Welcome to www.Winterstick.com and www.WinterstickSnowboards.com (the “Sites”).  The Sites are operated by Ski Fitting Science LLC d/b/a/ Wagner Custom, a Colorado limited liability company (“Wagner Custom”, “We” or “Us”).Please carefully read these Terms of Use.  By using any of the Sites, you acknowledge and agree that you have read and agree to be bound by these Terms of Use (the “Agreement”).  This Agreement is made between Wagner Custom and you or, in the case that you represent and are using this Site on behalf of a company or other entity, that company or other entity (“You”).  If you do not agree to be bound by this Agreement, please exit the Site now and refrain from using ANY Material that you MAY have DownloADED from the SITE.

1. USE OF THE SITE.  You may access and use the Sites solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You are required to agree to before being given access to the nonpublic areas of the Sites (any such additional agreements are in addition to this Agreement and will govern Your use of the Sites in the event of a conflict between the terms of this Agreement and those additional agreements). By using this Site You represent that you are at least 18 years old, or You are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Sites.  Wagner Custom reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Sites (or any portion thereof) with or without notice. 
   
   
2. REGISTRATION.  Until You apply for and are approved as a registered user (a “Registered User”) of the Sites, Your access will be limited to the public areas of the Sites.  Your approval as a Registered User is at the sole discretion of Wagner Custom.  In connection with Your application to become a Registered User, You will be asked to submit certain information about yourself (“Registration Information”).  If Your application to become a Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Sites (an “Account”).  You agree to keep Your Account information and password confidential.  You agree to notify Wagner Custom immediately of any actual or suspected unauthorized use of Your Account.  You are solely responsible for all activities that occur through Your Account.  Wagner Custom will not be responsible for any loss to You caused by Your failure to comply with these obligations.  You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.  As part of the registration process, You will be permitted to create a user ID for use in identifying Your Account (a “User ID”).  You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that Wagner Custom, in its sole discretion, deems offensive.  Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of Your Account. 
   
   
3. PURCHASES.  You may order products through the Sites.  All information that You provide in connection with a purchase or other monetary transaction with this Site will be accurate, complete and current.  You will pay all charges incurred by users of Your credit card, debit card, or other payment method used in connection with a purchase from, or any other transaction with Wagner Custom.  All products purchased from the Sites and Wagner Custom are transported and delivered to you by an independent carrier not affiliated with, or controlled by Wagner Custom.  Title to products purchased on the Sites or through Wagner Custom, as well as the risk of loss for such products, passes to you when Wagner Custom delivers these items to the carrier.  Wagner Custom guarantees every product We make.  If you are not satisfied with one of our products at the time You receive it, or if one of Our products does not perform to your satisfaction, We will repair or replace the product at Our discretion.
   
   
4.  TERM AND TERMINATION.  This Agreement will be effective on the date You first use any Site and will continue until terminated.  Wagner Custom may terminate this Agreement immediately, for any reason or no reason, with or without notice to You.  You may terminate this Agreement upon written notice to Wagner Custom, such termination effective 10 business days following acknowledgment of receipt of such notice by Wagner Custom.  Wagner Custom may also suspend Your use of the Sites and direct You to cease using the Sites with or without notice to You and with or without cause.  Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, Your Account will be closed, and You must promptly discontinue all access to any part of the Sites.  Sections 3, 4, 5, 6, 9, 10, and 14 will survive termination or expiration of this Agreement for any reason.   
   
   
5. CONTENT.  The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on or offered through the Sites and any other contents of the Sites (such Content, collectively, “Site Content”) including, without limitation, the ski profile questionnaire are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted on the Sites, as between You and Wagner Custom, its partners, affiliates, and licensors (“Affiliates”), all Site Content is owned by Wagner Custom and its Affiliates. If You would like to use the Site Content in a manner other than as displayed on the Sites, please send Your request to the Wagner Custom Webmaster by clicking here or by emailing Wagner Custom at info@wagnerskis.com. 
   
