Terms of Service

Terms of Service

Please read this terms of service agreement (the “Terms of Service”) carefully. These Terms of Service govern your access to and use of the products, services, and resources available on the services (the “Service” or “Services”) provided by Snow Skills, LLC dba Snow Skills (“Snow Skills”). Services may include modules for instructors, students and/or administrators (collectively “Users”).

By affirmatively accepting these Terms of Service or by using any service, you agree that (1) you have read and agree to be bound by these Terms of Service, (2) you are of legal age to form a binding contract with Snow Skills, and (3) you have the authority to enter into these Terms of Service.

The term “you” refers to any individual using the Services on his or her own behalf or on behalf of an entity (e.g., a resort). These Terms of Service are effective the date on which you first access or use any service or affirmatively accept these terms (the “Effective Date”). If you do not agree to be bound by these Terms of Service, you may not access or use the Services.

  1. Use of the Services and Snow Skills Technology
    1. Access Grant. Subject to the terms and conditions set forth in these Terms of Service, Snow Skills grants you a limited, non-exclusive, non-transferable right to access the Services to which you have been provided Access Credentials (as defined in Section 2.3 below) by Snow Skills.
    2. Improper Access. You will not (i) sell, license, lease, transfer, assign, reproduce, distribute, export, sublicense, or otherwise commercially exploit the Snow Skills Technology except as specifically allowed in these Terms of Service, or its license rights thereto, to any other person, organization or entity, including through rental, timesharing, service bureau, subscription, hosting, or outsourcing the Snow Skills Technology (whether or not such sublicense, hosting or outsourcing is by you or for you or your employer, as applicable); (ii) frame or utilize framing techniques to enclose any trademark, logo, or other Snow Skills Technology (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Snow Skills’ name or trademarks; (iv) modify, translate, adapt, merge, or attempt to create any derivative version of any Snow Skills Technology; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any Service; (vi) access Snow Skills Technology in order to build a similar or competitive Service; (vii) remove or modify any marking or notice on or displayed through the Snow Skills Technology, including those related to Snow Skills’ or its licensors’ proprietary rights in and to any of the Snow Skills Technology; or (viii) de-compile, decrypt, reverse engineer, disassemble, or otherwise reduce any software to human-readable form. Without limiting the foregoing, you may not sublicense, outsource, or otherwise grant access to the Snow Skills Technology to any third-party vendor without Snow Skills’ prior written consent.
    3. Applicable Policies. In addition to the terms of these Terms of Service, you acknowledge the terms of Snow Skills’ then-current policies relating to the Services, including, without limitation, the Snow Skills Privacy Policy.
  2. Registration
    1. Registering Your Account. In order to access any Service, you may be required to become a Registered User. For purposes of these Terms of Service, a “Registered User” is a user who has registered an account through a particular Service (“Account”). Users under 18 must have approval from a parent or legal guardian to become a Registered User.
    2. Registration Data. In registering an account through a Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (1) at least 13 years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Snow Skills Technology under the laws of the United States, your place of residence, or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Snow Skills has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Snow Skills has the right to suspend or terminate your Account and refuse any and all current or future use of Snow Skills Technology (or any portion thereof). You agree you will not create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account at any given time. Snow Skills reserves the right to remove or reclaim any usernames at any time and for any reason, including, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Snow Skills Technology if you have been previously removed by Snow Skills, or if you have been previously banned from any Snow Skills Technology. Snow Skills employs reasonable security measures to maintain the privacy of each User’s Registration Data. Notwithstanding such security, Snow Skills shall not be liable for unauthorized access or misuse of a User’s Registration Data by any third party, including other Users.
    3. Access Credentials. You may not share your Account or password (your “Access Credentials”) with anyone, and you agree to (i) notify Snow Skills immediately of any unauthorized use of your Access Credentials or any other breach of security; and (ii) exit from your Account at the end of each session. You are responsible for all activities that occur under your Access Credentials. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Snow Skills Technology by minors.
    4. Your Account. Notwithstanding anything to the contrary, you agree that you will have no ownership or other property interest in your Account, and you further agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Snow Skills.
    5. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Snow Skills Technology. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Snow Skills Technology.
  3. User Content. The Snow Skills Technology may enable you to provide, upload, link to, transmit, display, store, process, and otherwise use text, files, images, graphics, illustrations, information, data (including Personal Data as that term is defined in applicable laws), audio, video, photographs, and other content and material in any format (collectively, “User Content”) in connection with the Snow Skills Technology. You acknowledge that Snow Skills has no obligation to pre-screen User Content, although Snow Skills reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By accepting these Terms of Service, you provide your irrevocable consent to such monitoring. You agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. You will have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all of User Content. You will provide any notices and obtain any consents (including consent of any parent or guardian for any minor) related to your use of the Services and Snow Skills’ provision of the Services, including those related to the collection, use, processing, transfer, and disclosure of Personal Data. You agree that you must properly enter data, information, and other User Content and configure settings within the applicable Services for such Services to operate properly. You will verify the accuracy of any of the User Content, forms, workflow, and configuration settings entered on the Services. Snow Skills will not have any liability arising from the inaccuracy of scoring, completeness, use of or reliance on the information contained in the extract of data from any Service under this Terms of Service. If Snow Skills pre-screens, refuses, or removes any User