OVERVIEW
This Website is operated by Powster. Throughout the site, the terms “we”, “us” and “our” refer to Powster. Powster offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you use the Site to violate any laws in your jurisdiction.
SECTION 2 - INTELLECTUAL PROPERTY
All content published on this Site, including text, graphics, logos, images, and software, is the property of Powster and is protected by international copyright and trademark laws. The Powster name and logo are our trademarks. You may not use our trademarks without our express prior written permission.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary sources of information.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time.
SECTION 6 - PRODUCTS OR SERVICES
Certain products may be available exclusively online through the Site. These products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
IMPORTANT SAFETY NOTICE FOR SKI GOGGLES:
Skiing and snowboarding are inherently dangerous activities. Our goggles are designed to enhance visibility and provide protection from elements and certain impacts but cannot guarantee complete safety. It is your responsibility to:
l Choose the correct lens tint for the prevailing light conditions. Using a lens with insufficient Visible Light Transmission (VLT) for low-light conditions can severely impair vision and lead to accidents.
l Inspect your goggles before use for any scratches, damage, or issues with the strap that may affect performance.
l Understand that no goggles can protect against all possible impacts.
l You assume all risk associated with the use of our products in athletic activities.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that such tools are provided "as is" and "as available" without any warranties from us.
SECTION 9 - THIRD-PARTY LINKS
Certain content and services available via our Site may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We are not liable for any harm or damages related to the use of third-party content.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, or other materials (collectively, "comments"), you agree that we may use them without restriction and without compensation to you. We are under no obligation to maintain comments in confidence or to pay compensation for them.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy. to understand our practices.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You are prohibited from using the Site to:
l Violate any laws.
l Infringe upon our intellectual property rights.
l Harass, abuse, or harm others.
l Transmit viruses or malicious code.
l Interfere with the Site's security features.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Site will be uninterrupted or error-free. We provide the Site and our products on an "as is" and "as available" basis without any warranty of any kind.
To the fullest extent permitted by law, Powster shall not be liable for any injury, loss, claim, or any direct, indirect, or consequential damages of any kind arising from your use of the Site or any products purchased therefrom.
SECTION 15 - INDEMNIFICATION
You agree to indemnify and hold harmless Powster from any claim or demand, including reasonable attorneys' fees, made by any third-party due to your breach of these Terms or your violation of any law.
SECTION 16 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.
SECTION 17 - TERMINATION
The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement. We may terminate these Terms at any time without notice if you fail to comply with any provision.
SECTION 18 - ENTIRE AGREEMENT
These Terms and any policies posted by us on the Site constitute the entire agreement between you and us and govern your use of the Service.
SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Changes will be posted on this page. Your continued use of the Site after any change means you accept those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@powsterstudios.com.