   
6. MARKS. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on the Sites (collectively, the "Marks") are the property of Wagner Custom and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Wagner Custom.
   
   
7. POSTINGS AND UPLOADS. The Sites may include questionnaires, surveys, forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Sites (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocate illegal activity; (4) an advertisement or solicitation of funds, goods, or services. You hereby represent and warrant to Wagner Custom and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Sites, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Wagner Custom the rights discussed in this Section 6. You will indemnify, defend, and hold harmless Wagner Custom and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in Section 6. By providing or uploading any Provided Content to the Sites, You grant Wagner Custom a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, You waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Wagner Custom the right to use Your name in connection with the reproduction or distribution of such material.
   
   
8. CLAIMS OF INFRINGEMENT. Just as Wagner Custom requires users of the Sites to respect the copyrights and other intellectual property rights of Wagner Custom, its Affiliates, and other third parties, Wagner Custom respects the copyrights and other intellectual property rights of users of the Sites and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on one of the Sites without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
   
   Wagner Custom
   Attn: Copyright Infringement Agent
   PO Box 3771
   Telluride, CO 81435
   
   Please provide the following information to Wagner Custom’s Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and E mail address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.
   
   
9. Representations And Warranties.  You hereby represent, warrant, and covenant for the benefit of Wagner Custom and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) all information You provide to Wagner Custom in connection with this Agreement and Your access to the Sites and use of the Services is correct and current. 
   
   
10. Disclaimer AND Limitation Of Liability. 
    
    
1. Disclaimer.  THE SITES ARE PROVIDED BY WAGNER CUSTOM "AS IS" and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER.  EQUIPMENT OBTAINED OR ORDERED FROM, OR DESIGNED OR MANUFACTURED BY, WAGNER CUSTOM (THE “EQUIPMENT”) IS PROVIDED BY WAGNER CUSTOM "AS IS" and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER, EXCEPT FOR ANY WRITTEN, EXPRESS WARRANTY MADE BY WAGNER CUSTOM AND INCLUDED WITH THE EQUIPMENT WHEN SHIPPED.  NEITHER WAGNER CUSTOM NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISTRIBUTED WITH THE EQUIPMENT OR DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITES.  YOU AGREE THAT YOUR ACCESS TO THE SITES OR USE OF THE EQUIPMENT IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITES OR USE OF THE EQUIPMENT.  EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT AND EXCEPT AS SET FORTH IN THIS SECTION 10.1, WAGNER CUSTOM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITES AND THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITES AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND WAGNER CUSTOM’S CONTROL MAY OCCUR FROM TIME TO TIME.
   
   
2. Limitation.  IN NO EVENT WILL WAGNER CUSTOM BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH ANY PRODUCT ORDERED OR OBTAINED FROM THE SITES OR WAGNER CUSTOM DIRECTLY, ANY PRODUCT DESIGNED OR MANUFACTURED BY WAGNER CUSTOM, YOUR ACCESS TO THE SITES, OR YOUR USE OF THE SERVICES, EVEN IF WAGNER CUSTOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  WAGNER CUSTOM’s TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $250. 
   
