OUR PRIVACY POLICY

Last modified: October 23, 2020

Welcome to the privacy policy (“Privacy Policy”) for Oneup, Inc.., its subsidiaries and affiliates, including, Oneup Sportz  Ski and Snowboard, Door 2 Door Ski & Snowboard Rental Delivery, Oneup Sportz  Patio Furniture, the Alpineer, Powder Tools Board Shop, Bootdoctors, Sno-Go, Cottam’s Ski Shops, Sturtevant’s, Flatiron Sports, and other affiliates (collectively, “Oneup Sportz ,” “we,” “us” or “our”). We know this isn’t as exciting as a powder day (“Powder Day”), but data is a thing these days and we want to protect yours.

Oneup Sportz  respects your privacy and is committed to protecting it through our compliance with this Privacy Policy which pertains to the Personal Data we collect about our customers in our stores (“Stores”), on our websites, via mobile apps, through interest-based online advertising, and technology platforms owned or operated by Oneup Sportz  (collectively, the “Platform”), and via third party partners or service providers. Please read this Privacy Policy carefully to understand how we collect, use, share, and otherwise process information relating to you and your rights and choices regarding our processing of your Personal Data. We’re also just really curious to see who is actually reading this word for word, to be honest. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, BY ACCEPTING THE TERMS AND CONDITIONS OR BY USING OR ACCESSING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE OR CONSENT TO ANY OF THE TERMS OF THIS PRIVACY POLICY, YOUR ONLY RECOURSE IS TO DISCONTINUE ACCESSING OR OTHERWISE USING THE PLATFORM AND USING OUR SERVICES. SORRY THIS LOOKS SO AGGRESSIVE. WE ARE NOT YELLING AT YOU. CAPS LOCK JUST HAS THAT VIBE.

PLEASE BE ADVISED: This Privacy Policy contains provisions that govern how claims you and Oneup Sportz  have against each other can be brought (see Section 10 below). These provisions will, with limited exception, require you to submit claims you have against Oneup Sportz  to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

For any customers that are residents of the State of California, please see Section 6 for additional rights only available to residents of the State of California. 

  1. INFORMATION SUBJECT TO THIS POLICY

“Personal Data” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household, such as your name, phone number, email, approximate geographic location of your computer or device, or postal address, and possibly information relating to certain support or customer service issues. 

“Personal Data” does not include:

  • information that is lawfully made available from federal, state, or local government records (i.e., “publicly available information”); and 

  • consumer information that is de-identified or aggregate consumer information (“Aggregate Data”).

  • your first car, high school sweetheart’s name, musical guilty pleasures (i.e., “yacht rock”), and your dirty secret of loving to ski easy groomers.

From time to time, we will collect Aggregate Data about the use of the Platform or services we offer. This Aggregate Data represents a generic overview of our customers’ collective viewing habits and activities, and allows us and permitted third parties to modify information, promotions, offers, and/or discounts on services based on user traffic and behavior. We may collect this information using technologies such as “cookies”, which are discussed in greater detail below. No, we don’t mean the delicious pecan sandies that your mother used to make. We may also group this Aggregate Data to describe the use of our services to our existing or potential business partners or other third parties, or in response to a government request. We also may share Aggregate Data to business partners or third parties to enable the provision of targeted information. However, please be assured that Oneup Sportz  uses commercially reasonable efforts to assure that this Aggregate Data will not personally identify you. That’s the difference between Aggregate and Personal Data, yo.

While some experiences will not prompt a collection of Personal Data, you generally need to provide us with Personal Data to use most of our services, including to allow us to provide you with certain personalized or enhanced services. How we collect and store information depends on the services in which you elect to participate.

  1. INFORMATION COLLECTION

    1. Information You Provide Us

We may collect certain Personal Data information from you in connection with your activities at Oneup Sportz , such as when you shop on our Platform or in our Stores. This information may include:

  • Contact and Related Information for Use of Most Services. When you use our services you may be required to give us your name, email address, billing address, and phone number, and additional information that enables you to use our services. Further, when you rent or purchase equipment from us we may ask you for name, email address, billing address, phone number, emergency contact, date of birth, gender, shoe size, skier/snowboarder type, and selection of equipment. You may be prompted to enter this information before using our services. When you enter such information, you represent and warrant to us that such information is accurate and that you have the right and authority to provide such information. I mean, common sense says we can’t fit you for the perfect boot without knowing your shoe size. That would prove to be very difficult.