Content, you acknowledge that Snow Skills will do so for Snow Skills’ benefit, not yours. Without limiting the foregoing, Snow Skills will have the right to remove any User Content that violates the Terms of Service or is otherwise objectionable. You assume the sole responsibility for the selection of the Services to achieve your intended results, the use of the Services, and the results attained from such selection and use. You state that you are the owner of the User Content, or have obtained permission for such use from the owner of the User Content, including evaluation frameworks or rubrics uploaded into or using the Services. As to any content or data made available to Snow Skills, you state that you have notified and obtained consent from all necessary persons (including parents, students, teachers, and administrative personnel), and have taken all other actions that may be necessary to ensure that use of the products, services, or related materials provided or produced complies with all applicable laws and regulations. Subject to any applicable account settings that you select, you grant Snow Skills a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your User Content (in whole or in part) for the purposes of operating and providing Services to you and to our other Registered Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Snow Skills, are responsible for all User Content that you make available on or in the Services. Unless expressly agreed to by Snow Skills in writing elsewhere, Snow Skills has no obligation to store any of your User Content that you make available on the Services. Snow Skills has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Services. Certain Services may enable you to specify the level at which such Services restrict access to your User Content. You are solely responsible for applying the appropriate level of access to your User Content. If you do not choose, the system may default to its most permissive setting. You agree that Snow Skills retains the right to create reasonable limits on Snow Skills’ use and storage of the User Content, including your User Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Snow Skills in its sole discretion.
  4. Feedback.You agree that submission of any ideas, suggestions, documents, or proposals to Snow Skills by any means and in any medium (“Feedback”) is at your own risk and that Snow Skills has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You state that you have all rights necessary to submit the Feedback. You grant to Snow Skills a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Snow Skills Technology or Snow Skills’ business.
  5. Hosting. The Services will be hosted by an authorized subcontractor (the “Hosting Service Provider”) that has been engaged by Snow Skills and will only be accessed by you on websites, using your or your employer’s computers. As part of the Services, the Hosting Service Provider will be responsible for maintaining a backup of User Content. The Hosting Service Provider is an independent third party not controlled by the Snow Skills. Accordingly, in no event will Snow Skills be liable for any direct, general, special, incidental, indirect, or consequential damages whatsoever (including but not limited to loss or damage to data, damages for loss of business profits, business interruption, loss of information or any other pecuniary loss) arising out of the use of or inability to use any service, due to problems (including but not limited to errors, malfunctions) associated with the functions of servers maintained by the hosting service provider, even if Snow Skills has been advised of the possibility of such damages.
  6. Your Responsibilities. You agree that: (a) you will review any calculations made by using the Services and satisfy yourself that those calculations are correct; and (b) if you use the Services for payment for third party services, such as lessons or other instruction, Snow Skills is not responsible for the quality of such third party services. Snow Skills does not warrant that the Services, or the results derived there from, will meet your requirements, or that the operation of the Services will be uninterrupted or error-free.
  7. Fees and Payments.
    1. Sale of Service, not Software. The purpose of these Terms of Service is for you to secure access to the Services. All fees specified and paid by you to Snow Skills under these Terms of Service will be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of the software and technology underlying the Services, and, furthermore, any use of such software and technology by you in furtherance of this Terms of Service will be considered merely in support of the purpose of this Terms of Service.
    2. Payment. For certain Services you may elect, or you may be required, to provide a valid credit card. By submitting the credit card, you authorize us to charge to your credit card the fees or charges applicable to your Account as specified in any Order, or if any Order is renewing automatically as provided in Section 12, in accordance with the fees, charges, and billing terms in effect at the time off the renewal and a fee or charge is due and payable. You agree that Snow Skills is not required to provide you any additional notice. Your agreement with your credit card issuer governs your use of the designated credit card and you must refer to that agreement to determine your rights and liabilities in connection with your use of your credit card. You agree to immediately notify Snow Skills of any change in your billing address or the credit card used for payment.
    3. Taxes. Snow Skills’ fees are net of any applicable tax that may be due in connection with the Services provided under these Terms of Service. If Snow Skills determines it has a legal obligation to collect a tax from you in connection with these Terms of Service, Snow Skills shall collect such tax in addition to any fees described. If any Services, or payments for any Services, under these Terms of Service are subject to tax in any jurisdiction and you have not remitted the applicable tax to Snow Skills, you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority, and you will indemnify Snow Skills for any liability or expense we may incur in connection with such tax. Upon Snow Skills’ request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
    4. Third-Party Provider. Snow Skills uses Stripe as a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By buying on the Snow Skills Technology, you agree to be bound by the Payment Service Provider’s Privacy Policy, as applicable: https://stripe.com/privacy and hereby consent and authorize Snow Skills and the Payment Service Provider to share any information and payment instructions you provide with third party service providers to the extent required to complete your transactions.
  8. Remedies
    1. Violations. If Snow Skills becomes aware of any possible violations by you of these Terms of Service, Snow Skills reserves the right to investigate such violations. If, as a result of the investigation, Snow Skills believes that criminal activity has occurred, Snow Skills reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Snow Skills is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Snow Skills Technology, including User Content, in Snow Skills’ possession in connection with your use of Snow Skills Technology, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms of Service; (c) respond to any claims that any of your User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Snow Skills or the public, and all enforcement or other government officials, as Snow Skills in its sole discretion believes to be necessary or appropriate.
