Inc. reserves the right to change these Terms of Service 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 top 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 Watch & Ride Virtual Snowboard Inc. to you for so being bound.

9. TRADEMARKS, COPYRIGHTS AND INTELLECTUAL PROPERTY

“Virtual Snowboard School”, "Virtual Snowboard Academy", "The 5 How To's Of Snowboarding", and “watchandride.com” are trademarks of Watch & Ride Virtual Snowboard Inc. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Watch & Ride Virtual Snowboard Inc. All other trademarks appearing on the Website are the 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. Any 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 Watch & Ride Virtual Snowboard Inc., its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

9.1 Forbid from creating competitive work. Before you buy or use any service from Watch and Ride Virtual Snowboard Inc, you agree not to create something just like it that is a competitive product.

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 Watch & Ride Virtual Snowboard Inc. Upon purchasing one of our Products, you may download, print and reproduce one copy for your 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 Watch & Ride Virtual Snowboard Inc. To obtain written consent for such reproduction, please contact us at [email protected]

10. APPLICABLE LAWS

These Terms of Use are governed by and construed by the laws of the Province of British Columbia and the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the Province of British Columbia. If any provision of the present Terms of Use (and in particular, these provisions regarding applicable laws and submission of 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.” Virtual Snowboard School.” and “watchandride.com” are trademarks of Watch & Ride Virtual Snowboard Inc. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Watch & Ride Virtual Snowboard Inc. All other trademarks appearing on the Website are the 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 Service and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Watch & Ride Virtual Snowboard Inc. on the use of the Website, including the Content.

11. PRODUCTS

Thank you for purchasing one of the Watch & Ride Virtual Snowboard Inc. training courses (collectively the “Products”). On-line purchases are limited to individuals above the age of majority, or to persons under the age of majority, with the consent

of a parent or guardian.

12. TRADEMARKS

“Virtual Snowboard School.” and “The 5 How To’s of Snowboarding” are Watch & Ride Virtual Snowboard Inc. Other marks, graphics, typefaces, trademarks and logos appearing in our Products are trademarks or trade dress of Watch & Ride Virtual Snowboard Inc. All other trademarks appearing in our Products are the 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.

13. 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 [email protected]

14. REFUND

If you don't learn anything that helps improve your riding, Watch & Ride will refund you 100% of your purchase price. Before reaching out to us for your refund please: apply and practice the material from the Virtual Snowboard School. If you still feel you haven't received adequate value, please write us an email explaining what you have tried and why you are dissatisfied. We do not refund postage and packaging. This warranty is valid up to 14 days after your initial purchase date, which will allow you sufficient time to apply the ideas and techniques suggested and evaluate whether they work.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Watch & Ride Virtual Snowboard Inc. on the purchase of products.