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TERMS AND CONDITIONS

Aquaglide Terms of Use & Privacy Policy

Welcome to Aquaglide.com (the “Site”). Aquaglide and its wholly-owned subsidiaries and parent company provide their services to you subject to the following terms & conditions. ("Terms and Conditions" or "Agreement"). This policy describes how Aquaglide and its parent, subsidiary, and affiliate companies collect, use and share information collected globally through our social media platforms, the mail, dealers, distributors, retail stores where our products are sold, wholesale accounts, Aquaglide.com and any other websites that link to this privacy policy (collectively, the “Aquaglide Services”). Please read the following terms and conditions carefully before using our Site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms and Conditions. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Electronic Communications When you visit Aquaglide.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text, or chat. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Children Under the Age of 18 Aquaglide does not sell products to children, but it sells them to adults, who can purchase products with a credit card or other electronic payment services such as Pay Pal. If you are under 18, you may shop at Aquaglide.com only with involvement of a parent or guardian. Aquaglide and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

The Digital Millennium Copyright Act The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) The name, address, telephone number and email address (if available) of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to legal@aquaglide.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.

Copyright All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aquaglide or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Aquaglide and protected by U.S. and international copyright laws. All software used on this Site is the property of Aquaglide or its software suppliers and protected by United States and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aquaglide. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aquaglide and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Aquaglide’s name or trademarks without the express written consent of Aquaglide.

Trademarks Aquaglide and other marks indicated on our Site are registered trademarks of Aquaglide in the United States and other countries. Aquaglide graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Aquaglide. Aquaglide’s trademarks and trade dress may not be used in connection with any product or service that is not Aquaglide’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aquaglide. All other trademarks not owned by Aquaglide 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 Aquaglide.

Indemnification You agree to indemnify, defend, and hold harmless Aquaglide, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorney’s fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms & Conditions, any law or the rights of any third party.

Third Party Links Aquaglide may link to third-party sites. Aquaglide has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.

Risk of Loss All items purchased from Aquaglide are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions Aquaglide attempts to be as accurate as possible. However, Aquaglide does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Aquaglide itself is not as described, your sole remedy is to return it in a new, unused condition.

Disclaimer of Warranties and Limitation of Liability This site is provided by Aquaglide on an "as is" and "as available" basis. Aquaglide makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Aquaglide disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Aquaglide does not warrant that this site, its servers, or e-mail sent from Aquaglide are free of viruses or other harmful components. Aquaglide will not be liable for any damages of any kind a rising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law

By visiting Aquaglide.com, you agree that the laws of Washington, a state that is part of the United States of America without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Aquaglide.

Disputes Any dispute relating in any way to your visit to Aquaglide.com or to products you purchase through Aquaglide.com shall be submitted to confidential arbitration in the state of Washington. To the extent you have in any manner violated or threatened to violate Aquaglide's intellectual property rights, Aquaglide may seek injunctive or other appropriate relief in any state or federal court in the state of Washington and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Site Policies, Modification, and Severability We reserve the right to make changes to our Site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Privacy Policy Your privacy is important to Aquaglide. Because of this, we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know by writing us at youradventureiscalling@aquaglide.com if you have any questions. By visiting Aquaglide.com, you are accepting the practices described in this Privacy Policy.

Collection of Personal Information We will ask you when we need information that identifies you individually or allows us to contact you directly (personal information). We may ask for personal information when you purchase a product, enter a contest, request a service, complete a survey, subscribe to news, or engage in some other activity on our site. In connection with these activities, we may ask you for contact information such as your name, telephone number, and email address. When you visit our website, we collect standard information about your hardware and software such as your IP addresses, browser type, operating system, pages visited on our site, referring and exit pages, and the dates and times of the visits. This site visitation data is used to administer the site and provide general statistics regarding the use of Aquaglide.com. Site visitation data is never linked to your personal information, and we do not use it to identify you individually without your permission.

Use of Personal Information We will keep any and all information collected from you at this site strictly confidential and we will not sell, rent, trade, or otherwise share your personal information with third parties for their promotional use without your permission. We will use the personal information you give us to fulfill the services and provide the products you request from us. This may include sending information that you have requested, or contacting you about products and services that you have purchased. If you do not opt-out of communications from Aquaglide, we may send you marketing notices including promotions of our products and services.

