LAST UPDATED 16th February, 2021
Thank you for coming to TheLaserClass.com (the “Site”). The Laser Class Association, Obere Postmatte 2, 6462 Seedorf, Switzerland (“TLC”) has established the following terms and conditions that we would like you to be familiar with. Your use of the Site constitutes your agreement (“Agreement”) to the terms and conditions outlined below. Please read them carefully:
Agreement
We provide users of the Site with access to certain content and services related to TLC’s events and services, which may include FAQs, information about TLC, technical resources, news, tools, text, photos, audio and video clips, links to third party websites, and other similar content (collectively, the “Services”).
Acceptance of Terms
The Site and Services are made available by TLC subject to this Agreement. We reserve the right to update or make changes to this Agreement at any time. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of the page. When using the Site and any Services, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Site and the Services, which are hereby incorporated by reference into this Agreement.
We reserve the right at any time, temporarily or permanently, to:
• modify or discontinue the Site and the Services, with or without notice
• charge fees in connection with the use of the Site
• modify and/or waive any fees charged in connection with the Site and the Services
• offer opportunities to some or all users of the Site and the Services
You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site and the Services after such changes will indicate your acceptance of the changes.
Jurisdictional Issues
The Site is controlled and operated by The Laser Class Association from Switzerland and is not intended to subject TLC to the laws or jurisdiction of any state, country, or territory other than that of Switzerland. If you are accessing the Site outside of Switzerland, TLC does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than Switzerland. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Copyright and Trademarks
The information and Services made available through the Site are and shall remain the property of TLC and/or its licensors and suppliers, and are protected by international copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by TLC to access and use the Site, at any given time you may view one copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorised in advance by TLC in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
All trademarks and service marks on the Site not owned by TLC and/or its licensors are the property of their respective owners. The trade names, trademarks and service marks owned by TLC and/or its licensors, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of TLC’s and/or its licensors’ trade names, trademarks or service marks without our express prior written consent. TLC’s and/or its licensors’ trademarks include, without limitation, the word Laser, any associated logos and individual registered and unregistered product names, as well as The Laser Class and its associated logos.
Submissions, Feedback and Testimonials
Your submission of information through the Site is governed by TLC’s Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services.
If you provide any comments or suggestions to TLC with respect to the Site, Services, or TLC products or services, you agree to assign to TLC all rights and titles to the Feedback upon submission of the comment. You also agree not to assert any “moral” rights or other rights with respect to attribution of authorship or integrity of such Feedback that you may have under any applicable law and under any legal theory. Without limiting the foregoing, you agree that TLC may make available on the Site any testimonials, content, and/or materials in connection therewith, that you submit to TLC (“Testimonials”). As such, you hereby grant to TLC, its affiliates and their respective service providers and designees a worldwide, nonexclusive, transferable, sublicense (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Testimonial, in any media now known or hereafter developed.
For each Testimonial, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Testimonial, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You acknowledge and agree that we reserve the right to do any or all of the following, at our discretion:
• Monitor and respond to Testimonials;
• Alter, remove, or refuse to post any Testimonial;
• Disclose any Testimonials, and the circumstances surrounding their transmission, to any third party, in each of the foregoing cases, in order to operate the Site;
• Protect TLC and its affiliates, and each of their respective employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers (the “TLC Parties”), and the Site’s users and visitors;
• Comply with legal obligations or governmental requests;
• Enforce this Agreement or for any other reason or purpose.
Rules of Conduct
While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section. If you fail to comply with such rules, we may terminate your access to the Site pursuant to this Agreement. You agree that you will not:
• Post, transmit, or otherwise make available, through or in connection with the Site:
• Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right. • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.” • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. • Any unsolicited or unauthorised advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation. • Any material, non-public information about a company without the proper authorisation to do so.
• Use the Site for any fraudulent or unlawful purpose.
• Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
• Impersonate any person or entity, including without limitation any representative of TLC or TLC’s affiliates; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
• Frame or mirror any part of the Site without TLC’s express prior written consent.
• Create a database by systematically downloading and storing all or any Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce the presentation of the Site without TLC’s express prior written consent. TLC grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TLC reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
Purchases
We may make available registration to sailing events, purchasing of sailing equipment and other products and services for purchase through the Site, and we may use third-party suppliers and service providers to enable Ecommerce functionality on our Site. If you wish to register for a sailing event, purchase any sailing equipment or other product or service made available by us through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILISED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant TLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, in accordance with the Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Sailing Equipment Specifications and Event Details on the Site
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, however, there may occasionally be flaws in the information presented on the Site. All sailing equipment and other product or non-product (sailing event) descriptions, images, references, features, content, specifications, products and prices of sailing equipment and other products and services described or depicted on this Site, are subject to change at any time without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
The inclusion of any sailing equipment, sailing events or other products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. TLC reserves the right to limit the available quantity of or discontinue any product or service; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
Refunds and exchanges will be subject to TLC’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Account Registration
You may be required to register as a member with TLC in order to access certain Services or areas of the Site. With respect to any such registration, we may prevent you from using the following:
• A user name (or email address) that is already being used by someone else • A user name that may be construed as impersonating another person • A user name that personally identifies you • A user name that violates the intellectual property or other rights of any person • A user name that we reject for any other reason in our sole discretion
If you do register with TLC, you are responsible for keeping your account username and password confidential at all times and restricting access to your computer. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions). You agree to immediately notify TLC of any unauthorised use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you sign out of your account with the Site at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Links
The Site may provide links to other web sites and online resources. Unless otherwise explicitly stated, because TLC has no control over such sites and resources, you acknowledge and agree that the TLC Parties are not responsible for the availability of such external sites or resources, and neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Web sites other than the Site may provide links to the Site with or without our authorisation. You acknowledge and agree that the TLC Parties do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
TLC shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Promotions
In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We ask that you please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. If the terms and conditions of the Promotions conflict with this Agreement, the terms and conditions of the Promotions shall control.
Disclaimer of Warranties and Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE BY TLC IN A LIMITED WARRANTY WITH RESPECT TO CERTAIN PRODUCTS (IF ANY), THE DISCLAIMERS OF WARRANTIES IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: THE SITE, THE SERVICES, AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND THE TLC PARTIES DISCLAIM ALL SUCH WARRANTIES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SERVICES AVAILABLE THROUGH THE SITE.
THE TLC PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE TLC PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY TLC OR ANY THIRD PARTY. THE MAXIMUM LIABILITY OF TLC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100).
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorised alterations to the Site. If you become aware of any unauthorised third party alteration to the Site, contact us at info@thelaserclass.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
Indemnity
Except to the extent prohibited by applicable law, you agree to defend, indemnify and hold harmless the TLC Parties from and against all claims, losses, costs and expenses (including legal fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
Termination
This Agreement is effective until terminated. TLC, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if TLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that TLC may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that TLC and its affiliates shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of Switzerland, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the Canton and Courts located in the Canton of Seedorf, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Contact Us
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@thelaserclass.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
Notices
TLC may give notice to you of a change in these terms and conditions, a change in the product or service prices, or any matter by general posting TheLaserClass.com, by electronic mail, or by conventional mail to your address contained in the customer registration data. You may give notice to TLC by email to info@TheLaserClass.com.
Changes in Terms and Conditions
TLC may at any time change any of the terms and conditions or prices displayed on TheLaserClass.com. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TLC will not be responsible for failures to fulfil any obligations due to causes beyond its control.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TLC. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and TLC relating to the Site and Services and supersedes any prior or contemporaneous agreements between you and TLC relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in TLC’s discretion.