Terms of Use

I. TRADEMARKS
Sunskate.com(sm), sunriserollerland.com(sm) are service marks of Sunrise Recreation Corporation or its affiliates. All rights reserved. These and other sunskate.com graphics, logos and service marks and trademarks of Sunskate.com and its affiliates may not be used without prior written consent of sunskate.com or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on sunskate.com are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of sunskate.com is at User's sole risk. Neither sunskate.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that sunskate.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of sunskate.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through sunskate.com.

THIS SITE IS PROVIDED BY SUNSKATE.COM  "AS IS" AND "AS AVAILABLE" BASIS. SUNSKATE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUNSKATE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNSKATE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SUNSKATE.COM OR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall sunskate.com or any other party involved in creating, producing, or distributing sunskate.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use sunskate.com, including but not limited to reliance by a User on any information obtained from sunskate.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to sunskate.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through sunskate.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT

a. PROPRIETARY RIGHTS
User acknowledges that sunskate.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

c. THIRD-PARTY CONTENT
Sunskate.com is a distributor and Content is supplied by third parties and Users. Sunskate.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of sunskate.com, are those of the respective authors or distributors and not of sunskate.com or its affiliates or any of their officers, directors, employees, or agents. Neither sunskate.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of sunskate.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through sunskate.com represents the opinions and judgments of the respective Provider, or User not under contract with sunskate.com. sunskate.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on sunskate.com by anyone other than authorized sunskate.com employees. Under no circumstances shall sunskate.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through sunskate.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through sunskate.com.

IV. ONLINE CONDUCT
User agrees to use sunskate.com only for lawful purposes. User is prohibited from posting on or transmitting through sunskate.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If sunskate.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), sunskate.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from sunskate.com. Sunskate.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate sunskate.com; or (iii) to protect the rights or property of sunskate.com, its Users or Providers.

sunskate.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, sunskate.com, the communities that make up sunskate.com, or any rights of sunskate.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither sunskate.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither sunskate.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on sunskate.com.

VI. TERMINATION OF USAGE
Sunskate.com may terminate User's access, or suspend any User's access to all or part of sunskate.com, without notice, for any conduct that sunskate.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or sunskate.com.

VII. USAGE BY CHILDREN UNDER 13
Sunskate.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which products are appropriate for such children to purchase. We encourage parents to order products for children under the age of 18 years of age. Orders may be only made on YOUR credit card shipped to YOUR address.

Sunskate.com requires that all purchases be made by individuals 13 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT SUNSKATE.COM, YOU ARE REPRESENTING TO SUNSKATE.COM THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.

VIII. APPLICABLE LAW
This site is created and controlled by sunskate.com in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. sunskate.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through sunskate.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use 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. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and sunskate.com regarding your relationship with sunskate.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the sunskate.com web site. The aforementioned Terms of Use are subject to change.

These terms and conditions control the sale of products by Sunskate.com, Inc. ("Sunskate.com"). By submitting your online order to Sunskate.com, you, agree to be bound by and accept these terms and conditions of sale. These terms and conditions may be changed without notice at any time before Sunskate.com accepts your order, at Sunskate.com's sole discretion.

1. Payment Terms. Payment is due at time of shipment and shall be by credit card. When an order is placed by credit card, the credit card account will be verified at the time the order is placed, and the order will be declined if the credit card is declined. Charges are debited against credit cards at the time an order is shipped. No C.O.D. orders are accepted. Orders are processed upon receipt.

2. Shipping and Handling Charges and Taxes. You are responsible for paying all shipping and handling charges and taxes associated with the order.

3. Prices. Prices shown on the Sunskate.com site exclude shipping and handling and taxes unless otherwise noted. All prices are in U.S. dollars. The price charged for an order will be the price in effect at the time the order is made, unless the price drops before shipment and you notify Sunskate.com of the lower price before the order is shipped, in which case, and in that case only, the price charged will be the lower price.

4. Disclaimer of Warranty. THE LIMITED MANUFACTURER WARRANTIES APPLICABLE ARE INCLUDED WITH THE PRODUCTS WHEN THEY ARE SHIPPED TO YOU. IF A WARRANTY IS APPLICABLE TO ANY OTHER PRODUCT SOLD ON THIS SITE, SUCH WARRANTY IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY SUNSKATE.COM. APART FROM THE MANUFACTURER'S WARRANTY, IF ANY, THE PRODUCTS SOLD FROM THIS WEB SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

5. Limitation of Liability. SUNSKATE.COM'S AND ITS AFFILIATES' MAXIMUM LIABILITY TO YOU FOR PRODUCTS PURCHASED FROM THIS WEB SITE SHALL BE LIMITED TO THE PURCHASE PRICE YOU HAVE PAID FOR THE PRODUCTS. SUNSKATE.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

6. Return Policy. Sunskate.com will allow the return of certain products for credit for any reason under certain terms and conditions, subject to a restocking fee. To obtain a credit for a return item, you must obtain a return authorization number and the return item must be accompanied by a return authorization number and received at the Sunskate.com warehouse within fourteen (14) days of Sunskate.com's shipment of the item to you. YOU MUST PAY SHIPPING FOR RETURNED ITEMS. A restocking fee of 15%  will be subtracted from credit for returned items. Certain items, if MOUNTED*, are not covered by this return policy. Items not covered include MOUNTED SKATES and used products subject to the manufacturers' return and warranty coverage. THIS RETURN POLICY IS NOT A WARRANTY. SUNSKATE.COM MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ORDER. Any skate used is not returnable.

*MOUNTED Refers to any boot attached to a plate or frame by screws or bolts. Some lower end packages are factory mounted and if unused are returnable within the allotted time period. Please email us if you have question about our return policy before you order at webmaster@sunskate.com.

If you are expecting a refund, please follow the return process, exactly. Please allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. Once your return is accepted, we will process your credit within 7 days.

7. Interpretation. These terms and conditions shall be interpreted under and governed by the laws of the State of California, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.

8. No Modification. These terms and conditions may not be modified, altered or amended without the written agreement of Sunskate.com. Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Sunskate.com.

9. Severability. The Terms and Conditions stated herein are declared to be severable. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

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