  • Payment Information. Yes, we outfit you with everything you need to seek your stoke, but not for free. That’s bad for business. When you or your authorized party provide a credit card number or other payment method, a third party that processes payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers; however, we may store tokens as provided to us by the payment processor so that we can provide refunds and payment adjustments, as appropriate.

  • Information You Post. The Platform may provide an opportunity, among other things, for users to post images, “like” items, and publish reviews for products, all of which will become public and may include Personal Data information. We are not responsible for such disclosures you choose to make available in this manner, including with respect to Personal Data. What you put on the ‘Gram is on you.

  • Information You Submit. If you contact us directly, we may receive additional information about you. For example, when you contact customer support or place an order for merchandise or a reservation for a rental service, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

  • Phone Information. If you use the Platform on your mobile device or tablet, it may require special permission such as access to the camera, microphone, location, read and write access, external storage, network access, etc. Those permissions allow the Platform to work properly on your device. If you do not allow all required permission to the Platform, it may not work properly, however granting such access is your decision.

  • Survey Information and User Generated Information. We may also collect information and data provided by you from your responses to voluntary surveys for research purposes to improve our services. If you tag Oneup Sportz  (and our affiliates) on third party social media, we may also collect user generated data that you post on third party social media sites. With your consent, we may post testimonials and user generated content on the Platform. We may also post or share news, events, results, marketing materials from individuals or companies. Requests to remove posted materials should be submitted to rent@oneupsportz.com Reasonable efforts will be made to remove posts upon receiving written notice including unique identification of the content being asked for removal and positive confirmation of ownership rights over such content. We just want to make you insta-famous and give you that “influencer” status in the world of snow sports. Don’t hate the player, hate the game. 

  • Information We Automatically Collect From You

We also collect information during the course of, or as a result of, your use of the Platform. Types of information we may automatically collect from you include:

  • Commercial Information. When you use our services we may collect commercial information such as records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;

  • Location. In order to help you find a Store to best fit your needs and to keep track of your purchases and Stores you visit for internal business purposes, we collect your location data. When you visit a Store we may record your visit if you use our Services or through in-store beacon technology. When you open the Platform on your mobile device, we receive your location. We may also collect the precise location of your device when our mobile application is running in the foreground or background. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. Be advised that if you do not allow us to collect your location, the Platform may not work properly or at all.

  • Device Information. When you use the Platform, we may collect certain information automatically from your devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens. 

  • Interactions. To help us understand how you use the Platform and to help us improve it, we automatically receive information about your interactions with the Platform, such as the pages or other content you view, items you purchase, other purchase history, your actions within the Platform, and the dates and times of your visits.

  • Analytics. We may also use analytic tools, including Google Analytics, to collect information regarding your behavior and your demographics. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Platform by going to tools.google.com/dlpage/gaoptout. 

  • All of this tech stuff helps us serve you better. Yes, it’s a little creepy. No, we’re not creeps with it.

  • Cookies and Similar Technology. Again, these are not the pecan sandies we talked about. The Platform may collect information automatically using electronic tools. For example, we may automatically collect non-personally identifiable information and data using “cookies.” Cookies are small text files a website uses to recognize repeat users, facilitate the user’s ongoing access to the Platform, and facilitate the use of the Platform. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether to accept them and how to remove them. Truly though, cookies make your life easier, so you don’t have to enter every bit of information every. single. time. It’s like the internet just remembers you and appreciates you for exactly who you are. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that many features of the Platform will not function or may be slower if you refuse cookies. Life is short, always eat the cookie. You may occasionally get cookies from our advertisers or other third parties with links on the Platform. We do not control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry. Tracking technologies may record information such as Internet domain and host names; IP addresses; browser software and operating system types; clickstream patterns; and dates and times that the Platform is accessed. We may also use web beacons, clear gifs, or other similar technologies (collectively “pixel tags”). A pixel tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible and may be associated with cookies on the visitors’ storage drives. We may use pixel tags to track your use of the Platform for advertising, marketing, or promotional purposes, and to determine whether you opened an email message from us. This information also enables us to customize the services we offer. 

The Platform does not currently support Do Not Track, which is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites.

  1. Information We Collect From Third Parties (Not to be confused with “third wheel” meaning when you end up skiing awkwardly with a couple all day)

We may also collect information from third parties or business partners. Types of information we may collect from third parties include:

  • Social Media Information. We may allow you to share our products and services on Facebook, Instagram, Pinterest, or other social media sites. If you decide to share one our products or services, we will get basic information from your social media profile like your name, gender, profile photo, and Facebook friends. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy which you can find here: https://www.facebook.com/policy.php. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. You may also tag us in your social media posts, and if you tag us we may receive basic information from your profile listed above.

