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YES. ON LIFE

General Terms & Conditions

Welcome to the YES. Snowboards website at http://www.Yesnowboard.com and other affiliated websites (the “Website”). Nidecker SA and Nidecker US, Inc are after referred as (“Nidecker” or “we” or “us”) operates this Website http://www.Yesnowboard.com pursuant to agreements with YES. Snowboards llc.

Please review the following terms and conditions concerning your use of and access to the Website. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these “Terms” or this “Agreement”). If you do not agree with these Terms, you may not use the Website.

Ordering & Returns Policies are located on this page (part 2).

Questions regarding these General Terms & Conditions, Privacy Policy, Idea Submission Policy, Children’s Policies, Ordering & Returns Policies, Snowboarding Disclaimer or others should be directly sent to Nidecker by email : [email protected]

1.1 GENERAL PROVISIONS

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. All features, content, specifications, products, technologies, colors and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

1.2 GENERAL USE PROVISIONS

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Nidecker, or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Nidecker and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Nidecker and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Nidecker’s prior express written permission.

Except where expressly provided otherwise by Nidecker, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Nidecker’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Nidecker. Nidecker does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Nidecker.

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal, and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

1.3 LINKS TO THIRD PARTY SITES

The Website may contain links or have references to websites controlled by parties other than Nidecker. Nidecker is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Nidecker is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nidecker of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Nidecker. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

1.4 LICENSES FROM US

Nidecker is granting you a revocable, limited license, in compliance with these terms.

1.5 LICENSES FROM YOU

You grant to Nidecker and it’s Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to Nidecker by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, Nidecker’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

1.6 REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into this Agreement. Nidecker warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as Nidecker, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.

1.7 DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY NIDECKER, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, NIDECKER AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. NIDECKER AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NIDECKER AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER NIDECKER NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NIDECKER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY NIDECKER, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. NIDECKER EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

1.8 LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NIDECKER EXCEED $1,000.00. IN NO EVENT SHALL NIDECKER OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

1.9 INDEMNITIES

You shall defend and indemnify Nidecker and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against Nidecker or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. Nidecker shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

1.10 YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Nidecker controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

1.11 MISCELLANEOUS PROVISIONS

Any action related to this Agreement will be governed by Swiss law. No choice of law rules of any other jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website shall be subject to the exclusive jurisdiction of the cantonal and federal courts located in Geneva, Switzerland, and to arbitration as stated herein. This Agreement represents the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Nidecker reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Nidecker and you as a result of these Terms or use of the Website. You may not assign this Agreement without the prior written approval of Nidecker. Any purported assignment in violation of this section shall be void. Nidecker reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Nidecker.

1.12 INTELLECTUAL PROPERTY NOTICES

Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Nidecker.

All Nidecker trademarks and/or other Nidecker identifiers referenced herein are trademarks of Nidecker and/or its affiliates, and may be registered in certain jurisdictions.

Copyright © 2016 Nidecker SA. All rights reserved.

Privacy Policy

Nidecker (“Nidecker” or “we” or “us”) has created this privacy policy (the “Privacy Policy”) in order to demonstrate its commitment to user, visitor, subscriber, and customer privacy with regard to the Website located at http://www.Yesnowboard.com/ and any affiliated websites (together, collectively the “Website”). Privacy on the Website is of great importance to us. Because we may gather some important information from our users, visitors, subscribers and customers (collectively “Subscribers” or “you” or “your”), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. By accessing the Website, you acknowledge and agree to this Privacy Policy and also agree to application of the General Terms & Conditions.

3.1 INFORMATION WE COLLECT

We may require Subscribers who use the Website (collectively, the “Service”) to give us contact information, which may include but is not limited to the Subscriber’s name, mailing address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the Website, although not providing it may hinder your ability to use the Website and/or the Service. We use the information that we collect to provide and maintain the Website as we deem appropriate in our sole discretion and to provide the Service, and to provide any other services that you and Nidecker agree to. We may also use the information to contact you to further discuss interest in our company, the goods and services that we provide, and to send information regarding our company or partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable.

