Welcome to Powhound.com, the online community for avid skiers and snowboarders. By using this site either as a visitor or member, you agree to and are subject to these Terms of Use. Powhound.com (corporate name: Powhound.com, LLC) reserves the right to update or change the Terms of Use at any time with or without notice. Your use of the site signifies your agreement to the Terms of Use and any changes that are made. If you do not agree to the Terms of Use, please do not join, use or visit this site. You are responsible for reviewing these Terms of Use on a regular basis. Powhound.com offers a variety of services, including but not limited to discussion forums, classified ad posting services, rating tools, and product and service directories. You agree that Powhound.com is not liable to you or any third party for changing or discontinuing its services.
Trademarks & Logos
All trademarks, logos, trade dress and service marks on the website are either trademarks or registered trademarks of Powhound.com or its partners and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Powhound.com.
All Powhound.com website content including but not limited to web design, text, graphics, files, and other materials are the property of Powhound.com, LLC. Content may be printed or downloaded for personal, non-commercial use as long as copyright and other notices are included. Content sourced from the Powhound.com website may not be republished or copied without written consent from Powhound.com, LLC.
Content
Powhound.com is not responsible for the content posted by members. All members take full responsibility for the content they post to the website, including but not restricted to listings, messages, text, files, images, photos, and links to other websites. We do not endorse and are not responsible for the accuracy, completeness or usefulness of any content posted by members. You agree to assume the full risk associated with the use of the content and will not hold Powhound.com liable for the content or for loss or damage resulting from the use of content made available on the website. You understand and agree that Powhound.com may review and delete any member content it considers offensive, harmful or illegal.
By posting content to any part of the website, you automatically grant to Powhound.com the right to use, copy, display, translate and distribute such information and content within the guidelines of our Privacy Policy. You acknowledge and agree that member content that you post or submit to our Site will become public. Powhound.com is not obligated to return or acknowledge receipt of any member content. Powhound.com also does not accept responsibility for content on any linked site accessible from Powhound.com through hyperlink or other method. The inclusion of any link does not signify Powhound.com’s endorsement of or affiliation with the site or the site contents.
Member Eligibility and Conduct
You must be at least thirteen years of age to use Powhound.com or to register as a member. Powhound.com, LLC reserves the right to terminate your membership or prohibit your use of the website for any reason at any time.
To register as a member, you must provide registration data such as a username, password, and email address. You agree to provide true information about yourself and to register for only one account. You may not share an account with another person or register a user name with the intent to impersonate another person. Powhound.com has the right to cancel an account with a user name it deems offensive. Any duplicate accounts are subject to cancellation.
By accepting these Terms of Use, you agree that you will not:
- Submit content to the site that will violate the rights of a third party, including personal or proprietary rights, or libelous or defamatory content.
- Collect information, including email addresses or other contact information, using automated or manual methods from the website for the purpose of sending unsolicited emails or other unsolicited communications.
- Upload or post content that could be considered offensive or harmful in any way, as determined by Powhound.com.
- Misrepresent yourself or use a false identity when posting information or interacting with others on the site.
- Harass or stalk another member.
- Post or distribute content or software that contains a virus or other harmful component.
Disclaimer of Warranties
You understand that the use of the site is at your sole risk. You understand that the site and services are provided on an “as is” and “where available” basis and are subject to change at any time without notice to you. You accept that Powhound.com makes no warranty that the site or services will be uninterrupted, secure, reliable, accurate or error-free. To the fullest extent permitted by law, Powhound.com disclaims all representations, warranties and conditions of any kind as to the site, services, content, and products, including all third party information, products and content advertised on or accessed through any links on the Powhound.com site.
Limitations of Liability
Powhound.com shall not be liable to you or any third person for direct, indirect, incidental, consequential, exemplary, special or punitive damages, including for any lost profits or lost data arising from your use or misuse of the site or services. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).
Indemnity
You agree to indemnify and hold Powhound.com, its directors, officers, affiliates, service providers, partners, suppliers, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind, including attorney fees, that we may incur in connection with a third party claim or otherwise due to your use of our services, your violation of the TOU, applicable law or the rights of any third party.
Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the state of Virginia, applicable to agreements made and entirely to be performed within the state of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Virginia Beach located in Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms of use.
Termination
Powhound.com reserves the right, without notice and in its sole discretion, to terminate your access to Powhound.com and its services, and to block or prevent future access to the site and use of such services.
Miscellaneous
These Terms of Use constitute the agreement between you and Powhound.com regarding the use of the website and services, superseding any prior agreements between you and Powhound.com relating to your use of the website or services. The failure of Powhound.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please email info@powhound.com if you need help or have questions.
