Terms & Conditions
This document titled Terms and Conditions is a legally binding agreement that will be referred to as “agreement” from this point forth. The legal agreement is between the St. Cloud, MN based company, Skate 2 Great, and any user of the Skate 2 Great website/app. Skate 2 Great will be designated “us” or “we” for the purpose of this agreement. The user will be referred to as “user” for the remainder of this document. This agreement will refer to both Skate 2 Great and the user as “party” singularly or “parties” unitedly. The agreement, and all of its contents, is the regulating document between parties. Your acceptance with all contents of this agreement is indicated when you click the box or link signifying acceptance. To indicate disagreement with the terms of this agreement, do not click the box or link. You do not have permission to use this website without granting your acceptance.
PRODUCT SUBSCRIPTIONS: Skate 2 Great provides certain products and services, each referred to as “product,” that require additional terms and conditions. In these cases, those terms and conditions will have their own requirements and guidelines and will be referred to as “product terms.”
2. Fees and Payment
2.1 FEES: Should you register for a product that requires fees or payments, you accept the terms upon registering for the product. Separate taxes or other legislative fees may apply. It is your responsibility to pay any and all additional fees. Any product you register for that has a term with a completion date must be fulfilled for the entirety of the term. No refunds will be issued unless at the discretion of Skate 2 Great. No purchase made will depend on any future performance of Skate 2 Great.
2.2 PAYMENT TERMS FOR CREDIT CARD INFORMATION: In instances in which a credit card is required, you will need to register a valid number and accept all responsibility associated with providing credit card information and paying all incurred charges during the billing period. Skate 2 Great will determine the billing period and reserves the right to change it at any time.
2.3 Late Payments. Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) of the outstanding balance per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys’ fees that Skate 2 Great incurs in connection with collecting late amounts. If any amount owed by you under this Agreement is overdue, Skate 2 Great may, without limiting our other rights and remedies, suspend your access to the Products until such amounts are paid in full. Notwithstanding the termination provisions set forth in Section 4.2, if your access to the Products has been suspended for a period of seven (7) days or more for an overdue payment pursuant to the preceding sentence, Skate 2 Great may, upon notice to you, immediately terminate this Agreement and cancel your account.
2.4 Automatic Renewal. Skate 2 Great WILL AUTOMATICALLY RENEW EACH OF YOUR PRODUCT SUBSCRIPTIONS AND CHARGE YOUR CREDIT CARD AT THE BEGINNING OF EACH SUBSCRIPTION RENEWAL PERIOD, SO LONG AS YOUR SUBSCRIPTION HAS NOT BEEN CANCELLED. The automatic charge to your credit card will occur at the commencement of each subscription renewal. You acknowledge that the amount billed each Billing Period may vary for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your locations under your subscription), changes in the amount of applicable sales tax or other reasons; and you authorize us to charge your credit card for such varying amounts. Skate 2 Great may also periodically preauthorize your credit card in anticipation of account or related charges.
3. Using Products
3.1 RIGHT TO USE PRODUCTS: Skate 2 Great allows client the right to use products as subscribed. The subscription is limited, non-exclusive and non-transferable. Should subscription not be renewed, client’s rights will discontinue. Agreement may be terminated as explained below. If termination occurs, client’s right to products will immediately desist. Any use of products is the responsibility of the client.
3.2 PROPRIETARY RIGHTS: Skate 2 Great owns all rights to all products offered and accepted. At no time, may a client use an aspect of any product as their own. All products are the intellectual property of Skate 2 Great. No part of this agreement is permission to use any product, trademark or part of the website without the express consent of Skate 2 Great. Third party trademarks may appear in the website. This is not an indication of any type of an affiliation with the party.
3.3 USAGE RESTRICTIONS: The use of Skate 2 Great products is restricted to the aforementioned rights. No product is authorized to be copied or altered in any manner. Storage or transmission of malware for prohibited usage is not allowed. The sale, licensing, renting or leasing of any product is forbidden. No trademark, copyright or other ownership action is allowed to take place. No illegal or deceptive usage of product is allowed. No client may portray another person or entity, collect unlawful person information or use product in an unethical. scene or illegal manner.
3.4 CLIENT CONTENT LICENSURE: By utilizing Skate 2 Great products, you are granting permission for us to use the information you supply, which is referred to as “client content.” We may use it in a non-exclusive, royalty-free, transferable, irrevocable and unlimited manner. We may use the client content, distribute, copy, publish, syndicate, reformat or update it. We may also transfer or share this right with any third party partner. Neither this agreement termination or expiration shall void this right. You are required to supply us with information that is true to the best of your knowledge and agree that Skate 2 Great will be the information storage source for your business directory listing.
