PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to
and use of this site are subject to the following terms and conditions
and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Korky's
Outpost LLC, dba DiscountSnowmobiler (DiscountSnowmobiler). The collective work
includes works that are licensed to DiscountSnowmobiler. Copyright 2003,
DiscountSnowmobiler ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with DiscountSnowmobiler or purchasing
DiscountSnowmobiler products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of
the site solely for your own non-commercial use, or to place an order
with DiscountSnowmobiler or to purchase DiscountSnowmobiler products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by DiscountSnowmobiler. You further agree not to change or delete
any proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of DiscountSnowmobiler used in the
site are trademarks or registered trademarks of DiscountSnowmobiler
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, DiscountSnowmobiler
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. DiscountSnowmobiler does not represent or
warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. DiscountSnowmobiler does not make any warrantees or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
DiscountSnowmobiler
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if DiscountSnowmobiler has been
advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a DiscountSnowmobiler product is mistakenly listed at an
incorrect price, DiscountSnowmobiler reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price.
DiscountSnowmobiler reserves the right to refuse or cancel any such orders
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 cancelled, DiscountSnowmobiler shall issue a credit to your
credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by DiscountSnowmobiler
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
DiscountSnowmobiler
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
DiscountSnowmobiler.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of Minnesota, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of DiscountSnowmobiler
products) shall be in the state or federal courts located in
Minneapolis, Minnesota. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of
DiscountSnowmobiler products) must be commenced within one (1) year after the
claim or cause of action arises. DiscountSnowmobiler's failure to insist upon
or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. DiscountSnowmobiler may
assign its rights and duties under this Agreement to any party at any
time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a DiscountSnowmobiler or other licensed employee, host,
or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
DiscountSnowmobiler)
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, DiscountSnowmobiler is merely
acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on
the site. However, DiscountSnowmobiler reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to
DiscountSnowmobiler in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless DiscountSnowmobiler, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Order Fulfillment and Shipping
Due
to extensive credit card fraud and the associated costs, DiscountSnowmobiler
will not fulfill orders which are to be shipped to a different address
except for the following: 1) If it is apparent that the customer is
using a pick up address near an international border to save on duties
or customs fees; 2) If the order involves a large freight item such as a
boat dock; or 3) If the customer submits a photocopy of the credit card
used and a drivers license with matching address and signatures. DiscountSnowmobiler reserves
the right to cancel suspicious orders or to demand alternate payment by
means of PayPal, personal check or money order, or by electronic funds
transfer (EFT). Orders using credit cards not affiliated with a US bank
or where the issuing international bank does not have an alliance
agreement with a US bank will not be accepted. DiscountSnowmobiler
reserves the right to use alternate methods of shipping at its sole
discretion. Orders are deemed delivered and received by customer if
delivery service (UPS, SpeeDee or USPS) provides delivery confirmation
to DiscountSnowmobiler with or without signature. DiscountSnowmobiler reserves
the right to request additional funds for shipping costs if the
indicated shipping rate is insufficient to cover the cost of shipping
the order. This often happens for large items or heavy freight items due
to fuel surcharges, lift gate requirements, rural destinations,
dimensional weight and other reasons.
Third-Party Links
In
an attempt to provide increased value to our visitors, DiscountSnowmobiler
may link to sites operated by third parties. However, even if the third
party is affiliated with DiscountSnowmobiler, DiscountSnowmobiler has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of DiscountSnowmobiler. These linked sites
are only for your convenience and therefore you access them at your own
risk. Nonetheless, DiscountSnowmobiler seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
Return Policy
We
accept returns up to 30 days after date of purchase, except for trade
show sales. Generally, we do not accept returns for items purchased at
trade shows. We reserve the right to refuse acceptance of items which
are not in new condition suitable for resale. For special order items,
boat docks and other large purchases requiring assembly, a restocking
fee of 15% will be charged for returns. For store sales (Korky's Outpost
LLC physical store ONLY), simply bring in your item with receipt within
30 days and we will give you a refund, issue a credit to your credit
card or provide credit towards another purchase. For internet or
telephone purchases, call us or email us for an RMA number before
sending your merchandise back. We will not accept any shipped return
items without an RMA number written on the outside of the carton.
Shipping of the returned item is the responsibility of the customer. We
pay shipping of any replacement item sent back to the customer. This
does not apply to heavy or very large items shipped by truck or common
carrier. After 30 days from the date of purchase, we will only allow
exchanges due to size, color, fit, etc, provided that the requested item
is in stock. We do not pay for return shipping for the replacement item
if the exchange request is after 30 days from the date of the original
purchase. Again, call us for an RMA number before sending any products
back to us. Follow the same procedures as above for shipping a return
item. For defective merchandise, warranty claims or other problems with
product purchased from us, please call. We may have replacement parts or
specific warranty procedures to follow depending on the manufacturer's
policies. Please contact customer service for other questions on
returning an item. Contact information is on the "Contact Us" link.
Thank you.