This Agreement is between the Customer (You) and Team Signal, Inc. (Us or We) for goods and services. As used in this Agreement, goods and services means any labor, products, materials, tangible or intangible provided by Us to You. You accept this Agreement when you either a) indicate through any printed, oral, or electronic statement, sign in writing or electronically that You have reviewed and accepted these terms and conditions; b) attempt to or in any way use the services provided by Us in this Agreement; c) pay for any of the services provided by Us in this Agreement; or d) open any package containing any of Our products. By accepting this Agreement You acknowledge that You acknowledge that You have read and agree to the terms and conditions of this Agreement.
1. Communications. We will not send You communications without Your consent. You give Us consent to receive communications from You when You give Us Your contact information. Communications include printed, oral, and electronic means of communications. If You do not want to receive any communications from Us just follow the email opt-out procedures in Our Privacy Policy. By using Our website and/or the goods and services We provide You consent to the collection, transfer, storage, disclosure, and other uses of Your information as described in Our Privacy Policy. Regardless of where You reside, You authorize Us to use and store Your information in the United States and any other jurisdiction where We may operate. Therefore, please be sure to read Our Privacy Policy before using Our goods, services, and products, or submitting any information to Us.
2. User Accounts and Passwords. You may create a personal account on Our website. You are responsible for maintaining the confidentiality of any password You create and You are responsible for any and all activity through the use of Your password on Your account. We will assume that You authorize any and all activity on Your account. Therefore, We advise You not share any passwords or provide access to Your account to any person or perform any act that may jeopardize the authorized use of Your password. If there is any unauthorized use of your account, or any other data breach, You agree to notify Us immediately.
3. License. You have a limited license to access and use Our website and a limited, revocable and nonexclusive right to create links to Our website provided however, that You do not use the website or any link to publish false, misleading, derogatory, or otherwise offensive material as determined in Our sole discretion. Without Our express written consent, You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use any content, information, text, images, graphics, interfaces, audio clips, video clips, or any other content displayed on the website. If We give You express written consent, You may not remove or alter any copyright or other proprietary content.
4. Hacking/Illegal Actions. You agree that You will not: (a) attempt to disable or circumvent any security mechanisms used on the website or any content or otherwise attempt to gain unauthorized access to any portion of the website or content or any other systems or networks connected to the website, or to any server of Ours or Our third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the website or content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the website or with any other person’s use of the website; (d) track or seek to trace any information on any other person who visits the website; (e) use the website or content to conduct, solicit, facilitate, encourage, condone, or induce (i) any illegal activity, or (ii) the violation of applicable laws, rules or regulations or these terms and conditions; (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code used in or in connection with the website or content; or (g) otherwise violate Our intellectual property rights, Our affiliates, or any third parties in connection with Your use of the website.
5. Intellectual Property. Without Our express written consent, You may not use our trademarks. “Signal” and all other related trademarks (including graphics, logos, page headers, button icons, scripts and service names) on the website are Our trademarks or trademarks of Our licensors and are protected by U.S. and international law. All content on the website is Our property and is protected by U.S. and international copyright laws. You may not use any content on the website without Our express written consent. We also specifically prohibit the posting of any content that violates or infringes the copyrights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this website infringes Your copyright or other intellectual property rights, please notify us at frontdesk@signalsnowborards.com.
6. Feedback. We’re happy to hear from You. Please be aware that any unsolicited ideas, suggestions, materials or other information You share with Us about the website, Our services or products, products, ideas for new products or services, or other aspects of Our business constitutes “Feedback.” If You provide Us with Feedback, You give Us an exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish the Feedback for any purpose without compensation to You.
7. Purchases.
Terms of Sale. We sell snowboards, gear and travel experiences to end-user customers only, for their personal, non-commercial use. You may not purchase any subscription for further distribution or resale or for any commercial or business purpose. Purchased snowboards, gear and experiences are personal and are non-transferable.
Pricing and Availability. Pricing for full price and monthly payment options are the prices posted on the website on the date You first sign-up for a Membership. We reserve the right to change prices for Memberships at any time, and do not provide price protection or refunds in the event of promotions or price decreases. We do our best to make sure that all details, descriptions, and prices that appear on our website are correct, but errors do happen. If We discover an error in the price of any payments option, or the availability of a membership cost You have ordered, We will inform you of the error as soon as possible and give You the option of reconfirming Your order or cancelling it. If, after making reasonable attempts to contact You, We are unable to reach You regarding the error, We will cancel the order.
Transaction Information. When You purchase a Subscription (each purchase is a “Transaction”) You may be asked to supply certain information including, Your credit card number, the expiration date, the credit card security code, Your billing address, and Your shipping information. You agree that You have the legal right to use any credit card(s) or other payment method(s) for any Transaction. You also give Us permission to provide this information to third parties in order for Us to verify and complete the Transaction.
