Welcome to nordicskilab.com (the “Site“), provided by XCSN Nordic Skiing Inc. (“we“, “us“, “our“, or “Nordic Ski Lab“), an Alberta corporation, for use by visitors who sign up for membership (“Members“). These terms are a legal agreement between us and the Member for access to our Site.
Please read all the terms before indicating acceptance. These terms replace any previous terms or agreements for this Site. These terms apply to our Site, and any Services that we provide, any updates, upgrades, or new features released by Nordic Ski Lab, unless other terms accompany those items. If so, those terms apply. By using our Site and Services, you accept these terms. If you do not accept these terms, then you are not authorized to use the Site or Services. You are bound by these terms even if you do not read all the terms.
1.0 DEFINITIONS
1.1.”Member” is defined above, and refers to the individual user who is issued a login to access and use the Site and any Services as a member or subscriber.
1.2 “Nordic Ski Lab Content” means the videos, images, articles, audio content, exercises, information, demos, drills, technique analysis features, and other content that we provide.
1.3 “Purpose” is defined in Section 2.1.
1.4 “Services” means services that we provide to Members, which may be booked through the Site or provided through the Site (either in-person services, online services, and related services which may be provided by Nordic Ski Lab under these terms from time to time).
1.5 “Site” means Nordic Ski Lab’s website, and includes the educational content made available by Nordic Ski Lab (and any updates, upgrades, supplements, new features provided by Nordic Ski Lab under these terms from time to time). The Site includes all the Nordic Ski Lab Content delivered through the Site.
1.6 “you“, “your” means anyone who uses our Site.
2.0 ACCESS TO USE THE SITE
2.1 Purpose. The Site is designed to provide educational content to learn expert cross-country skiing techniques, and access Nordic Ski Lab Content for personal, recreational. non-commercial home use (the “Purpose“).
2.2 Account Creation. Some areas of the Site are accessible without creating an account. These terms apply to you, even if you do not create an account. Other areas of the Site are only accessible to Members who create an account and provide information (including name, email address, username and password, and other personal information). As a Member, you agree that any registration information you give to us will be accurate, correct, and up to date. the use of disposable email addresses is not allowed and may result in account termination of service. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
2.3 Subscriptions. If you buy an annual subscriptions, it will renew automatically. You are responsible for keeping track of your membership status and date of renewal, although we will endeavour to notify you prior to renewal. If you don’t want your membership to renew, you must cancel it prior to the renewal date, which is the anniversary of your purchase. Cancel your renewal on your account page. One month subscriptions are fixed term and do not renew automatically.
2.4 Refunds. We offer a 14 day money back guarantee on Annual Subscriptions. One month memberships are non-refundable. All other products and services are non-refundable. Contact us with refund requests.
2.5 Grant of Access. Access to the Site is licensed (not sold) to you. To access or use the Site, you must be 18 years of age or older and have the capacity and authority to enter into these terms. Any use of the Site by children or minors must be supervised by a parent or guardian. Members are granted a non-exclusive, non-sublicensable, non-assignable, and non-transferable license, to access and use the Site and all Nordic Ski Lab Content for the Purpose, conditional upon payment of any applicable fees. Use of the Site and any Services is conditioned on acceptance of these terms, and in the case of Members, the issuance of a login to the Member by Nordic Ski Lab.
2.6 Member Responsibilities. Member accepts responsibility for their use of the Site, and participation in any physical activity, exercises, drills, practices, training, skate-ski and cross-country skiing activities or events. Member is responsible for assessing suitability of the Site for Member’s own requirements and ability level. You acknowledge that participation in indoor or outdoor physical activity, exercises, drills, practices, training, skate-ski and cross-country skiing activities or events, involves certain risks, dangers, and hazards. You fully accept and freely assume all such risks, dangers, and hazards and the possibility of personal injury, property damage, death and/or loss resulting therefrom. You should not participate in such activities unless you are medically able and physically capable of participating.
Members may not share memberships or account access outside of a household. Members caught breaking this rule will have their membership terminated without a refund.
3.0 PRIVACY.
3.1 Privacy. Nordic Ski Lab agrees to adhere to all Applicable Laws with respect to the collection, use or disclosure of such personal information through this Site. The terms and conditions of Nordic Ski Lab’s privacy policy are set out in full at https://nordicskilab.com/privacy-policy/ (the “Privacy Policy“) and are incorporated by reference into these terms.
4.0 PAYMENT
4.1 Fees. Each Member is responsible for the payment of fees for the use of the Site and Services. The applicable fees and any sales taxes will be billed at the time of checkout.