  • Third Party Information. We may receive additional information about you, such as demographic data, or fraud detection information, from third parties and combine it with other information that we have about you.

  1. HOW WE USE THE INFORMATION WE COLLECT

We use all the information we collect from you to:

  • provide, improve, expand, and promote the Platform and our Stores;

  • help us provide you services you request;

  • process orders, service your account, and respond to your inquiries;

  • contact you with offers, coupons, and promotions that we think are relevant to you;

  • analyze how users use the Platform;

  • send you messages and push notifications regarding services you request;

  • personalize your experience with us;

  • facilitate the delivery of content or advertisements that we feel may be relevant to you;

  • provide you with customer support;

  • find and prevent fraud; and

  • respond to trust and safety issues that may arise.

  • generally make your life easier

  1. DISCLOSURE OF YOUR INFORMATION

The following are the various ways your information may be shared:

  • Sharing Between Our Affiliates. We may share your information to our subsidiaries and affiliates listed above.

  • Sharing With Your Consent. We may share your information whenever you consent to such sharing. 

  • Sharing For Promotions. We partner with various businesses to promote and provide special offers, promotions, and discounts (“Promotions”). We will share your information with our partners that are helping us provide such Promotions. We will share only that information necessary to provide you with Promotions, such as your email address, general geographic location, and name. As such, you may receive marketing emails from our business partners. 

  • Sharing Due To Integration. If you connect to the Platform through an integration with a third party service, we may share information about your use of the Platform with that third party.

  • Sharing With Service Providers. We may sometimes use other businesses to perform certain services for us, such as hosting or maintaining the Platform, storing your information, processing payments, processing subscriptions, or providing marketing assistance and data analysis. We may provide Personal Data to service providers when that information is necessary for them to complete a requested transaction or otherwise perform their duties. We will take reasonable steps to ensure that these service providers are notified of their obligations to reasonably protect Personal Data on our behalf. Notwithstanding the above, we cannot guarantee that such service providers will adhere to the contractual obligations or acceptable business practices.

  • Sharing With Advertising Partners. Advertisements that appear on the Platform are supplied by our advertising partners. Information about your use of the Platform and information you supply to the Platform will be used to serve you ads. We share usage information with our advertising partners for this purpose. Our advertising partners who place ads on the Platform may also use cookies, pixel tags, and other means to collect non-personally-identifiable information.

  • Sharing With Third Party Websites. The Platform may allow you to connect with other websites, products, or services that we don’t have control over. If you use these services, we will provide the third party with information about you to allow them to provide the service to you. We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

  • Sharing With Your Mom. Just kidding. We would never.

  • Complying With the Law. If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process, including, with law enforcement officials, government authorities, or third parties; if we think doing so is necessary to protect the rights, property, or safety of the Oneup Sportz  community, Oneup Sportz , or the public, including to enforce or apply our agreements with you or another user, such as for billing and collection purposes. We may also share your information to comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures. We will do our best to contact you with notice of any required disclosures so that you can intervene at your sole cost and expense. 

  • Other Ways We Share Your Information. We may share your information with our insurance partners to help determine and provide relevant coverage in the event of an incident. We may share your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Platform is among the assets transferred.

Oneup Sportz  will not sell, share, or rent your Personal Data, except as discussed above, as set out in this policy, as is explained to you at or before the time you provide Personal Data, or as required by law.

When Oneup Sportz  shares your Personal Data with third parties we take reasonable steps to ensure that these third parties are notified of their obligations to reasonably protect Personal Data on our behalf. However, we cannot guarantee that such third parties will adhere to the contractual obligations or acceptable business practices. 

  1. YOUR CHOICES REGARDING YOUR PERSONAL DATA

    1. Email Subscriptions

If you no longer want to receive email communications from us, you may unsubscribe by clicking the “Unsubscribe” link in our email. Should you continue to receive email communications from us after unsubscribing please contact us at rent@oneupsportz.comand provide us the email address and Platform information from which you wish to unsubscribe. Opting out of receiving emails may impact your use of the Platform. We may continue to send you transactional related emails for any transactions which you initiate. 

If you receive promotional emails from third parties, you will need to separately opt-out with such third party. 

  1. Push Notifications

You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Platform.

