Terms of Use

This Terms of User Agreement is effective as of December 1, 2007.

General

sander-reviews.com is brought to you by Snowbound Enterprises, Inc. ("Snowbound"). This Terms of Use Agreement (or "Agreement") is a legal agreement between you and Snowbound governing your participation on the sander-reviews.com site. By using, accessing or registering as a member of the sander-reviews.com site, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the sander-reviews.com site.

Snowbound can amend this Agreement by posting the amended terms on the sander-reviews.com site, which take effect when they are posted. By continuing to access or use the sander-reviews.com site after any such amendment, you agree to be bound by the terms of the amended Agreement.

The sander-reviews.com site is not targeted towards, nor intended for use by anyone under the age of 18. By using the sander-reviews.com site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the sander-reviews.com site. We reserve the right to terminate your membership or block your access in the event that Snowbound becomes aware you are under 18.

Content

sander-reviews.com provides a number of different services to assist you in comparison shopping for products. sander-reviews.com provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. sander-reviews.com is not paid by merchants or other third parties to list products on the sander-reviews.com site. The products listed on the sander-reviews.com site are sold by third party merchants, and are not sold by sander-reviews.com or Snowbound.

Snowbound does not sell, resell or license any products listed on the sander-reviews.com site, nor is Snowbound acting as an agent of sale. Snowbound disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.

Snowbound does not warrant that product descriptions, pricing, editorial commentary or any other content of the sander-reviews.com site, regardless of its source, is accurate, complete, reliable, current or error-free. Content on the sander-reviews.com site is provided for informational purposes only and does not constitute an endorsement by Snowbound of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Snowbound assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings or any other content on the sander-reviews.com site.

Consumer reviews and ratings on the sander-reviews.com are from our members as well as from third-party source. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Snowbound does not accept payment from third parties, merchants, manufacturers, or any other party for higher ratings or placement in search results.

You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the sander-reviews.com site, and any other content appearing on the sander-reviews.com site, will remain the exclusive property of Snowbound and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the sander-reviews.com site, of any content appearing on the sander-reviews.com site. You may not copy or modify the HTML code used to generate web pages on the sander-reviews.com site. You may not use the sander-reviews.com site, or any other content appearing on the sander-reviews.com site, on or in connection with any other website, for any purpose.

PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU "AS IS." THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.

Content Submission

By contributing or submitting any content to the sander-reviews.com site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Snowbound a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Snowbound, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Snowbound reserves the right to change, condense or delete any content on the sander-reviews.com site that Snowbound deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

You retain all ownership rights to information, text, graphics, or other materials you publish on the sander-reviews.com site. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. Once posted, your content can only be removed by Snowbound.

We ask that you refer or provide links to the sander-reviews.com site if you choose to republish your content elsewhere, although this is not mandatory.

Copyrights

All content available on the sander-reviews.com site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Snowbound, with all rights reserved, or is the property of Snowbound or third parties protected by intellectual property rights.

sander-reviews.com is a service mark of Snowbound. Snowbound's service marks/trademarks may not be used in connection with any product or service, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Snowbound.

If you believe content on the sander-reviews.com site infringes your copyright, you should send notice of copyright infringement to Snowbound's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ¤512) by providing the following information:

  1. An identification of the copyrighted work claimed to have been infringed
  2. An identification of the material that you claim is infringing so that we may locate it on the site
  3. Your address, telephone number and email address
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
  5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
  6. Your signature

The notice should be mailed to: 

Snowbound Enterprises, Inc.
Attn: Copyright Agent
3989 Sunshine Canyon Drive
Boulder, CO 80302
U.S.A.

Upon receipt of notice as described above, Snowbound will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the sander-reviews.com site.

Trademarks

Snowbound is not in a position to arbitrate trademark disputes between the advertisers on the sander-reviews.com site and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, Snowbound does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the sander-reviews.com site, and trademark owners should contact third party sites directly to resolve trademark disputes.

If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the sander-reviews.com site that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote the sander-reviews.com site on a third party website, please provide the following information in a signed letter on company stationery:

  1. Name of Company
  2. Contact information (including email address)
  3. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
  4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
  5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
  6. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
  7. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
  8. Your signature

Please send this written communication with the above information to the following address: 

Snowbound Enterprises, Inc.
Attn: Trademark Complaints
3989 Sunshine Canyon Drive
Boulder, CO 80302
U.S.A.

Upon receipt of notice as described above, Snowbound will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate , including removal of the challenged content from the sander-reviews.com site. In the event that the challenged content has been provided to Snowbound by a third party and in Snowbound's sole discretion, it concludes that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, Snowbound will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Snowbound will not remove the content.

Notwithstanding the foregoing, Snowbound will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Miscellaneous

You acknowledge that Snowbound has no obligation to monitor your access to or use of the sander-reviews.com site, but has the right to do so for the purpose of operating the site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the sander-reviews.com or collect information from it.

By choosing to use the sander-reviews.com site, you agree to indemnify Snowbound, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the sander-reviews.com site; or of your use of or connection to the sander-reviews.com site; your violation of the Terms of Use Agreement; or, your violation of any rights of another.

Because we are a venue, in the event that you have a dispute with one or more users of the sander-reviews.com site, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Snowbound, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than Colorado as it pertains to the enforcement of the release in this section.

SNOWBOUND AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SNOWBOUND AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH RESPECT TO EROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

This Agreement is governed by Colorado law as such laws apply to Agreements entered into and to be performed entirely within Colorado between Colorado residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the sander-reviews.com site shall be settled by binding arbitration in Boulder County, Colorado in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Colorado law. However, (a) each of us may seek interim relief from a Boulder County, Colorado court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

This Agreement and our Privacy Policy, (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

THE sander-reviews.com SITE AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The sander-reviews.com site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the sander-reviews.com site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Snowbound liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the sander-reviews.com site. In addition, Snowbound does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the sander-reviews.com site constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Snowbound, in its sole discretion, to a third party. You may not assign your obligations to another entity.

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the sander-reviews.com site. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Snowbound.