Availability. We may change the descriptions, features, content, products, and prices of Our products, services, or memberships at any time without notice to You. We do not guarantee the quantity or availability of any of Our products, services, or subscriptions. We have the right to do any of the following, without notice to you: (i) discontinue, or limit the quantity or availability of products, services, or subscriptions; (ii) set limits and/or conditions on honoring coupons, discount or promotional codes, or other similar promotions; (iii) bar anyone from making or completing a Transaction; and (iv) refuse to provide anyone with any product, service, or subscription. You are responsible for making sure that You obey all local, state, federal and international laws regarding the receipt, possession, and use of anything You purchase from Us. We reserve the right to revoke your Subscription at any time as a result of a violation of these Terms and conditions, or Our Privacy Policy. Membership is void where prohibited by law.
Risk of Loss. Any products purchased from Us will be shipped by a third party carrier. As a result, title and risk of loss for such products will pass to You upon Our delivery to the carrier.
Product Return Policy. We are happy to exchange products that are unopened and unused, as long as You return them to Us within 30 days of purchase. All items must be in their original, unopened/unused condition, with all tags/labels attached. You are responsible for the cost of returning items to Us and they are Your responsibility until they are received by Us. Please make sure You package your return to prevent any damage to the items. We recommend that You ship your return using a carrier that allows You to track the returned items. If You have any questions regarding a return please contact Us at frontdesk@signalsnowborards.com.
Payment Options. We offer 2 payment options. You may either pay for snowboards, gear and experiences in full, or Klarna's payment option. If you are still on monthly installment payment option You agree that We may submit 12 payments recurring each month during the term of the Membership without further authorization from You. You may cancel this authorization or stop payment of a preauthorized electronic fund transfer by notifying Us at any time up to three business days preceding the scheduled date of such payment by contacting one of Our representatives at 1-714-707-6046. You may also stop payment of a preauthorized electronic fund transfer by notifying Your financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The cancellation or stop payment of a preauthorized electronic fund transfer will not affect Your responsibility to pay the remaining amount due for the term of the subscription. It is Your responsibility to contact Us to provide a new payment method.
NO CANCELLATION. THIS AGREEMENT IS NONCANCELABLE, IRREVOCABLE AND CANNOT BE TERMINATED DURING THE TERM OF YOUR SUBSCRIPTION AND YOU AGREE TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT EXCEPT AS PROVIDED FOR PARAGRAPH 16. NOTWITHSTANDING THIS NO CANCELLATION PROVISION, IF YOU HAVE PAID FOR A TRAVEL SUBSCRIPTION IN FULL WE DO PROVIDE ON A CASE BY CASE BASIS AN OPTION TO TRANSFER THE REMAINING TERM TO A SNOWBOARD SUBSCRIPTION. YOU MAY CONTACT US AT FRONTDESK@SIGNALSNOWBOARDS.COM TO SEE IF YOU ARE ELIGIBLE.
8. Default/Termination. You will be in default if You do not pay any sum when due, or breach any representations You made to Us in this Agreement, or fail to perform any of your obligations at the time and manner specified in this Agreement. We may discontinue providing you with goods and services, without notice, and/or terminate this Agreement. In any such case, You shall remain responsible for payment of all charges due to Us under this Agreement, which charges, including without limitation, will be immediately due and owing.
9. Attorney Fees and Cost of Collection. In the event You default, you agree to pay to Us, our reasonable attorney fees (including any incurred before or at trial, on appeal or in any other proceeding), court costs, expenses, witness and expert witness fees, and any other collection costs. If your account is referred to any third party to collect any balance due and owing, You agree to pay all cost of collection to reimburse Us the fees of any third party, which may be based on a percentage at a maximum of 33 1/3% of the balance due.
10. Interest/Finance Charge/Late Fees. If You fail to make payments when due, You shall pay a finance charge on the unpaid balance at the end of each month at the monthly periodic rate of 1 1⁄2%, which equals an annual percentage rate of 18% per annum. If We do not receive payment in full by the date specified on your bill, a late payment charge may be applied to the total unpaid balance. Any late payment charge may be charged at the highest rate permissible by law. You may also be charged additional fees for certain methods of payment. We may charge You, up to the highest amount permitted by law, for returned checks or other payments made by You and dishonored or returned for any reason by a bank or other financial institution. Acceptance of payments made by You, even payments marked “paid in full” does not waive Our right to collect all amounts that You owe Us. We may restrict your method of payment to a secure method of payment such a cashier’s check, money order, or similar method of payment at any time.