  1. User Account

If you create a User Account to use the Platform, you may be asked to choose a password for your account, in which case your User Account information shall be protected by your password. You should not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or User Account. You can access and update information in your account profile at any time by logging into the Platform with your login name and password. Once you have logged in, you can update certain information such as your name, addresses, shopping preferences, photo, email, password, and security preferences.

  1. Location Information

You can prevent your device from sharing location information at any time through your device’s operating system settings.

  1. Terminating Your User Account

If would like to terminate your User Account, please contact us via rent@oneupsportz.comwith your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Use, or take other actions as required or permitted by law. If you read this paragraph in the voice of “The Terminator” then you did it right. Hasta la vista, baby.

  1. CALIFORNIA CONSUMER PROTECTION ACT 

This section of the Privacy Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”). 

In accordance with the CCPA, this Privacy Policy discloses:

  • what categories of Personal Data and the specific pieces of Personal Data we collect;

  • how that Personal Data is collected and how we use it;

  • the categories of Personal Data that are sold or shared with third parties;

  • the categories or types of third parties with whom Personal Data with whom we share Personal Data.

As a California resident you can request a list of the Personal Data we collected from you, a list of the Personal Data we have shared with third parties, and a list of the names of third parties with whom we have shared your Personal Data. You may make such a request twice per year at no charge to you. 

You may also request that we do not sell or disclose your Personal Data to third parties. However, to provide you with most services we need to share certain aspects of your Personal Data with our third party service providers. Accordingly, such request may affect how you use and access the services we provide. 

You may also request that we, and any third parties with whom we have shared your Personal Data, delete all your Personal Data. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any transaction that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA. 

To make any of the foregoing requests, email us at rent@oneupsportz.comwith the subject line “California Consumer Protection Act,” or call (888) 413-6966 between 9:00 a.m. and 5:00 p.m. MT, Monday through Friday.

  1. CHILDREN’S PRIVACY

We understand and share your concerns regarding your children’s access to Internet and the Internet’s access to your children. The Platform is not directed to children. Consistent with the Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly request or accept Personal Data submitted to the Platform by any visitor under 13 years of age.

  1. INFORMATION SECURITY

The nature of our business means that the Personal Data collected through our Platform and Services will be transferred to the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country. Also, our personnel and the third-parties to whom we disclose Personal Data are located in the United States. We have not adopted policies that comply specifically with the EU General Data Protection Regulation (GDPR). 

We employ customary industry practices to protect any personal information you have provided through the Platform. However, no method of transmitting or storing electronic data is completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed or used by, or released to, unauthorized third parties or in a manner that is inconsistent with this policy.

  1. CLASS ACTION WAIVER AND BINDING ARBITRATION

ANY ARBITRATION, ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY POLICY SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU SHALL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITER OR JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITH YOU WITHOUT THE WRITTEN CONSENT OF ONEUP SPORTZ .

ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING UNDER OR RELATED TO THIS PRIVACY POLICY SHALL BE RESOLVED FIRST BY MEANS OF DIRECT DISCUSSIONS BETWEEN YOU AND ONEUP SPORTZ . IF NOT RESOLVED PURSUANT TO SUCH DISCUSSIONS, THE CLAIM, DISPUTE, OR CONTROVERSY SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITER SHALL BE FOLLOWED, EXCEPT THAT THE ARBITER SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PRIVACY POLICY WILL BE CONDUCTED IN DENVER, COLORADO.

  1. Miscellaneous

We reserve the right, at our sole discretion, to alter this Privacy Policy at any time without prior notice to any user, including to comply with privacy laws, regulations, and/or our own or industry standards, business practices, or otherwise. We encourage you to review this Privacy Policy each time you access or use the Platform or our services. Your use of the Platform or our services at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and any change made to this Privacy Policy.

EXCEPT AS OTHERWISE PROVIDED BY LAW, (1) IN NO EVENT WILL ONEUP SPORTZ  OR ITS AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY ACCIDENTAL OR INADVERTENT DISCLOSURE OF PERSONAL DATA, (2) ONEUP SPORTZ ’S TOTAL LIABILITY FOR A VIOLATION OF THIS PRIVACY POLICY SHALL NOT EXCEED THE DIRECT DAMAGES PROXIMATELY CAUSED BY THE VIOLATION NOT TO EXCEED $250.00, AND (3) IN NO EVENT WILL ONEUP SPORTZ  BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. 

THAT’S THE LAST OF THE CAPITAL LETTERS. 

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law. 

