ONLINE SITE POLICIES
Welcome to The Program Corporation. The Program Corporation, its parent corporation, and its wholly-owned subsidiaries, including Forum Snowboards, Foursquare, and Special Blend clothing (collectively "TPC") provide their services to you subject to the following conditions. Please read the following terms and conditions carefully before using our site. If you do not agree to these terms and conditions, please do not use our site.
When you visit TPC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TPC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TPC and protected by U.S. and international copyright laws. All software used on this site is the property of TPC or its software suppliers and protected by United States and international copyright laws. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TPC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TPC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing TPC's name or trademarks without the express written consent of TPC.
Forum, Foursquare, and Special Blend and other marks indicated on our site are registered trademarks of The Program Corporation in the United States and other countries. TPC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Program Corporation. TPC's trademarks and trade dress may not be used in connection with any product or service that is not TPC's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TPC. All other trademarks not owned by TPC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TPC.
You agree to indemnify, defend, and hold harmless TPC, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from violation of these Terms & Conditions.
Third Party Links
TPC may link to third-party sites. TPC has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
Risk of Loss
All items purchased from TPC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
TPC attempts to be as accurate as possible. However, TPC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TPC itself is not as described, your sole remedy is to return it in a new, unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE IS PROVIDED BY TPC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TPC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TPC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TPC 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.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting TPC, you agree that the laws of the state of Vermont, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and TPC.
Any dispute relating in any way to your visit to TPC or to products you purchase through TPC shall be submitted to confidential arbitration in Burlington, Vermont, except that, to the extent you have in any manner violated or threatened to violate TPC's intellectual property rights, TPC may seek injunctive or other appropriate relief in any state or federal court in the state of Vermont, and you consent to exclusive
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you and communicating with you. We also ask for your e-mail address, which we may use from time to time to contact you regarding information you have requested.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses theprogram.com (See "What Happens to the Information We Collect". The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Unsubscribing Your Info: If you do not want to receive e-mail or other mail from us, please contact customer service at firstname.lastname@example.org or by calling 1-877-327-4484 to be removed from TPC's contact list.
What Happens to the Information We Collect?
Any information you give us stays strictly in-house at TPC, we don't sell or share the info with outside sources. We maintain strict security over the information you give us and use this information only for the purposes listed below:
To send you information you have requested from TPC and to update you on the status of your information request.
Occasionally, we may send you free promotional materials. We may use the information to monitor guest traffic patterns and site usage to help us develop and design the layout of our websites. If you've provided information as part of the registration to Community, we use the information to contact you with information about snowboarding that you may find interesting, as well as special offers.
We maintain the personally identifying information in-house at TPC, except when you request a Catalog out of season. In that instance, we have an outside source we hire to send out notification to everyone that the requested Catalog(s) is on its way, and when to expect it. This outside mailing source does not maintain the contact information after notification is sent.
We disclose personal information when we believe release is necessary to comply with the law, enforce or apply our Terms & Conditions or protect the rights, property, or safety of TPC, our users, or others.
Is Our Site Secure?
We promise to protect your personal information. Any page at theprogram.com that asks you for personal information (name, address, credit cart) is a secure page. These pages employ state-of-the-art SSL (Secure Sockets Layer) encryption to protect your personal information from unauthorized use. Most browsers will show a lock icon in the bottom status bar on secure pages. Look for this icon on any web page that asks for your personal information.
Children under the Age of 13, Read This: The Program Corp. ("TPC") is committed to protecting the online privacy of children. In accordance with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.
OUTSIDE IDEA SUBMISSION POLICY
We at The Program Corporation ("TPC") are pleased to hear from our loyal fans and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow Forum to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, through participation in certain activities, you send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.