3.5 USEAGE DISCLAIMER
Do not attempt any element or exercise on the practice lists that you have not previously learned.
Skate 2 Great makes no guarantees of the success of the skater. Results may vary.
The Skate 2 Great Pocket Coach does not replace a professional skating coach. We recomend all figure skaters to have a professional skating coach. All of the information contained within the website/app are based on USFSA guidlines and common practices.
The programs, routines, an training systems contained on this website/app are provided for general purposes only and do not constitute professional advice on any of the subject matter and are not designed to replace a professional skating coach. As with any sport, certain risks are possible and figure skating is no exception. The training guides provided are to be done under the supervision of trained professionals. Any and all application of the training guides, suggestions, ideas and techniques provided in the Skate 2 Great website/app are done at the users own risk.
Skate 2 Great is not liable or responsible to any person or entity for any errors/omissions contained in any of the training routines, or for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the training routines contained in website/app.
This web site and all its contents are provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of quality or accuracy, fitness for a particular purpose, or non-infringement.
Skate 2 Great does not accept any responsibility related to personal or financial decisions made based upon the information contained on this site. It is the responsibility of every user of the website to perform due diligence.
The information on the Skate 2 Great website/app is provided in good faith, and all reasonable care is taken to ensure the information is correct and up to date.
Please note: We are not trained figure skating professionals. The training routines provided are a result of extensive research in the testing guidelines for each area and level of figure skating, and are presented only as a training aid and should be used in conjunction with a trained and licensed professional figure skating coach. Remember much of the information provided on this website/app may require technical knowledge and/or specialized training for safe use.
Information Inaccuracy Disclaimer:
No guarantee is given that the information provided in this web site is correct, complete, and/or current. All of the information provided on this website/app has been culminated from the most recent publicly available sources, books, articles, and other sources. There may be information on our site that contains typographical errors, inaccuracies, or omissions of facts. We regret this may occur and will attempt to make any corrections as soon as we become aware of them.
4. Term and Termination
4.1 TERM: Registering with the website will activate this agreement with the commencement date being the registration date. This agreement will remain active until either party terminates it through the required means.
4.2 TERMINATION: If either party wishes to terminate this agreement they may do so at any time. Termination shall commence at the end of the originally agreed upon period. Notice shall be given through the Skate 2 Great website. If termination or account cancellation is initiated by Skate 2 Great due to violation of this agreement by the client, termination will commence immediately.
4.3 SURVIVAL: Should any fees be owed by client to Skate 2 Great upon agreement termination or expiration, they must be paid prior to the date of termination or expiration. There are exceptions to the termination or expiration of this agreement they are the sections of this agreement that contain, license to client content, survival, disclaimer and limitation of liability, indemnification, representations and warranties and general provisions.
4.4 DISCLAIMER AND LIMITATION OF LIABILITY: All products offered by Skate 2 Great should be considered only available “as is” and “as available.” Skate 2 Great is not responsibly for any warranties or guarantees, whether implied or expressed by oral or other means. Skate 2 Great does not guarantee our website or any third party website be free of bugs, errors, problems and/or other impediments. Skate 2 Great is released from any liability to any client or third party for changes or modifications made to client content, webpage or website while either client or third party is using any feature related to our products. Skate 2 Great is not held liable for any express or implied warranty, security method, privacy practice, or use of third party website that results in interruption or error. Any damage occurring from any event associated with the usage of the Skate 2 Great or third party website. This includes, but is not limited to, loss of revenue and loss of profits. This agreement is binding even in the event that Skate 2 Great is aware of the possibility that damage may occur. Should an event occur that is out of the control of Skate 2 Great which causes a delay, damage or failure, Skate 2 Great shall not be held liable or in breach of agreement. Any actions against Skate 2 Great resulting in claims, will not hold us liable for any amount that exceeds the total collected from client in a six month period prior to the first claim date. Should Skate 2 Great be unable to be free from any liability, said liability will be disclaimed, excluded and limited under applicable legislation.
4.5 INDEMNIFICATION: Skate 2 Great and any third party affiliates, including licensors, publishers, officers, directors, members, managers, employees, sublicensees, contractor and agents, known as “indemnified parties” are exempt from any claim, action, losses, liability, damages, fines, costs or expenses brought on by clients or any affiliate of client. This includes any agreement breach by client, any legislative violation related to the use of products, allegations of trademark violation or further infringement, third party claim against you or dispute with you.
4.7 REPRESENTATIONS AND WARRANTIES: During the term of this agreement you represent, warrant and agree to the person authorizing use of products as approved to decision making on your behalf, that you are authorized to manage all aspect of your business, including but not limited to, carrying out regulations of this agreement, to Skate 2 Great having and using your client content and that you will not conduct any legislative violation.