If any provision of this Privacy Policy is held invalid or unenforceable, the provision is intended to be enforceable to the maximum extent permitted under law and therefore the court or arbiter is requested to reform the invalid or unenforceable provision to render it enforceable to the maximum extent permitted. If the court or arbiter refuses to modify or reform the provision, then the provision shall be severed from this Privacy Policy with no effect upon the remaining provisions of this Privacy Policy.

No waiver of any provision of this Privacy Policy by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision. 

We do not make any representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

If you have any questions or comments about this Privacy Policy or our privacy practices, or to report any violations of this Privacy Policy or abuse of the Platform or the Services, please contact us by mail or email at the following:

Attn: Privacy Concerns

Address: 

Oneup Sportz  LLC

Breckenridge, Colorado 80424

E-mail: rent@oneupsportz.comNow, please go enjoy the snow knowing that your information is in good hands.

OUR TERMS & CONDITIONS

 

These Terms and Conditions (defined below) govern your use of our website (the “Platform”), our various products (“Products”), and related services (“Services”) made available to you by Oneup, Inc.. and our affiliates and subsidiaries, including, but not limited to Oneup Sportz  Ski and Snowboard, Door 2 Door Ski & Snowboard Rental Delivery, Oneup Sportz  Patio Furniture, the Alpineer, Powder Tools Board Shop, Boot doctors, Cottam’s Ski Shops, Sturtevant’s, Flatiron Sports (“Oneup Sportz ” “we,” “us” or “our”). Yes, we know this is about as thrilling as a bunny slope (“Bunny Slope”).

These Terms and Conditions and the related Privacy Policy (collectively, the “Terms and Conditions”) constitute a legally binding agreement between you and us. By accepting these Terms and Conditions, you expressly acknowledge that you understand and agree to these Terms and Conditions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM. LOUD NOISES!

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Platform, Products, or Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional Oneup Sportz  policies, addendums, and agreements. How legal are we?!

  1. OVERVIEW

The Platform is designed to offer persons (“Users”) an option to purchase a variety of Products and Services and assist Users in the submission of required forms, documents and information necessary for us to do business with you.

While access to certain portions of the Platform are free, we reserve the right to charge fees for any Products, Services, features, or benefits provided through the Platform at any time.

Your purchase of Products and Services is subject to any return policies or policies related specifically to the Products or Services you wish to purchase or have purchased. Cancellation seeking a refund that are made under 48 will receive a 50% refund off full price of rental or service cost. If a discount or special promotion price was used at the time of payment refund will be based off the full price value of the rental or service purchased. Thanks Oneup Sportz Management. (308)-760-4286 and such policies are incorporated herein by reference.

We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform, Products, or Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Platform, Products, or Services.

  1. ELIGIBILITY

The Platform is intended for Users that are at least 18 years old. If you are between 13 and 18 (“Minor”), you may use the Platform only with the supervision and consent of a parent or guardian. No individual under these age limits may provide any Personal Data to us or otherwise through the Platform.

  1. USER ACCOUNTS

In order to access certain Products or Services, you may be required to create an account with us (“User Account”).

By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, payment method, and password. Also, if IT has taught anyone, anything, be smart about your password. Shred123 is probably a bad call.

If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform, Products, or Services (or any portion thereof).

You are solely responsible for activities that occur under or through your User Account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security.

YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR USER ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.

Please refer to our Privacy Policy for how we store, access, use, and share any information you provide to us, and your rights with regard to your Personal Data.

  1. PAYMENT METHOD

All Fees will be billed to the credit card, or other payment method, with which you provide us (“Payment Method”). You authorize the Payment Method issuer to pay any Fees incurred by you, including any fees incurred through your User Account.

You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your User Account current and accurate. If your Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by provided another Payment Method. You agree to pay all costs of collection efforts, including attorney fees and costs.

Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). Oneup Sportz  may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up their account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that they have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.

  1. INTELLECTUAL PROPERTY AND CONTENT YOU PROVIDE

All intellectual property rights in the Platform, Products, or Services shall be owned by Oneup Sportz  and our licensors absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform and on our Products are the property of their respective owners.

We welcome your comments and feedback regarding the Platform, Products, and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Oneup Sportz  (collectively, “Comments”) are not confidential and will become and remain Oneup Sportz  property. The disclosure, submission or offer of any Comments will constitute an assignment to Oneup Sportz  of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation.

Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or non-commercial purpose, including to post such Comments as testimonials on our Platform. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material.

“Your Content” means content you post online on any social media platform wherein we are tagged or mentioned, including text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material related to your post.