    2. Breach. If Snow Skills determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Snow Skills Technology, Snow Skills reserves the right to:
      1. Warn you via e-mail (to any e-mail address you have provided to Snow Skills) that you have violated the Terms of Service;
      2. Delete any User Content provided by you or your agents to Snow Skills Technology;
      3. Discontinue your registrations with the any of Snow Skills Technology, including any Services;
      4. Discontinue your access to and use of any Services;
      5. Notify or send User Content to and fully cooperate with the proper law enforcement authorities for further action; or
      6. Pursue any other action which Snow Skills deems to be appropriate.
  9. Warranties and Disclaimers
    1. Mutual. Each party states that the party’s execution, delivery, and performance of these Terms of Service (a) have been authorized by all necessary action of the governing body of the party; (b) do not violate the terms of any law, regulation, or court order to which such party is subject or the terms of any agreement to which the party or any of its assets may be subject; and (c) are not subject to the consent or approval of any third party.
    2. By You. You represent that you have the full legal right to provide the User Content and that the User Content will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of failure to obtain consent to provide Personal Data or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, including school or district policies; and/or (c) constitute disclosure of any confidential information owned by any third party.
    3. By Snow Skills. Snow Skills warrants that the Services will perform substantially in accordance with the specifications specified in the then-current Documentation for 90 days after the Effective Date of these Terms of Service. In the event of a non-conformance of any Service, reported to and verified by Snow Skills, Snow Skills will make commercially reasonable efforts to correct such non-conformance. Your sole remedy is limited to the replacement, repair, reperformance, or refund, at Snow Skills’ option, of defective Services. Notwithstanding the foregoing, any Third-Party Materials will be subject only to such third-party terms and any warranties therein.
    4. Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, SNOW SKILLS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY ASPECT OF THE SERVICES OR OTHER PRODUCTS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SNOW SKILLS AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES OR OTHER SNOW SKILLS TECHNOLOGY WILL BE UNINTERRUPTED, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR OTHER SNOW SKILLS TECHNOLOGY.
  10. Indemnification. YOU WILL INDEMNIFY SNOW SKILLS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ALL LIABILITIES, CLAIMS, EXPENSES, AND LOSSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM OR RELATED TO ANY BREACH BY YOU OF THESE TERMS OF SERVICE, INCLUDING MISUSE OF ANOTHER’S PERSONAL DATA OR FAILURE TO OBTAIN CONSENT TO PROVIDE PERSONAL DATA OR OTHERWISE PRIVATE INFORMATION ABOUT A PERSON.
  11. Limitations of Liability. OTHER THAN THE FEES, CHARGES AND EXPENSES PAYABLE PURSUANT THE TERMS OF SERVICE, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER (INCLUDING LOST PROFITS) ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR NON-USE OF THE SERVICES. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE TO THE CONTRARY, IN NO EVENT WILL SNOW SKILLS’ TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EXCEED THE LESSER OF (A) THE TOTAL AMOUNTS PAID TO SNOW SKILLS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIMS, OR (B) ONE HUNDRED DOLLARS. EACH PARTY AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED FOR PROVISIONS OF THESE TERMS OF SERVICE AND THAT FEES AND CONSIDERATION PAYABLE REFLECTS THESE DISCLAIMERS AND LIMITATIONS.
  12. Term and Termination. This Terms of Service will be in effect for as long as any Order is in effect. Unless otherwise specified in any Order or if otherwise terminated in accordance with these Terms of Service, each Order will be in effect for a period of 12 months from its effective date and each Order will automatically renew for successive 12 month terms unless one party notifies the other party of non-renewal in writing at least 60 days prior to the end of the current term (the “Term”). You may terminate any Order at any time, in whole or in part, for any reason or no reason, on 60 days’ prior written notice. Snow Skills may terminate any Order at any time, in whole or in part, for any reason or no reason, with or without notice. Either party may terminate any Order or all Orders if the other party materially breaches these Terms of Service or any Order and does not cure such breach within 30 days after written notice of such breach. Upon the termination or expiration of these Terms of Service or an Order, as applicable, you (a) will immediately cease using the Services and (b) for a period of 30 days, may request a copy of User Content that is in Snow Skills’ possession in the format retained by Snow Skills. You understand that after a 30-day period, Snow Skills may delete your User Content. Snow Skills will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Content. All provisions of these Terms of Service which by their nature should survive, will survive termination of the Terms of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  13. No Subsequent Registration. If your registration with or ability to access Services, or any other Snow Skills community is discontinued by Snow Skills due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Snow Skills community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. If you violate the immediately preceding sentence, Snow Skills reserves the right, in its sole discretion, to immediately take any or all the actions set forth in these Terms of Service without any notice or warning to you.
  14. Export Control. You may not use, export, import, or transfer Snow Skills Technology except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Snow Skills Technology, and any other applicable laws. In particular, Snow Skills Technology may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Snow Skills Technology, you state that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Snow Skills Technology for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You agree that products, services or technology provided by Snow Skills are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Snow Skills products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  15. Dispute Resolution and Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with Snow Skills, or in any way relating to your use of the Snow Skills Technology, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any such dispute including any claim involving Snow Skills or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