We may also email (or send via other methods) information regarding updates to the Website or Nidecker, and may send a newsletter, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the Service, you will continue to receive email correspondence from Nidecker related to the Service. Any opt-out by you is not deemed valid until processed by Nidecker. It is your obligation to verify that you have been opted-out. Nidecker shall not be liable for problems with the opt-out procedures.

If you provide credit card or other authorized payment method information to Nidecker, you authorize Nidecker, or a credit card processor of its choosing to receive appropriate billing information, bill such credit card or to make such charges as applicable.


3.2 THIRD PARTY WEBSITES

The Website may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. You will need to check the policy statement of these others websites to understand their policies. When you access a linked site you may be disclosing private information. It is your responsibility to keep such information private and confidential.

3.3 COOKIES

When you view the Website, we may store some information on your computer’s hard drive. This information will be in the form of a “Cookie.” Most web browsers automatically accept Cookies, but you can change your browser to prevent that. Without accepting a Cookie, your use of the Service may be affected. Nidecker will not use cookies to learn the identity of its users, nor attempt to track users after they leave the Website. Further, cookies will not be used by Nidecker to gather specific personal information about individual users. The usage patterns tracked by individual cookies will remain confidential, and Nidecker will not participate in any external site tracking programs. Nor will we share any cookie-generated information about individual users or user patterns.

3.4 DEMOGRAPHICS

Nidecker will compile site-wide demographic information that it will not compile profiles of individual users, including the gathering of names, addresses, email addresses and other personal information.

3.5 USER IP ADDRESSES

Nidecker tracks user IP addresses for the purposes of systems administration, demographic profiling and traffic logging, but Nidecker will not use IP addresses to try to identify individual users of the Website.

3.6 SECURITY

Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.

3.7 ADDITIONAL INFORMATION

You should check this Website periodically to see if any recent changes to this Privacy Policy have occurred.

Idea Submission Policy

Nidecker (“Nidecker” or “we” or “us”) wants to hear from you! We love feedback, and we want to encourage user participation in our creative processes, but we get a lot of submissions, so we have to lay down some rules. We have created this idea submission policy (the “Submission Policy”) with regard to the Website located at http://www.yesnowboard.com/ and any affiliated websites (together, collectively the “Website”).

Except where expressly provided otherwise by Nidecker, all comments, feedback, information and data submitted to Nidecker through, in association with or in regard to the Website and/or any other Nidecker goods or services (“Submissions”) shall be considered non-confidential and Nidecker‘s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method Nidecker sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to Nidecker, you agree to assign to Nidecker, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant Nidecker these rights. Nidecker shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Nidecker, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, Nidecker reserves the right to cancel or suspend your account. Furthermore, Nidecker reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Nidecker for improper purposes, or any purpose inconsistent with its business.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity

Nidecker reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Nidecker site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any Nidecker site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Nidecker does not accept Submissions from persons under the age of 13.

Children’s Policies

If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Nidecker all rights to utilize the copyright and image / likeness embodied therein.

Nidecker is committed to protecting the online privacy of children. We do not accept submissions from persons under the age of 13. In accordance with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

Snowboarding Disclaimer

WARNING: SNOWBOARDING CAN BE A HAZARDOUS ACTIVITY. SNOWBOARDING EQUIPMENT EMPLOYS A NON-RELEASE BINDING SYSTEM, WHICH DOES NOT RELEASE EVEN UPON IMPACT. USE OF THESE PRODUCTS MAY CAUSE SERIOUS INJURIES TO ANY AND ALL PARTS OF THE USER’S BODY, UP TO AND INCLUDING DEATH. THE USER SHOULD RECEIVE INSTRUCTION FROM A QUALIFIED SNOWBOARDING INSTRUCTOR BEFORE USING THIS EQUIPMENT. THESE PRODUCTS SHOULD BE USED BY MINORS ONLY WITH THE DIRECT SUPERVISION AND CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS. NEITHER THE SELLER NOR THE MANUFACTURER SHALL BE LIABLE FOR ANY INJURY, LOSS, DAMAGES, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE THESE PRODUCTS.