Including Visitor Agreement, Trademark, Copyright, Disclaimer
Welcome to freethepowder.com (registered domain since 09/06/2013). It is owned by Free the Powder LLC of Utah (also known as Free the Powder Gloves). Please read this Visitor Agreement; by using this site, you accept its terms. The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use this website after we post any such changes, you accept the Visitor Agreement, as modified.
Despite our efforts to provide useful and accurate information, errors may appear from time to time. Opinions expressed and posted on freethepowder.com do not necessarily represent the views or opinions of Free the Powder LLC. freethepowder.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on our website. Free the Powder LLC is not responsible for, and cannot guarantee the performance of, goods and services provided by the companies we link to. A link to another web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Free the Powder LLC.
We do not share any customer information with anyone, besides shipping address to USPS and FEDEX.
freethepowder.com respects the privacy of the users of our website. We do not distribute, share or post any IP or email addresses of those who visit freethepowder.com. (Your IP address is a number that lets computers attached to the Internet know where to send you data - such as the web pages you view.) We do not spam or use pop-ups. The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. We do not share customer information with anyone. Period.
We may collect the following information:
-contact information including email address
-demographic information such as postcode, preferences and interests
-other information relevant to customer surveys and/or offers
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use the Shopify ecommerce platform and Shopify Payments for credit card capture and processing. Learn more about their security measures and PCI-DSS Compliance.
We welcome links to freethepowder.com. You are usually free to establish a hypertext link to our website so long as the link does not state or imply any sponsorship of your site by Free the Powder LLC. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
Links to other websites:
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
No Framing. Without the prior written permission., you may not frame any of the content of our website, or incorporate into another web site or other service any intellectual property of freethepowder.com.
You may not use any trademark or service mark appearing on freethepowder.com. See below.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make freethepowder.com interesting and informative, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using freethepowder.com.
YOU AGREE THAT YOUR USE OF freethepowder.com IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH freethepowder.com , AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON freethepowder.com OR ANY MATERIAL AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
freethepowder.com IS PROVIDED TO YOU AS IS, WITH ALL FAULTS. Free the Powder LLC AND ITS AFFILIATED COMPANIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH freethepowder.com, NOR DO THEY GUARANTEE THAT freethepowder.com WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT freethepowder.com WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL Free the Powder LLC BE HELD LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF freethepowder.com , INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.) OR DAMAGES ARISING FROM PRODUCTS PURCHASED ON AN AFFILIATED COMPANY'S WEBSITE.
You agree to indemnify, defend and hold harmless Free the Powder LLC and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
By using freethepowder.com, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using freethepowder.com , and we welcome suggestions for improvements. Any questions please contact Free the Powder LLC at email@example.com . Thank You.
Created Sept 10, 2013.
"Free the Powder" is a registered trademark of Free the Powder LLC, a Utah company. No use of the mark is accepted under any circumstances without the explicit written consent of Free the Powder LLC.
United States Patent & Trademark Office information:
|Word Mark||FREE THE POWDER|
|Goods and Services||IC 025. US 022 039. G & S: Baseball caps; Ski gloves; T-shirts. FIRST USE: 20130910. FIRST USE IN COMMERCE: 20130910|
|Standard Characters Claimed|
|Mark Drawing Code||(4) STANDARD CHARACTER MARK|
|Filing Date||September 12, 2013|
|Original Filing Basis||1A|
|Published for Opposition||August 12, 2014|
|Owner||(APPLICANT) Free The Powder LLC LIMITED LIABILITY COMPANY UTAH|
|Type of Mark||TRADEMARK|
The Free the Powder logo and use of the name, in combination with a mountain background, trees and Ermine animal is a protected trademark of Free the Powder LLC.
"Thurman the Ermine" is a protected trademark of Free the Powder LLC, a Utah Company. No use of the mark is accepted under any circumstances without the explicit written consent of Free the Powder LLC.
freethepowder.com domain name is a protected trademark of Free the Powder LLC, a Utah Company. The domain was registered for the first time on September 6, 2013. No use of the mark is accepted under any circumstances without the explicit written consent of Free the Powder LLC.
"Breathefil" is a protected trademark of Free the Powder LLC. No use of the mark is accepted under any circumstances without the explicit written consent of Free the Powder LLC.
"Primo Leather" is a protected trademark of Free the Powder LLC. No use of the mark is accepted under any circumstances without the explicit written consent of Free the Powder LLC.
1. freethepowder.com Content
1.1 The contents of the freethepowder.com (registered domain since 09/06/2013) website is intended for the personal use of its Users. All materials published on freethepowder.com are protected by copyright and owned or controlled by Free the Powder LLC or the party credited as the provider of the content. User shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.
1.2 freethepowder.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content, software, materials or service, in whole or in part.
1.3 User may not download or copy the Content and other downloadable items displayed on this Web site for commercial use. User shall not store any significant portion of any Content owned by or licensed to freethepowder.com in any form.
2. Forums and Discussions
2.1 User shall not upload to, or distribute or otherwise publish through the Web site any Content that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law.
2.2 The Forums shall be used only in a noncommercial manner. User shall not, without the express approval of freethepowder.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
2.3 User acknowledges that any submissions (e.g., letter to the editors, articles) may be edited, removed, modified, published, transmitted and displayed by freethepowder.com. In addition User warrants that all moral rights in any uploaded materials have been waived.
3. Access and Availability of Service and Links
3.1 freethepowder.com contains links to other related World Wide Web Internet sites, resources and affiliated companies. Since freethepowder.com is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster.
4. Representatives and Warranties
4.1 Free the Powder LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any User, information provider or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, memorandum or information shall be at User's sole risk. Free the Powder LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web site.
The Web site and all downloadable software are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or non-infringement. User hereby acknowledges that use of the web site is at User's sole risk.
The material in this web site could include technical inaccuracies or other errors. The User's use and browsing of the web site is at the User's risk. Neither freethepowder.com nor any other party involved in creating, producing or delivering the web site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the User's access to, or use of, the web site. freethepowder.com does not warrant that the functional aspects of the web site will be uninterrupted or error-free, or that this web site or the server that makes it available are free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to particular Users. freethepowder.com reserves the right to make changes to this web site at any time without notice.