Terms of Use

Copyright

The entire content included in this site, 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 the As ever Entities and/or site operator Snow Commerce. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Snow Commerce or purchasing items made available on the Store by Snow Commerce on behalf of As ever Entities. 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 site solely for your own non-commercial use, or to place an order with Snow Commerce or to purchase products made available on the Store. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by site operator Snow Commerce. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names used on or in connection with the Store are owned by As ever Entities or site operator Snow Commerce, or used with permission.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Snow Commerce and the As ever Entities disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Snow Commerce and the As ever Entities do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Snow Commerce and the As ever Entities do not make any warranties or representations regarding the use of the materials in this site 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 limitation may not apply to you. Snow Commerce reserves the right to restrict or terminate your access to this website or any feature of this website or part thereof at any time.

Limitation of Liability

Neither Snow Commerce or any As ever Entities shall be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Snow Commerce or the As ever Entities have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a product offered on the Store is mistakenly listed at an incorrect price, Snow Commerce reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Snow Commerce reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Snow Commerce shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Snow Commerce without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Snow Commerce may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Snow Commerce.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of New York, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of As ever Entities and site operator Snow Commerce products) shall be in the state or federal courts located in the State of New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products made available on the Store) must be commenced within one (1) year after the claim or cause of action arises. Snow Commerce's 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. Snow Commerce may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Snow Commerce or other licensed employee, host, or representative, as well as other users or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Snow Commerce does not and cannot review all communications and materials posted to or created by users accessing the Store, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Store, Snow Commerce is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Snow Commerce reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Snow Commerce in its sole discretion. Notwithstanding anything to the contrary contained herein, no provision of these Shop Terms shall apply to waive your right to make any statement regarding Snow Commerce or any of the As ever Entities or its employees or agents, or concerning Snow Commerce’s or any of the As ever Entities’ goods or services.

Certain areas of the Store may allow you to create an account. It is your responsibility to maintain the confidentiality of your login credentials and your account. Additionally, you are responsible for any and all activities that occur under your account, including all transactions and other activities undertaken.  Neither Snow Commerce nor any of the As ever Entities are responsible for any loss that you may incur as a result of someone else using your password or account.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Snow Commerce, As ever Entities and all of their respective officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all actual or alleged claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Snow Commerce may link to sites operated by third parties. However, even if the third party is affiliated with Snow Commerce, Snow Commerce has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Snow Commerce. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Snow Commerce seeks to protect the integrity of the Store and the links placed upon it and therefore requests any feedback on not only its own site but for all sites it links to as well (including if a specific link does not work).