5.0 USER CONTENT
5.1 Community Forum. The Site makes public forums available to Members. We strongly recommend that you do not post personal information on our forum. We cannot ensure the security of any information you choose to make public. Also, we cannot ensure that others who have access to such publicly available information will respect your privacy. We reserve the right to block members from any public or community forum at our discretion, at any time. Blocked Members will not entitled to a refund.
5.2 Content Submission. We may accept video or other content from Members, and if you elect to submit or upload such content to us, you agree to transfer all copyright to us, and waive any associated moral rights, and you represent and warrant that such content is original and that it does not infringe or misappropriate the intellectual property rights of any third party.
6.0 INTELLECTUAL PROPERTY
6.1 IP Rights. All Nordic Ski Lab Content, our Site, and our trademarks are owned by us including all copyright and other intellectual property rights, and all right, title, and interest in and to such property will remain (as between the parties) solely with Nordic Ski Lab.
7.0 RESTRICTIONS
7.1 Restrictions. Except as we specifically agree in writing, no Nordic Ski Lab Content from our Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than for the Purpose, as part of the Member’s authorized access to the Site. If the Site is configured to enable the download of particular Content, you may download such Content for the Purpose, and for no other reason or use. You shall not, and shall not authorize any third party to.
(a) make unauthorized copies of Site or any Nordic Ski Lab Content;
(b) modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer the Site;
(c) incorporate any portion of the Site into any products which will be sold, licensed or transferred to a third party;
(d) use the Site in connection with a computer based service business for others, or display the visual output of Site for others;
(e) distribute, sell, lease, transfer, assign, trade, rent, lease or lend the Site or publish, license, sublicense or cross-license the Site or any part thereof and/ or copies thereof to others,
(f) post excerpts of Nordic Ski Lab Content on any social media, or blog or post any such copies or excerpts;
(g) use the Site or any part thereof in violation of any law or regulation, or for any purpose other than as expressly permitted in these terms;
(h) distribute screen shots, or disclose to a third party the results of any benchmark test of the Site without approval by Nordic Ski Lab;
(i) permit any person to use or access the Site, other than authorized users who are specifically authorized by Nordic Ski Lab; or
(j) copy, misuse or duplicate the layout and design of the Site, or the underlying code and database structures.
8.0 LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTY
8.1 DISCLAIMER OF WARRANTIES. THE SITE AND SERVICE IS PROVIDED TO YOU “AS IS” AND YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE IS ASSUMED BY YOU, AND YOU AGREE TO ADOPT REASONABLE MEASURES TO ASSESS, EXAMINE AND CONFIRM RESULTS FOR YOU SITUATION AND ABILITY.
WHILE WE ENDEAVOUR TO PROVIDE QUALITY INFORMATION, RECOMMENDATIONS AND TECHNIQUES, NORDIC SKI LAB CANNOT GUARANTEE RESULTS, AND WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
THE SITE PROVIDES CERTAIN EDUCATIONAL CONTENT AND PROVIDES ACCESS TO RESOURCES, BUT IS NOT A SUBSTITUTE OR REPLACEMENT FOR THE ADVICE OF HEALTH CARE PROFESSIONALS. FOR EXAMPLE, IF YOU NEED PHYSICAL THERAPY OR OTHER MEDICAL ADVICE, THIS SITE IS NOT A REPLACEMENT FOR SUCH ADVICE. IF YOU CHOOSE TO ENTER SKI OR RACE EVENTS, YOU DO SO VOLUNTARILY AND AT YOUR OWN RISK. NORDIC SKI LABS DOES NOT SPECIFICALLY RECOMMEND THAT YOU ENGAGE IN ANY PARTICULAR EVENTS OR ACTIVITIES NOR DO WE ENDORSE ANY PARTICULAR EVENTS OR ACTIVITIES – YOU MUST ASSESS AND DECIDE WHETHER TO PARTICIPATE.
8.2 ACKNOWLEDGEMENT OF RISK. Participation and use of the Site is completely voluntary and you are choosing to participate at your own risk. There are many benefits from physical activity, but you acknowledge that indoor or outdoor physical activity, exercises, drills, practices, training, skate-ski and cross-country skiing activities or events, race events, and the use of trip-planning tools, involves certain risks, dangers and hazards, including: personal injury, property damage, death and/or loss from: slipping, falling, trail conditions, collision with other participants, ski trail features, steep hills, roots, branches, exposed rock, ice or snow, trees, tree wells, other natural objects, and other terrain variations, changing weather conditions; avalanches or rock-slides; loss of balance or control; risks of exertion; encounters with wildlife; injuries from indoor or dryland training such as gym equipment, furniture, equipment failures (such as treadmill malfunctions), indoor tripping hazards, the failure to act safely or within one’s own ability or to stay within designated areas; negligent first aid, or negligence of other participants.
