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Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE:

All users of this website agree that access to and uses of this website are subject to the following terms and conditions and other applicable law. When you use this website, you are automatically agreeing that both your access to the site and your use of it are at your own risk. If you do not agree to these terms and conditions, please do not use this website. Glory Kiteboarding hereafter referred to as “Glory Kiteboarding ” reserves the right to modify these Terms of Use at any time. Please refer to this page frequently to review our current terms and conditions of use.

TERMS, COPYRIGHT: The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Glory Kiteboarding . The collective work includes works that are licensed to Glory Kiteboarding . Copyright 2013 Glory Kiteboarding . ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Glory Kiteboarding  or to purchase Glory Kiteboarding  products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Glory Kiteboarding  in writing.

TRADEMARKS: The trademarks or trade dress of Glory Kiteboarding  may not be used without our written permission. Trademarks or trade dress include the Glory Kiteboarding  name and logo, and other graphics and other indicia of origin of Glory Kiteboarding  products, services and programs. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Glory Kiteboarding .

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us Glory Kiteboarding  or our affiliates.

USE: You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.glorykite.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.

ERRORS AND INACCURACIES: Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions – including after an order has been submitted – and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

AGE RESTRICTIONS: In compliance with the Children’s Online Privacy Protection Act, www.glorykite.com does not sell products online directly to children. If you are under 18, you may browse www.glorykite.com only with the supervision of a parent or guardian. Purchases of products online may only be made by an adult.

WARRANTY DISCLAIMER: This website and the materials and products on this website are provided “As is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law Glory Kiteboarding  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Glory Kiteboarding  does not warrant that the functions contained in the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes that the website available are free of viruses or other harmful components. Glory Kiteboarding  does not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. You assume total responsibility for your use of the website and any linked sites. Your sole remedy against Glory Kiteboarding  for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

LIMITATION OF LIABILITY: Glory Kiteboarding  shall not be liable for any direct, special, incidental, indirect or consequential damages that result from the use, or the inability to use, the materials on this website or the performance of the products purchased through the website or the conduct of other users of this website, even if Glory Kiteboarding  been advised of the possibility of such damages. If, notwithstanding the other provisions of these terms of use, Glory Kiteboarding  is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this website or any content, Glory Kiteboarding  liability shall in no event exceed CAD $50.00.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NO CONFIDENTIAL INFORMATION: Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Glory Kiteboarding  has a formal procedure for those wishing to share a suggestion or idea with us.

If you wish to share an idea or suggestion with us, for the time being you must follow these procedures. You may request these procedures by sending your request via email to info@glorykite.com This e-mail address is being protected from spam-bots. Please do not include your idea or suggestion in your email request. If you do not follow our formal procedure, any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

APPLICABLE LAW: By visiting this website, you agree that the laws of the Province of Alberta, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

DISPUTES: Any dispute relating in any way to your visit to our website or to products purchased here shall be governed, construed, and enforced in accordance with the substantive law of the Province of Alberta, Canada. You consent to the exclusive jurisdiction of the state or federal courts of the Province of Alberta.

SITE TRANSACTIONS: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address /phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PURCHASES RELEASE OF LIABILITY: Use of kiteboarding equipment requires safety training and kiteboarding is a dangerous sport.  When purchasing any equipment and/or product (of any kind) from Glory Kiteboarding  or its dealers you assume all responsibility for any damage/injury that may result from using this equipment and/or product in any way.

Glory Kiteboarding  and its affiliate companies /dealers assume no liability for the use of any equipment and/or products (of any kind) purchased, and by purchasing this equipment and/or products (of any kind) from us or our dealers, you understand, acknowledge and accept this release of liability

PRODUCT COLOR CHOICES: We have made every effort to display as accurately as possible the colors of our products that appear at the sites. We cannot guarantee that your computer monitor’s display of any color will be accurate. All color choices may not be available when placing an order. We reserve the right to substitute for available and in stock colors.

THIRD PARTY LINKS: In an attempt to provide increased value to our visitors, may link to websites operated by third parties. However, even if the third party is affiliated with Glory Kiteboarding  has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Glory Kiteboarding. These linked websites are only for your convenience and therefore you access them at your own risk. Glory Kiteboarding  seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

INDEMNIFICATION: You agree to defend, indemnify and hold Glory Kiteboarding  harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the agreement.

USE OF INFORMATION PROVIDED: You agree that Glory Kiteboarding  is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the website), or contained in any communication you may send to Glory Kiteboarding  or submit to the Glory Kiteboarding  website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.

PRIVACY: Glory Kiteboarding  is committed to safeguarding your privacy. Any personally identifiable information received by us will not be shared with any third party and will be kept confidential.

MISCELLANEOUS:
Your use of this website shall be governed in all respects by the laws of the Province of Alberta, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Glory Kiteboarding  products) shall be resolved individually, without resort to any form of class action, and exclusively in the provincial or federal courts located in Calgary, Alberta Canada. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Glory Kiteboarding  products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from Glory Kiteboarding . You agree that any notice, agreement, disclosure or other communication that Glory Kiteboarding  sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Glory Kiteboarding  failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Glory Kiteboarding  may assign its rights and duties under this Agreement to any party at any time without notice to you.

TERM; TERMINATION: These terms and conditions are applicable to you upon your accessing the website. Glory Kiteboarding  reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated Glory Kiteboarding  without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

These Terms of use are subject to change at any time without notice.

© 2013 Glory Kiteboarding