11. Limited Warranty. We provide a limited warranty so long as You are current on your gear. Signal Care is Signal’s Snowboard Membership warranty and protection package. As a member, your board is covered from tip to tail. We will repair or, at Our option, replace any part that is damaged subject to the exclusions in this Agreement. If your board breaks We will replace it. If it can’t be fixed, we may attempt to fix it if it is a minor issue. Our goal is your happiness. You can trust that as a Member of Signal Care you are completely taken care of. Snowboards purchased in full also receive a limited warranty against manufacturer’s defects.
Excluded from this Limited Warranty are damages resulting from theft, natural disasters, alterations, misuse, or ordinary wear and tear.
OTHER THAN THE LIMITED WARRANTY, WE MAKE NO GUARANTY OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS WE PROVIDE OR THE SERVICES WE PERFORM UNDER THIS AGREEMENT. YOUR EXCLUSIVE WARRANTY REMEDY IS SET FORTH ABOVE.
12. Limitation of Liability. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE AMOUNT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT OF ANY GOODS AND SERVICES.
13. Indemnification. You agree to indemnify, defend and hold Us harmless from all claims, demands, obligations, damages and expenses, including attorney fees, expert witness fees and costs arising out of any and all errors, omissions, negligence or other wrongful conduct of You, your agents, employees or other representatives. In any matter to which this paragraph applies, We shall have the right to choose and retain an attorney of our own choosing at your expense.
14. Start Date. Any proposed start date given by Us is an estimate. You agree that We shall not be liable to You for any delay in commencing services under this Agreement or any damages suffered by you as a direct or indirect result of such delay.
15. Governing Law, Jurisdiction, Jury Waiver and Waiver of Class Action. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. You consent to jurisdiction and venue of any state or federal court in Colorado that We may choose and you waive the defense of inconvenient forum. For any action or dispute arising out of this Agreement, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. ANY ACTION OR DISPUTE ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT ONLY ON AN INDIVIDUAL, NON-REPRESENTATIVE BASIS. THIS CLASS ACTION WAIVER INCLUDES JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
16. Modification of Agreement. The Agreement represents the entire agreement between You and Us. The Agreement supersedes all prior or contemporaneous oral or written discussions, understandings, representations and agreements. We may change any part of the Agreement at any time, including, but not limited to, rates, charges, discounts, termination, or terms of usage. We will provide you notice of any material changes as set forth in the Agreement.
If We make a material change to the Agreement and has a material adverse effect on your usage of the products, services, or subscription, you may terminate the Agreement without penalty only if (a) if contact Us within 30 days after the effective date of the change; (b) you specifically advise Us that you wish to terminate because of a material change to the Agreement that We have made; and (c) We fail to negate the change after you notify Us of your objection to it. If you do not notify Us and terminate the Agreement within 30 days of the change, You may not subsequently terminate the Agreement before the end of the term of the Agreement.
17. No Waiver. Our failure, at any time, to require strict performance by You of any of the provisions of this Agreement will not waive Our right to thereafter require strict compliance with any provisions of this Agreement.
18. Legal Capacity. You must have the legal capacity to enter into this Agreement. You accept this Agreement if any of the following occurs: (a) accept the Agreement through any printed, oral, or electronic statement, including any electronic marking or signature that you have reviewed and accepted; (b) attempt in any way to use any of Our products or services; (c) pay for any of Our products or services; or (d) open any package containing Our products or usage of any program that says you are accepting this Agreement. Any person signing this Agreement in a representative capacity warrants that he or she is fully authorized to sign on behalf of a corporation, limited liability company, partnership, limited partnership, or other such entity, and that all conditions precedent have occurred or been have performed to bind such entity to this Agreement.
19. Providing Notice. Any notice You provide to Us must occur by calling or writing Us as set forth on your invoice or other billing statement. We will provide You notice in any of the following methods: your bill, your last known billing address, to any cell phone number, fax number, or email address You have provided to Us, any other phone number You have provided to Us, whether by voice or text message.
20. Billing and Collections Contact. You agree and expressly consent to allowing Us and any of Our agents and representatives to contact You in connection with any and all matters relating to unpaid past due charges You owe to Us. You also agree that We and any of Our agents and representatives may contact You at any mailing address, telephone number including a cellular telephone number, email address or any other electronic address You have provided, whether now or in the future to Us. You expressly agree that any email or other electronic address You provide to Us is your private address and is not accessible to unauthorized third parties. For any and all attempts to collect unpaid charges, You agree that in addition to individual persons attempting to communicate with You, any type of contact may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing systems, pre-set email messages delivered by an automatic emailing system, or any other pre-set electronic messages delivered by any other automatic artificial or electronic messaging system.
21. Transferability. Your rights under the Agreement belong only to You. You cannot transfer or assign your rights under the Agreement to anyone else. We may transfer and assign your rights and obligations under the Agreement at any time without your consent.