Welcome to KidSportVail.com. Please read the terms and conditions carefully. By your use of this Website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this Website.
All content, materials, products, services and information made available on or through this Website are provided on an "as is" and "as available" basis, without representations or warranties of any kind, either express or implied. Subject to the foregoing, Kidsport disclaims all implied warranties, including without limitation, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in these terms and conditions. Kidsport makes no representation that the information contained on this Website, your results in using this Website or the service itself will be accurate, valid, reliable or available or that it does not violate or infringe the rights of any third party. Kidsport does not warrant that the content, materials, products, services and information made available to you through this Website, their servers, or e-mail sent from Kidsport are free of viruses or other harmful agents or components. Kidsport makes no representation and specifically disclaims any warranty regarding any site linked to this Website.
This disclaimer by Kidsport in no way affects the terms of any manufacturer's or third party seller's warranty, if any, related to the goods purchased via this Website. Title to goods and merchandise is retained by Kidsport until goods and merchandise are paid for by the purchaser and at that time title passes to the purchaser.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
You agree that, except as otherwise provided under applicable laws, neither Kidsport nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this Website or any other Website linked to this Website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Kidsport is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.
You agree that all content appearing on the Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software, are the sole property of Kidsport or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Kidsport and protected by United States and international copyright laws. All software used on this site is the property of Kidsport or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the Kidsport Website for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.
Kidsport does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of Kidsport. Kidsport prohibits use of the Kidsport logo or other proprietary graphic or trademark as a link to any Website unless creating such a link is approved in advance by Kidsport in writing. Registered and unregistered proprietary information is owned and held by Kidsport and its licensors and therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form either mentioned or unmentioned.
This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other "hidden text" utilizing Kidsports name or any trademarks; to engage in any activity that interferes with a user's access to this website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website, you will not impersonate any person or entity.
Kidsport attempts to be as accurate as possible. However, Kidsport does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free. If a product offered by Kidsport is not as described, your sole remedy is to return it in unused condition.
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Kidsport shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Kidsport shall have the right to limit the number of items purchased through this Website. Kidsport shall have the right to refuse or cancel any order 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, Kidsport shall immediately issue a credit to your credit card account in the amount of the charge.
Kidsport may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. Kidsport shall not be liable to you or any third party should it exercise this right to modify or discontinue the Website. Kidsport also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions are posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.
By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, then please do not use this Website.
The privacy of those who visit our Website is of primary concern to Kidsport. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual shoppers on our Website. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a shopping transaction or to maintain our relationship with you.
In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect. Your access to and use of the Website, and these Terms and Conditions are governed and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any action against Kidsport arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state or federal courts located in Colorado. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Colorado for the adjudication of all claims by Kidsport against you arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions.
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
We will gladly adjust the price of an item if it decreases within 7 days of your original purchase. One-time price adjustment may be made on original or sale price merchandise. If purchase was made without using customer account number we will need original receipt in order to make the adjustment and will need to set up customer in our system before adjustment can be made.