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Aquaglide.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

Google Analytics Aquaglide.com uses a tool called Google Analytics Demographics and Interest Reporting and may also make use of other Google Analytics for Display Advertising tools, including Remarketing, Google Display Network Impression Reporting and/or the DoubleClick Campaign Manager integration. We are required by Google to disclose the following information to you in our Privacy Policy in connection with our use of any Google Analytics for Display Advertising tools:

  1. You may opt out of Google Analytics for Display Advertising by using the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.

  2. If Aquaglide.com makes use of the Google Analytics for Display Advertising Remarketing feature, Aquaglide will use such Remarketing feature to advertise online, and third party vendors, including Google, may show Aquaglide ads on sites across the Internet.

  3. Aquaglide and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to Aquaglide.com, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to Aquaglide.com.

Google Analytics collects only the IP address assigned to you on the date you visit Aquaglide.com, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Data from Google Analytics Demographics and Interest Reporting may be utilized by Aquaglide to help recognize and understand user preferences, to make improvements to Aquaglide.com, to choose content and advertising to display to you, and for other business purposes that will allow Aquaglide to better serve you.

Security of the Information We Collect We are committed to protecting the security of your personal information, and we use a range of technologies and procedures to protect your personal information. For example, we store personal information in a secure, limited access facility; sensitive information transmitted to us through our store (such as a credit card number) is encrypted for transmission using the Secure Socket Layer (SSL) protocol. The SSL encryption is designed to make the information unreadable by anyone but us and our payment service providers.

Protection of Children's Privacy Aquaglide.com is a general interest website, and we do not knowingly collect any personal information from children. Aquaglide.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Aquaglide.com only with the involvement of a parent or guardian.

Use of Cookies and Clear GIF Technology When you visit our site, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of our website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. We do not correlate this information with data about individual users, nor do we share this information or sell it to any third party.

If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of our website.

We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our website. We may also use this technology to track the delivery of HTML email messages. This data is collected exclusively for use in our marketing and research.

Links to Other Websites Our website may contain links to other websites. If you use these links, you will leave our website. When you access a non-Aquaglide website, even one that may contain the Aquaglide logos, please be aware that we do not control the content and we are not responsible for the privacy practices of that site and we encourage you to review the privacy policies of each site you use. This Privacy Policy does not cover the information practices of those websites linked to our website. These other sites may send their own cookies to users, collect data, or solicit personal information.

Limitation of Liability Except where prohibited by law, in no event will Aquaglide be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Aquaglide has been advised of the possibility of such damages. Aquaglide provides unique access to several international distributors and dealers and the site therefore may contain references or cross references to Aquaglide products, programs and services that are not announced in your country. Such reference does not imply that Aquaglide in your country intends to announce such products, programs or services.

Children Under the Age of 13, Read This: Aquaglide is committed to protecting the online privacy of children. In accordance with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. Aquaglide.com does not sell products for purchase by children. We sell children's products for purchase by adults.

Children Under the Age of 18, Read This: Sorry kids, but if you are under 18, you may shop at Aquaglide.com only with the involvement of a parent or guardian.

Information You Post All information that you share about yourself, whether PII or not, in a public open forum – such as on a social network – will be considered public information for the purposes of this policy. If you don’t want it to be public, please don’t post it.

Links to Third Parties and Social Media Our websites may contain links to third-party online properties. Such third parties have their own policies that govern their collection, use, and disclosure of information. We suggest that you read their privacy policies to learn about their practices.

Social Media Social media provides tools that many of our customers use and enjoy, and we include links to various social media platforms on our websites. If you interact with these social media tools through our websites, your experience on those social media sites will be governed by the privacy and other policies of those sites. So, the privacy settings you have chosen on those sites will determine the degree to which your information is made public. We encourage you to choose your privacy settings on those sites accordingly.

Ownership of Site; Agreement to Terms of Use The Site is the property of Aquaglide. Aquaglide therefore reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Aquaglide grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Your Use of the Site You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Aquaglide reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Aquaglide server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Aquaglide, including any Aquaglide account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Apple’s systems or networks, or any systems or networks connected to the Site or to Aquaglide.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Aquaglide on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aquaglide or others.

Purchases; Other Terms and Conditions Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Aquaglide may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Aquaglide makes no commitment to update the materials on the Site with respect to such products and services.

Aquaglide reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Void Where Prohibited Aquaglide administers and operates the Aquaglide.com Site from its location in White Salmon, Washington USA; other Aquaglide sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Aquaglide reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

We at Aquaglide are pleased to hear from our loyal fans and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow Aquaglide to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.

We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, through participation in certain activities, you send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. Aquaglide shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice. Copyright © 2017 Aquaglide | North Sports Inc. All rights reserved. Updated by Aquaglide on April 1st 2017