PSIA-AASI

TERMS OF SERVICE

By accessing the American Snowsports Education Association, websites http://www.psia.org, http://www.aasi.org, http://www.thesnowpros.org (“Web Sites”), you agree to abide by the Terms of Service set forth below.

1. Acceptance of Terms of Use.

The Web Sites is provided by the American Snowsports Education Association (“ASEA”) under these Terms of Service. Although portions of the Web Sites may be viewed simply by visiting the site, in order to access the forums and/or receive additional services from PSIA you need to register as a member of the Web Sites. By visiting the Web Sites and/or by registering as a member of the Web Sites, you are indicating your agreement to be bound by these Terms of Service, as modified from time to time. These Terms of Service govern your use of the Web Sites and all services provided in connection with the Web Sites. If you do not agree to these Terms of Service, please do not register for or enter the Web Sites.

2. Modifications of these Terms of Service.

ASEA may modify these Terms of Service from time to time in its sole discretion. Each time you log on to the Web Sites, you will be deemed to have accepted any such changes. If you do not agree to these changes, please arrange to terminate your registration with the Web Sites immediately by notifying ASEA of your unwillingness to accept the changes and by discontinuing your use of the Web Sites. Your continued use of the Web Sites will signify your acceptance of any change in the terms and conditions set forth herein.

3. Registration Information/Privacy Policy.

When you register for the Web Sites, you will be required to provide ASEA with certain information. That information will be held in strictest confidence by ASEA in accordance with the terms of its Privacy Policy, which is accessible here.

4. Termination.

ASEA reserves the right to immediately and without notice suspend or terminate your registration with or ability to access the Web Sites or any other service provided to you by ASEA upon any breach by you of the Terms of Service, including the furnishing of false or misleading information. ASEA may modify or discontinue the Web Sites with or without notice to you and without liability to you or any third party.

5. Content of Messages.

ASEA does not prescreen the content of messages posted on ASEA forums. You alone are responsible for the content of your messages, and the consequences of any such messages. ASEA reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

You agree not to use the Web Sites to send or post in the forums or any place on the Web Sites any message or material that (a) is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material, or (b) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or these Terms of Service. ASEA reserves the right to delete any such material from the Web Sites.

You agree not to post or use the Web Sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any forum with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (a) ASEA permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”), (b) these Rights are valid and protected in all media and technologies existing now or later developed, and (c) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Web Sites, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the Web Sites is not protected by Rights rests with you. You acknowledge that ASEA may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any public area of the Web Sites, including message boards and forums, you grant ASEA and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce for personal use (but not to republish) such content. Subject to the foregoing, the owner of such content placed on the Web Sites retains any and all Rights that may exist in such content.

6. Restrictions on Use.

The Web Sites is owned and operated by ASEA in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Web Sites in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, noncommercial use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Web Sites. “psia.org”, “aasi.org” and the “PSIA”, “AASI” logo are trademarks and/or service marks of ASEA. All other trademarks, service marks, and logos used on the Web Sites are the trademarks, service marks, or logos of their respective owners.

7. Third Party Services.

You may order services or merchandise through the Web Sites from other persons not affiliated with ASEA (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. ASEA makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider ASEA nor will ASEA be construed as a party to such transactions, whether or not ASEA may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

ASEA may include special routing icons which may be located within the Web Sites, the activation of which will allow you to access and learn more about ASEA and   other services provided by ASEA or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password.

You are responsible for maintaining the confidentiality of your user information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ASEA of any unauthorized use of your registration or password.

9. Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITES IS AT YOUR SOLE RISK. THE WEB SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

ASEA MAKES NO WARRANTY THAT THE WEB SITES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ASEA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITES. ASEA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEB SITES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT ASEA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEB SITES. ASEA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ASEA NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEB SITES, ARE ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. ASEA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

ASEA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE WEB SITES. YOUR PARTICIPATION IN THE WEB SITES IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASEA OR THROUGH THE WEB SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ASEA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITES.

ASEA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEB SITES. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against ASEA with respect to such sites.

10. Indemnity.

You agree to indemnify and hold ASEA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web Sites, your use of the Web Sites, your violation of the Terms of Service, or your violation of any rights of another party.

11. Limitation of Liability.

ASEA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ASEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITES AND/OR CONTENT CONTAINED WITHIN THE WEB SITES IS TO STOP USING THE WEB SITES. ASEA’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ASEA TO ACCESS THE WEB SITES.

12. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 11 MAY NOT APPLY TO YOU.

13. General Information.

These Terms of Service constitute the entire agreement between you and ASEA and govern your use of the Web Sites, superseding any prior agreements between you and ASEA. The Terms of Service and the relationship between you and ASEA shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and ASEA agree to submit to the personal and exclusive jurisdiction of the courts located within Jefferson County, Colorado. The failure of ASEA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Sites or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

By submitting content, which shall include your member name, to any public area of the Web Sites, including message boards and forums, you grant ASEA and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.

The “perpetual” clause should be modified to allow for the right to be revoked it content is removed from the forum.

10. Indemnity.

You agree to indemnify and hold ASEA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web Sites, your use of the Web Sites, your violation of the Terms of Service, or your violation of any rights of another party

Whoa - I do not agree to this. Good bye.

#10 is why I won’t post any more than a quick reply - please think about removing this

Isn’t that pretty standard?  If you use a forum and post something that infringes on trademarks, copyrights, fair use, is slanderous or whatever, the host is not responsible for it?  There is some term for it.

Examples, selling counterfit stuff on Ebay.  Seller is responsible, not Ebay.

Hosting bad stuff on a web host, the account holder is responsible for the content they post, not the web host.

Whatever the offical organization is that hosts this forum should not be responsble for irresponsible people who post.  If they were, then anyone would post anything and PSIA get sued for what a member posts of their own accord?

Reading through this information again makes me wonder if #10 still keeps me from posting actual procedures- meaning if I post some movement and someone tries it and gets seriously wrecked, am I responsible?
I am not sure?? Am I thinking too much about this???