AJ’s Ski & Sports Terms and Conditions

Welcome to AJsSportinggoods.com ("Site"). AJ’s is pleased to serve you under these AJ’s Ski & Sports Terms and Conditions, as amended from time to time ("Terms"). YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS. "You" means an individual who is an AJ’s customer or who is merely using or browsing our Site. These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase from us. You should feel free to ignore Part Two if you are only "window-shopping".

Part One – TERMS FOR ALL SITE USERS
1. Who We Are. We are AJ’s Ski & Sports. ("AJ’s", "we," "us," "our") and our store is at 350 Mountain Road, Stowe, VT ; our telephone number (customer service) is 1-800-226-6257. We do not charge you for merely using our Site.

2. Site Features, Functionality and Availability; Termination. You may use the Site when and as available. Although we generally intend the Site to be available 24/7, it will not always be available (e.g., during maintenance, changes, outages and for other reasons we determine). We reserve the right to change or eliminate, and restrict or block access to all or any part of the Site from time to time without notice.

3. Privacy Policy. Our privacy policy contains our practices regarding personally identifying information about you. You should review the Privacy Policy because it describes the information that we collect, how we collect it and what we do with that information.

4. Products and Pricing. Many products displayed on our Site are also available in AJ’s retail store while supplies last, but you should not assume that what you see on the Site can always be seen in our store. Also, prices displayed on the Site might be different than in the store or from store advertised prices.

5. Attribution of Electronic Acts to You; Passwords. Several Site activities require passwords (e.g., if you “register” as a shopper). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.

6. Our Accuracy Caution; Your Responsibility to Get the Information You Need. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to descriptions of, products and services, pricing, product availability and tracking or other information. Also note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product. We reserve the right to correct any Inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you.
Even if there is no Inaccuracy, the product descriptions and all other information are intended only to be indicative, including (without limitation) size charts, shipping timelines and other information. No information is intended to be a guaranty or warranty, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis as well. No information provided on the Site is a substitute for qualified instruction or personal experience. AJ’s assumes no liability for the use of or reliance on information – it is your responsibility to have the proper knowledge, experience and gear to enjoy outdoor and indoor activities safely.

7. Our Ownership of Content; AJ’s Ski & Sports. All Content* on or relating to the Site is the property of AJ’s or its affiliates, licensors or suppliers and is protected by U.S. and international copyright, patent, trademark, trade dress and/or other intellectual property or additional laws, by this contract or notices. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms and any supplemental terms provided with the Content, or with our prior explicit consent in a separate record; all rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods or services subject to these Terms. * As used herein, "Content" means (without limitation) all information, data, text, design, graphics, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Site. Some content is also subject to further terms and conditions provided in connection with the particular Content.

8. Links to or From Third Party Sites. The Site may link to other websites and some sites link to ours. We provide these links as a convenience but unless we specifically say so, we do not endorse the linked site or anything on it. If you deal with a linked site or use these services, your transaction is not with AJ’s, so you should review the linked site's "terms of use," other contract(s) and privacy policy before doing your transaction.

9. No Commercial Use; No Resale; No Extraction. You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and AJ’s for violations of these Terms. Items that you purchase may not be purchased for resale to others and we may limit quantities. If someone other than AJ’s tries to sell you something from AJ’s, your rights will not be the same as if you purchased from AJ’s or you might not have rights at all.

10. Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:
• (1) attempt to access any service or area of the Site that you are not authorized to access;
• (2) alter information on or obtained from the Site;
• (3) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or to extract data;
• (4) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
• (5) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
• (6) access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms;
• (7) take any action which might impose a significant burden (as determined by us) on Site infrastructure;
• (8) interfere with the ordinary operation or mission of the Site or services; and
• (9) "frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

11. Your Accuracy. You agree to supply only accurate, current and complete (collectively "Accurate") information when registering on the Site, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always Accurate. AJ’s reserves the right to purge or delete information stored by members in its discretion.

12. Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.

13. Amendments. You agree that we may amend these Terms from time to time, including by changing (e.g., by adding, altering, deleting, increasing or decreasing or anything else) anything in these Terms ("Amendments"). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version ("Effective Date") – we will try to do that ten days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession (except that if we've already accepted your order then we'll fill it at the price in effect on your order date regarding items in stock). No Amendments will be effective unless we post them on our Site. You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. Not withstanding the foregoing, you agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service – if you do not agree, do not proceed with your order.

Part Two – TERMS FOR USERS MAKING PURCHASES

Part Two applies in addition to Part One if you purchase a product or service through the Site.

14. Pricing and Availability. All prices are shown in U.S. dollars All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

15. Out-of-Stock Items; Backorders. Sometimes we will not know in advance that product is unavailable. We will not charge your payment card until the item ships. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please email: services@ajssportinggoods.com.

16. Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

17. Shipping & Handling; No Export by You. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

18. Payment; Credit for Refunds & Pricing. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

19. Return and Exchanges. When you purchase from AJ’s online or by phone, you may return or exchange it by mail. General returns information and instructions can be found here.

Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help AJ’s locate the purchase in our records. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned or a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

If you believe a product is defective, please call 1-800-226- for return instructions.

Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.

Notice: No Harvesting or Dictionary Attacks Allowed
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.