   
11. ASSUMPTION OF RISK AND RELEASE.  YOU UNDERSTAND THAT SKIING, SNOWBOARDING AND OTHER SIMILAR ACTIVITIES (“WINTER ACTIVITIES”) ARE HAZARDOUS AND INVOLVE RISK OF INJURY, INCLUDING THE POTENTIAL FOR PERMANENT PARALYSIS AND DEATH.  YOU FURTHER UNDERSTAND THAT INJURIES IN SUCH WINTER ACTIVITIES ARE A COMMON AND ORDINARY OCCURRENCE.  YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE PROPER OPERATION OF THE EQUIPMENT.  YOU UNDERSTAND THAT THE EQUIPMENT CANNOT PREVENT INJURY AT ALL TIME OR UNDER ALL CIRCUMSTANCES, THAT IT IS NOT POSSIBLE TO PREDICT EVERY SITUATION IT WHICH IT WILL NOT WORK, AND THAT ITS USE CANNOT GUARANTEE YOUR SAFETY OR FREEDOM FROM INJURY WHEN YOU PARTICIPATE IN WINTER ACTIVITIES.  YOU KNOWINGLY AND FREELY ACCEPT AND ASSUME ALL SUCH RISKS ASSOCIATED WITH WINTER ACTIVITIES, EVEN IF ARISING FROM THE NEGLIGENCE OF WAGNER CUSTOM.  YOU FULLY AND FOREVER RELEASE AND DISCHARGE WAGNER CUSTOM AND IT’S OWNERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL INJURIES, LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS), AND ANY OTHER LIABILITY OF ANY KIND OF OR TO YOU OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH SELECTION, INSTALLATION, MAINTENANCE, ADJUSTMENT AND USE OF EQUIPMENT.
    
    
12. Indemnification.  You hereby indemnify, defend, and hold harmless Wagner Custom and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing the Sites or Your breach of any term of this Agreement.  You further indemnify, defend and hold harmless the Indemnified Parties with respect to any and all injury disability, death, loss or damage arising out of or in connection with selection, installation, maintenance, adjustment and use of the Equipment, whether arising from the negligence of the Indemnified Parties or otherwise, to the fullest extent permitted by law.  Wagner Custom will provide You with notice of any such claim or allegation, and Wagner Custom will have the right to participate in the defense of any such claim at its expense. 
    
    
13. PRIVACY POLICY. Click here [link to privacy policy] or direct Your web browser to http://www.__________________ [URL of privacy policy] to view a copy of Wagner Custom’s privacy policy (the “Privacy Policy”) which is incorporated in this Agreement by reference. By accepting this Agreement, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.
    
    
14. Linked Sites.  The Sites may contain links to third-party sites that are not under the control of Wagner Custom, and Wagner Custom is not responsible for any content on any linked site.  If You access a third-party site from the Sites, then You do so at Your own risk.  Wagner Custom provides links only as a convenience, and the inclusion of the link does not imply that Wagner Custom endorses or accepts any responsibility for the content on those third-party sites.  Wagner Custom welcomes links to the Sites.  You may establish a link to a Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Wagner Custom or any group or individual affiliated with Wagner Custom.  You may not use on Your site any Content or Marks appearing on the Sites in establishing the link.  You may not frame or otherwise incorporate into another site the Content or other materials on the Sites without prior written consent. 
    
    
15. Notices.  Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to Wagner Custom by postal mail to the address for Wagner Custom listed on the Sites.  If applicable law requires that Wagner Custom accept E-mail notices (but not otherwise), then You may send Wagner Custom an E-mail notice by clicking here or by emailing Wagner Custom at info@wagnerskis.com.  With respect to Wagner Custom 's notices to You, Wagner Custom may provide notice of amendments by posting them on the Sites and You agree to check for changes.  In addition, or in lieu thereof, Wagner Custom may give notice by sending E-mail to the E-mail address You provide during registration for the Sites.  Notice shall be deemed given 24 hours after it is posted or an E-mail is sent, unless (as to E-mail) the sending party is notified that the E-mail address is invalid. 
    
    
16. General Terms. 
    
    
1. Third-Party Beneficiaries.  Wagner Custom’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights. 
2. Nonassignment.  You may not assign or transfer any of Your rights hereunder, and any attempt to do so will be null and void. 
3. Integration.  This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement.  This Agreement may not be modified except upon mutual written agreement of both parties.  The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. 
4. Severability.  If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
5. Jurisdiction and Venue.  This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles.  The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.  You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, Colo.  In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party. 
6. Modifications.  Wagner Custom reserves the right, at any time and without notice, to add to, change, update, or modify the site and these Terms of Use, simply by posting such addition, change, update, or modification on this site.  Any such addition, change, update, or modification will be effective immediately upon posting on the Sites.