8.3 LIMITATION OF LIABILITY. IN NO EVENT SHALL NORDIC SKI LAB BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, DIRECT OR INDIRECT DAMAGES, OR ECONOMIC LOSS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR IN CONNECTION WITH THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NORDIC SKI LAB’S LIABILITY IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS OF SERVICE EXCEED THE AMOUNT OF FIFTY DOLLARS CANADIAN (CDN$50) IN THE AGGREGATE.
9.0 INDEMNITY
9.1 You agree to indemnify and hold us harmless, our directors, officers, employees, contractors, licensors, subsidiaries and affiliates, from and against any and all claims and expenses, including legal fees, arising out of your use of our Site or Services, including but not limited to your violation of these terms.
10.0 TERM & TERMINATION
10.1 Term. Once Member register, create an account, and pay the applicable fees, the Member has access for the duration of the subscription period.
10.2 Termination by Member. Member may terminate these terms without cause at any time by ceasing use of the Site.
10.3 Termination or Suspension by Nordic Ski Lab. Nordic Ski Lab shall have the right to suspend access to the Site in the event of any delay in payment of fees. We shall have the right to terminate these terms and suspend the Member’s account (a) immediately and without notice if Member is in breach of any material term of these terms or any other agreement with Nordic Ski Lab; or (b) without cause on 30 days notice to the Member.
10.4 Effect of Termination. Such termination shall be in addition to and not in lieu of any legal remedies otherwise available to the terminating party. Upon termination or expiry of these terms of service, you will cease all use of Site. You will not retain any copies of the Nordic Ski Lab Content.
11.0 GENERAL TERMS
11.1 Feedback –In using our Site, the Member may provide Nordic Ski Lab with comments, suggestions, ideas and impressions of the Site, its functionality or its design, including but not limited to results, information on the use of the Site, and any errors, bugs or issues, and any other feedback related to the use of the Site (referred to as “Feedback“). Member acknowledges and agrees that, by disclosing such Feedback to Nordic Ski Lab, it will be deemed to have assigned this Feedback to Nordic Ski Lab. Nordic Ski Lab shall own all right, title and interest in the Feedback, including but not limited to all intellectual property rights therein.
11.2 Assignment—This agreement, and any rights and licenses granted hereunder (including the License) shall not be assigned by Member without the prior written approval of Nordic Ski Lab but may be assigned without Member’s consent by Nordic Ski Lab to (i) an affiliate, (ii) an acquirer of all or substantially all of its assets, (iii) a successor by merger or amalgamation. Any purported assignment in violation of this section shall be void.
11.3 Entire Agreement—These terms represent the entire agreement between the parties with respect to the subject matter hereof and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing, without affecting the validity or enforceability of any separate agreement in writing between Member and Nordic Ski Lab. Except as otherwise agreed in writing, neither party has relied on any representations or warranties that are not made in this agreement.
11.4 Non-Waiver—None of the provisions of these terms shall be deemed to have been waived by any act or acquiescence on the part of Nordic Ski Lab, and such waiver may only be effected by an instrument in writing signed by an authorized officer of Nordic Ski Lab. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on another occasion.
11.5 Notices—Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with this agreement must be in writing.
11.6 Jurisdiction and Governing Law– This agreement shall be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to its conflicts of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.
11.7 Severability— If any of the provisions of this agreement or any part thereof shall be or held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire agreement but rather the entire agreement shall be construed as if not containing the particular invalid or unenforceable provisions or parts thereof, and the rights and obligations of the parties shall be construed and enforced accordingly, with the invalid or unenforceable provisions or parts modified so as to be limited and enforced to the fullest extent possible.
11.8 Survival. All terms which require performance by the parties after the expiry or termination of these terms of service, will remain in force despite expiry or termination for any reason. The following terms shall survive termination: REF _Ref263163968 \r \h \* MERGEFORMAT 8.0 and REF _Ref263163985 \r \h \* MERGEFORMAT 10.4
11.9 Language. It is the express will of the parties that these terms and all related documents be drawn up in English. Les parties reconnaissent par les présentes quechacune d’elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais.
11.10 Changes. We reserve the right to change any Nordic Ski Content from time to time. On release of any update or upgrade to the Site, Nordic Ski Lab reserves the right to modify these terms and to impose new or additional terms or conditions on Member’s use of the Site. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to the Member and will be effective immediately upon Member’s acceptance of the terms and continued use of the Site.
11.12 Electronic Acceptance. These terms of service may be agreed to by electronic acceptance.
[Version MAY-2023]
END OF TERMS