5. General Provisions
5.1 CONFIDENTIALITY: Skate 2 Great keeps all non-public information confidential (“Skate 2 Great confidential information”) Only in cases of legislative requirement will client disclose any Skate 2 Great confidential information without our written consent. Client may use Skate 2 Great confidential information for necessary business practices only. Client will protect Skate 2 Great confidential information as if it were its own business confidential informations.
5.2 PROMOTIONAL MATERIAL: Client agrees to allow Skate 2 Great to use its logo, name and other identifying information to promote Skate 2 Great for the duration of this agreement.
5.3 CONSENT TO RECEIVE NOTICES ELECTRONICALLY. To the extent permitted by applicable law, by using this Site, you give your express consent to receive all communications from us in connection with the Site, products, or services provided electronically, either by sending them to an email address that you provide to us, or by posting them in this Site. The delivery of any such Notice is effective when posted or sent, regardless of whether you read the Notice. If you would like to withdraw your consent to receive such Notices electronically, you must discontinue your use of this Site.
5.4 POLICIES: Client agrees to abide by all Skate 2 Great policies, including but not limited to privacy policies posted on third party websites, these are all referred to as “policies.” Any and all policies are subject to modification by Skate 2 Great at any time. All updated policies may be located on the website and should be examined at regular intervals by client. Your usage of products implies agreement with any and all terms and conditions of any Skate 2 Great or third party policy.
5.5 REPRESENTATIVES: Each party may use outside contractors, agents and other professional advisors (“Representatives”) unless this agreement excludes it. Any time a representative is utilized, the respective party takes full responsibility for any actions or omissions.
5.6 FORCE MAJEURE: Should an event occur that prevents either party from fulfilling the terms of this agreement that is out of their reasonable control, the party will be freed from the terms of the agreement during the time of inability. If this should occur the agreement may be extended for the length of time of the inability.
5.7 WAIVER: Should either party choose to waive the presence of a breach or default of the other party, neither should interpret this as a waiver of any other breach. Any delay or omission by either party to take action does not waive their rights.
5.8 NO AGENCY OR INDEPENDENT CONTRACTORS: Neither party should be considered an agent or representative of the other party nor should they be considered joint ventures or any type of partner.
5.9 ARBITRATION AND CLASS ACTION WAIVER: By commencement of this agreement, it is understood that any disputes between parties will be decided by arbitration. Arbitration will follow the American Arbitration Association’s commercial arbitration guidelines. This term will be followed regardless of the association of a third party, and will take place in Stearns County, MN. Should either party wish to initiate arbitration, the documents may be found on the AAA’s website at www.adr.org. Once the documents have been filed with the AAA under its procedures, the imitating party must also notify the opposing party in writing by mailing a copy of the documentation to them. Each party may locate the mailing address in the initial sign up documentation and on the Skate 2 Great website. Any dispute may also be brought to Stearns County “small claims” court and actions by that court must be complied with. Parties must only bring about claims on their own behalf. Neither party is allowed to engage in any class action or class-wide arbitration or claim. Neither party is allowed to participate in any claim or arbitration on behalf of another person or entity. The Federal Arbitration Act will govern any dispute resolution taking place between the parties. Should the AAA be unwilling or unable to commence the hearing within one hundred and sixty (160) days of initiation, either party may choose to have the Judicial Arbitration and Mediation Service department facilitate the arbitration. Any court with competent jurisdiction may render the decision of the arbitrator. No decision is allowed by the arbitrator that conflicts with the terms of this agreement, with the exception of any applicable laws.
5.10 GOVERNING LAW AND FORUM: Minnesota state laws will apply to this agreement as well as any disputes resulting either directly or indirectly from it. Should a dispute result in a court proceeding rather than in arbitration for any reason, each party consents to waive the right to a jury trial. You and Skate 2 Great agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Stearns, Minnesota.
5.11 ENTIRE AGREEMENT AND AMENDMENT: All terms of this agreement comprises the parties’ complete agreement. Skate 2 Great reserves the right to make modifications and addendum’s to this agreement at any time and under any conditions. You accept all modifications by your continued use.
5.12 HEADINGS: This agreement contains captions and headings for the purpose of ease of navigation. They should not be used in interpretation of this agreement.
5.13 COSTS, EXPENSES AND ATTORNEY’S FEES: Should either party obtain an outside source for the purpose of interpreting or filing a claim against the other, the prevailing party may seek reimbursement for any related fees, including but not limited to attorney’s fees.
5.14 ASSIGNMENT AND NOVATION: Client may not assign, transfer, charge, subcontract or modify any and all rights or obligations without the express written consent of Skate 2 Great. Skate 2 Great may assign, transfer, charge, subcontract or modify any and all rights pursuant to the terms of this agreement.
Updated March 10, 2020