    16. These Terms and Conditions are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  16. Electronic Communications . The communications between you and Snow Skills use electronic means, whether you access any Snow Skills Service,send/receive emails to/from Snow Skills, send/receive texts to/from Snow Skills, or whether Snow Skills posts notices on Snow Skills. Unless the Parties have a separate written agreement to the contrary, you (1) consent to receive communications from Snow Skills in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Snow Skills provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, Including the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
  17. Notice. Where Snow Skills requires that you provide an e-mail address, you are responsible for providing Snow Skills with your most current e-mail address. If the last e-mail address you provided to Snow Skills is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms of Service, Snow Skills’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Snow Skills at the following address: Snow Skills, LLC, Attn: Legal Department, 7259 Talanth Place, New Albany, OH 43054. Such notice shall be deemed given when received by Snow Skills by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
  18. Release. YOU RELEASE SNOW SKILLS PARTIES AND THEIR SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF SERVICES, INCLUDING ANY INTERACTIONS WITH OR CONDUCT OF OTHER REGISTERED USERS OR THIRD-PARTY WEBSITES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE TERMS OF SERVICE OR YOUR USE OF SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY A SNOW SKILLS PARTY OR FOR SUCH PARTY’S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY SERVICES PROVIDED.

  19. General. Snow Skills and you are each independent contractors and neither party will be, nor represent itself to be, the franchiser, partner, broker, employee, servant, agent, or legal representative of the other party for any purpose whatsoever. You may not sublicense, assign, or transfer these Terms of Service, or any rights and obligations under these Terms of Service, in whole or in part, without Snow Skills’ prior written consent. Any attempted assignment in violation of this Section will be void. This Terms of Service will be binding upon, and inure to the benefit of, the permitted successors and assigns of each party. Notwithstanding anything to the contrary in these Terms of Service, except for your obligations to pay amounts due under this Terms of Service, neither party will be deemed to be in default of any provision of these Terms of Service for any delay, error, failure, or interruption of performance due to any act of God, terrorism, war, strike, or other labor or civil disturbance, interruption of power service, interruption of communications services, problems with the Internet, act of any other person not under the control of such party, or other similar cause. The waiver or failure of either party to exercise in any respect any right provided under these Terms of Service will not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms of Service. If any portion of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. To the extent the parties are permitted under these Terms of Service to initiate litigation in a court, both you and Snow Skills agree that all claims and disputes arising out of or relating to the Terms of Service will be litigated exclusively in the state or federal courts located in Columbus, Ohio. These Terms of Service do not confer any rights or remedies upon any person other than the parties, except Snow Skills’ licensors. When used, the words “includes” and “including” and their syntactical variations will be deemed followed by the words “without limitation.”
  20. Questions. Complaints, Claims. If you have any questions, complaints, or claims with respect to the Services, please contact us at:

    Snow Skills Education
    Attn: Legal Department
    7259 Talanth Place
    New Albany, OH 43054
    [email protected]

    We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

  21. Consumer Complaints. In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.