With your consent we would like to promote and share Your Content through our Platform, email, social medial, and any other digital channel in conjunction with the promotion and marketing of our Services and Products. We want you to feel like you’re in a Warren Miller movie.

When you agree to let us share Your Content, you irrevocably grant us, and our licensed third parties, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize Your Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We are not responsible for the use or disclosure of any Personal Data that you voluntarily disclose in connection with Your Content that you license to us in connection with this section. You represent and warrant that you are at least eighteen (18) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person, including Minors where parental permission is required, featured in Your Content and the copyright and photographic rights in Your Content.

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Oneup Sportz  relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.

  1. RESTRICTED ACTIVITY

With respect to your use of the Platform, Products, and Services, you agree that you will not:

  • impersonate any person or entity;

  • violate any law, statute, rule, permit, ordinance or regulation;

  • interfere with or disrupt the Platform, Products, Services, or the servers or networks connected thereto;

  • use the Platform, Products, or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;

  • use the Platform, Products, or Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform, Products, or Services;

  • “frame” or “mirror” any part of the Platform, Products, or Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;

  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform, Products, or Services;

  • rent, lease, lend, sell, redistribute, license or sublicense the Platform, Products, or Services or access to any portion of the Platform, Products, or Services, unless otherwise agreed to in writing by us;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;

  • cause any third party to engage in the restricted activities above.

We all want to enjoy the gnar; let us all be excellent to each other

  1. THIRD PARTY WEBSITES AND LINKS

The Platform may include links that direct you to other sites that are beyond our control. We are not responsible for the accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, material contained in sites to which you link from the Platform. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Platform.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages linked through our Platform.

  1. DISCLAIMERS

The disclaimers in this Section are made on behalf of Oneup Sportz , our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

PRICING, PROMOTIONS AND AVAILABIITY MAY VARY BY LOCATION AND WEBSITE. DESCRIPTIONS, TYPOGRAPHIC, AND/OR PHOTOGRAPHIC ERRORS ARE SUBJECT TO CORRECTION AND ONEUP SPORTZ  SHALL NOT BE BOUND BY OR RESPONSIBLE FOR SUCH ERRORS. DISCOUNTS, COUPONS, OFFERS, VALID DATES, PARTICIPATING LOCATIONS, EXCLUSIONS AND/OR PRICING ARE SUBJECT TO CHANGE, ALTERATION OR TERMINATION BY ONEUP SPORTZ  AT ITS SOLE DISCRETION AT ANY TIME.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PLATFORM, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. ONEUP SPORTZ  DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ONEUP SPORTZ  DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH ONEUP SPORTZ  ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE PLATFORM. YOUR USE OF THE PLATFORM, PRODUCTS, AND SERVICES IS AT YOUR OWN RISK.

THERE IS NO BEGINNER TERRAIN BEYOND THIS POINT. EXPERIENCED SKIERS AND RIDERS ONLY.

  1. INDEMNITY

To maximum extent permitted by law, you acknowledge and agree to indemnify and hold Oneup Sportz , its affiliates, vendors, content providers, licensors, licensees, distributors, agents, representatives, and other Users of the Platform, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) any information submitted by you or through your User Account, Comments, or Your Content, (b) your participation in the Platform, Products, or Services; (c) any violation of these Terms and Conditions by you or third party using your User Account, (d) the violation, infringement or misappropriation by you, or third party using your User Account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.

  1. LIMITATION OF LIABILITY

NEITHER ONEUP SPORTZ  NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, PRODUCTS, OR SERVICES, OR ANY CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE PLATFORM OR SERVICES.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE PLATFORM, PRODUCTS, OR SERVICES AND ANY OTHER SITE, SERVICE, SOFTWARE, OR HARDWARE.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT ONEUP SPORTZ  IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS OUR TOTAL LIABILITY SHALL NOT EXCEED $100.00 USD.

  1. GENERAL PROVISIONS

The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that we may submit any claim to binding one-on-one arbitration for your claim(s) only in lieu of litigation. Such arbitration shall be conducted in Denver, Colorado, under the rules administered by the American Arbitration Association. Notwithstanding the foregoing, in no event shall any claim, action, or dispute relating to the ownership of intellectual property be submitted to arbitration. We make no representation that information, content, or materials on the Platform are appropriate or available for use in any particular location. Those who choose to access the Platform do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Oneup Sportz  to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.

These Terms and Conditions constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform, Products, and Services. If you have any questions regarding these Terms and Conditions, the Platform, Products, or Services, please contact rent@oneupsportz.com