Terms Of Service

By registering, or reading any content on this site, you agree to abide by the Terms of Service, Privacy Policy, and other guidelines on this website. You agree that you have read the above items prior to registering. Your continued use of the website signify your acceptance of these Terms of Service.

Proprietary Rights in Content on powdertour.com

1. powdertour.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the powdertour.com Services. After posting your Content to the powdertour.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the powdertour.com Services, you hereby grant to powdertour.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the powdertour.com Services.
   
   The license you grant to powdertour.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to powdertour.com), fully-paid and royalty-free (meaning that powdertour.com is not required to pay you for the use on the powdertour.com Services of the Content that you post), sublicensable (so that powdertour.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the powdertour.com Services), and worldwide (because the Internet and the powdertour.com Services are global in reach). This license will terminate at the time you remove your Content from the powdertour.com Services. The license does not grant powdertour.com the right to sell your Content, nor does the license grant powdertour.com the right to distribute your Content outside of the powdertour.com Services.

By accepting this agreement, I certify the following:

(1)(a) I am at least 18 years of age, or have attained the legal age of majority in my jurisdiction OR

(b) I am below the age of 18, or majority, but I have obtained permission from my parent or legal guardian. If I am under age 13, I have provided a signed permission form to the owners of powdertour.com in order to access the site.

(2) I understand the standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions.

(3) If I use these site in violation of the above agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions.

(4) By reading any content on this site, I release and discharge powdertour.com and its Agents from any and all liability which might arise.

(5) I understand the dangers associated with sharing my personally identifiable information, including my full name, telephone number, or address over the Internet. I agree not to share such information with other users. In the event that I do share such information, I do so at my own risk and hold powdertour.com harmless.

(6) I warrant that I am registering for, and will use powdertour.com for the purpose of reading the content under the terms and conditions of this Agreement. I warrant that I am not registering for, and will not access, read, copy or otherwise reproduce, transmit or communicate any portion of powdertour.com for other purposes, including, but not limited to, establishing your own forum, or for other personal or commercial purpose.

(7) I agree that powdertour.com, its Owners and Agents do not hold themselves out to have any kind of expert or professional training or knowledge in connection with powdertour.com, and make no warranties of fitness or quality of the content of any writings emails, statements, private messages or other communications.

(8) I understand that nothing contained within, posted on or communicated through powdertour.com will be considered professional legal advice. Acceptance of this term certifies my waiver of any legal right that I may have to take action with respect to any loss arising from or in connection with my reliance on any information that is in any way related to law. Under no circumstances will any attorney-client relationship be established, implied, construed or assumed on my part. I agree not to rely or act on any advice posted without first consulting a legal professional. By accepting the terms of this Agreement, I agree to indemnify powdertour.com its Agents, and any legal firms, from any claim in negligence (or any other tort), contract or action under state or federal legislation for loss to myself, any company that I are employed by or act as an agent for, and/or any other injury or loss that I may claim to have been caused by using powdertour.com. or from relying on advice from this site or received via email, post and/or by any other means.

(9) The contents of the Web Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by powdertour.com and contain powdertour.com's name, trademarks, service marks, and trade names. I understand that I may download one copy of these materials on any single computer and print no more then one (1) copy for PERSONAL use. No other permission is granted to me to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, modify, or otherwise use these materials. No permission is granted here to me to use powdertour.com's icons, site address, or other means to hyperlink other Internet sites with any page in the Web Site.

(10) I agree that my access and use of powdertour.com is subject to the terms of this Agreement AND the sole discretion of the Owners or authorized agents. I agree that my membership and use of powdertour.com is AT-WILL, and that my membership may be terminated at any time and for any reason by the Owners or Agents of powdertour.com. I agree to abide by all decisions of powdertour.com regarding my use, access and membership on the Web Site, including restriction, changes or revocation of my membership.

(11) I agree that if my membership is permanently revoked for any or no reason, I will not make any attempt to re-register or otherwise obtain access to powdertour.com. I agree that violation of this provision will be considered and construed as illegal computer cracking, conversion and misappropriation of electronic resources, and that I will be fully liable for any time lost by powdertour.com or its Agents in connection with my violation of this provision.

(12) powdertour.com's site are made available for your personal, non-commercial use only. You may not use powdertour.com to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. If you want to make commercial use of powdertour.com, you must enter into an agreement with powdertour.com to do so in advance.

(13) We may modify or terminate our site from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice.

(14) It is our policy to respond to clear notices of alleged copyright infringement. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.

To file a notice of infringement with us, you must provide an email that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

For quicker replies please include the following information:

Identify in sufficient detail the original copyrighted work that you believe has been infringed upon. Identify the material that you claim is infringing the copyrighted work.
Provide information reasonably sufficient to permit powdertour.com to contact you (email address is preferred).
Provide information, if possible, sufficient to permit powdertour.com to notify the owner/administrator of the allegedly infringing web page or other content (email address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

(15) Disclaimer of Warranties
powdertour.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the powdertour.com site. powdertour.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. powdertour.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the powdertour.com site.

THE powdertour.com site, AND ALL MATERIALS, INFORMATION, PRODUCTS AND site INCLUDED IN THE Literary Magic SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. powdertour.com AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. powdertour.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE powdertour.com site. powdertour.com AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE powdertour.com site. powdertour.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SITE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE powdertour.com site OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Literary Magic SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE powdertour.com site.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE powdertour.com site AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL powdertour.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE powdertour.com site. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF powdertour.com HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE powdertour.com site, FROM INABILITY TO USE THE powdertour.com site, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE powdertour.com site (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER site OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE powdertour.com site OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE powdertour.com site, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE powdertour.com site OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE powdertour.com site. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR site, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE powdertour.com site OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE powdertour.com site. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall powdertour.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

(16) These Terms of Service will be governed by and construed in accordance with the laws of the *your state here*, without giving effect to its conflict of laws provisions or my actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect, furthermore the intent of the author of these terms is still binding.

(17) If I have any conflict with powdertour.com I agree to:
(a)First contact powdertour.com at contact@powdertour.com to see if the conflict can be resolved.
(b)use binding arbitration according to the terms of the American Binding Arbitration Association
(c)pay for the arbitration myself.

(18) If I owe powdertour.com any money for any service they perform or any legal action arising from my actions I agree not to raise statute of limitation as a defense against the collection of any money you collect from me.

(19) If any dispute arises over the intent or meaning of these terms the final ruling rests with the intent of the author of these terms.

(20) The text of these agreements are copyrighted and may not be copied, reproduced, reused, or modified in any way. If I want to use these terms I MUST contact this site and request for contact information of the author. I understand that license has been given by the copyright holder to use these unmodified terms on this website ONLY.