This site is operated by The Sport Loft. These terms and conditions apply to and govern your, and any authorized user of your account, use of this site, including all services provided therein (“site”), and use of all products purchased from this site. Your use of this site or products purchased from it signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not access or otherwise use this site or purchase products from it. Changes to these terms and conditions will be effective when posted. You agree to review these terms and conditions periodically to be aware of any changes. Your continued use of this site after any changes to these terms and conditions are posted will be considered acceptance of those changes.
The Sport Loft grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by The Sport Loft. The Sport Loft cannot and does not screen content provided by users of the site. In order to maintain an informative and valuable service that meets the needs of the users of the site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which may be deemed indecent, obscene or pornographic.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users use of the site.
You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the site’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, The Sport Loft reserves the right to take such action as it deems appropriate in cases where the site is used to disseminate statements which are deeply and widely offensive and/or harmful.
You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the site for goods or services except in those areas (e.g., a classified bulletin board), if any, that are designated for such purpose.
You may not list or send unsolicited mass communications to 5 people or more if such communication could reasonably be expected to provoke complaints from its recipients.
You may not use the facilities and capabilities of the service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the site in any manner not allowed for herein.
If you use this site from other locations, you are responsible for compliance with applicable local laws.
The Sport Loft may remove any submission at any time at its sole discretion.
Mountain recreation in all their forms are high risk activities; you may be severely injured or killed by engaging then or any related activity. You agree to absolve The Sport Loft and its employees, investors, and associates of any liability for injuries or losses incurred by using products purchased from or recommended on this site, or by using any information found on this site.
The Sport Loft does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an “as is, as available” basis.
The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. The Sport Loft and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.
Some links on this site may let you leave the site. The linked sites are not under the control of The Sport Loft and The Sport Loft is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. The Sport Loft provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Sport Loft of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. The Sport Loft has no control over and accepts no responsibility whatsoever for such materials.
In the event an order is placed with The Sport Loft on an item where an errant price has been advertised, you agree that The Sport Loft’s sole responsibility to you will be to promptly notify you of the pricing error and allow you the option to either purchase the item at the correct current The Sport Loft price or choose to withdraw your order of the item that was subject to the pricing error.
Under no circumstances, including, but not limited to, negligence, shall The Sport Loft be liable for any indirect, special, exemplary, or consequential damages or injuries that result from the use of, or the inability to use, the site, the site materials, information on the site, products purchased from the site, or the software, even if The Sport Loft has been advised of the possibility of such damages or injuries. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall The Sport Loft’s total liability to you for all damages, injuries, losses, and causes of action (whether in contract or tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, The Sport Loft’s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless The Sport Loft, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
The provisions of these Terms and Conditions are for the benefit of The Sport Loft and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You understand and agree that The Sport Loft may, in its sole discretion and at any time, terminate your password, account or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. You understand and agree that The Sport Loft shall not have any liability to you or any other person for any termination of your access to any forum and/or the removal of information concerning your account.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Salt Lake City, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The copyright in all material provided on this Site is held by The Sport Loft or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of The Sport Loft or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without The Sport Loft’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All third party trademarks are the property of their respective owners.
Many of the marks found throughout the website are marks of The Sport Loft, whether registered or pending registration in the U.S. or foreign countries, or whether rights have been acquired solely through use of the marks. Use of the trademark symbols “®” or “™” is limited to one or two prominent trademark usages for each mark per page. However, The Sport Loft still retains rights in the mark whether or not the “ TM” or “®” is used.
USE OF SITE CONTENT
You may not alter or interfere with the content or functioning of the site, or “mirror” any content contained on this site on any other server. The materials at this site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms and Conditions, your rights to use this site will terminate automatically.
All unsolicited suggestions, feedback, and product ideas are submitted to The Sport Loft on a nonconfidential basis. All submissions are subject to the User Submissions policy included above.
Contests, Forms And Other Interactive Transactions
If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions (and the links contained herein) state the entire agreement between the parties relating to use of the site. These Terms and Conditions may not be amended except as provided above.
Statements contained on this Site regarding The Sport Loft’s business that are not historical facts are “forward-looking statements” that are based upon information and expectations at the time they were first made or posted. Actual results may differ materially as a result of certain risks and uncertainties. Readers are cautioned not to place undue reliance on such statements that speak only as of the date first made or posted. The Sport Loft undertakes no obligation to republish revised forward-looking state