TERMS OF USE AGREEMENT BETWEEN USER AND THE SKI DOCK. This Agreement sets forth the terms and conditions which apply to your use of the SkiDock.com website ("The Ski Dock Site", "This Site"), which is owned and operated by The Ski Dock ("The Ski Dock").

BY USING THIS SITE YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS THOUGH YOU HAD SIGNED THE USAGE AGREEMENT. IN ADDITION, BY USING THIS SITE AND PROCEEDING FORWARD FROM THIS POINT, YOU AGREE THAT YOU HAVE REVIEWED AND ACKNOWLEDGE THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE AGREEMENTS AND ACKNOWLEDGE THE PRIVACY POLICY, PLEASE DISCONTINUE YOUR USE OF THE SITE.

For simplicity, the main sections of this Agreement are broken into the following sections;

1. OTHER KEY AGREEMENTS OR DOCUMENTS
2. MODIFICATION OF THESE TERMS
3. LINKS TO THIRD-PARTY SITES
4. NO UNLAWFUL OR PROHIBITED USE
5. USE OF THE SKI DOCK SITE
6. MATERIALS PROVIDED TO THE SKI DOCK OR POSTED AT SKIDOCK.COM
7. CONTENT AVAILABLE THROUGH THE SERVICE
8. LIABILITY DISCLAIMERS
9. OTHER LIMITATIONS
10. LANGUAGE
11. GENERAL
12. COPYRIGHT & TRADEMARK NOTICES
13. ADDITIONAL TERMS

1. OTHER KEY AGREEMENTS OR DOCUMENTS
This Agreement should also be viewed and reviewed along with The Ski Dock Privacy Policy ("Privacy Policy") regarding disclosures relating to the use of your personal information. Your acceptance of this Agreement is also an indication of your acknowledgement and acceptance of the Privacy Policy.

2. MODIFICATION OF THESE TERMS
The Ski Dock reserves the right to change the terms, conditions, and notices under which This Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of This Site constitutes your agreement to all such terms, conditions, and notices.

3. LINKS TO THIRD-PARTY SITES
This Site may contain links to third-party Websites ("Linked Site"). A Linked Site is not under the control of The Ski Dock and The Ski Dock is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Ski Dock is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Ski Dock of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of use posted at the Linked Sites.

Any dealings with third-parties included within This Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the other third party. The Ski Dock shall not be responsible or liable for any part of any such dealings or promotions.

4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of This Site, you will not use This Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use This Site in any manner that could damage, disable, overburden, or impair This Site or the network(s) connected to This Site or interfere with any other party's use and enjoyment of This Site. You may not attempt to gain unauthorized access to This Site, computer systems, or networks connected to This Site, through hacking, password mining, or any other means.

5. USE OF THE SKI DOCK SITE
When you request information via This Site, you agree that the requested information is for your exclusive use only and for other legitimate purposes related to services provided by The Ski Dock. Unless otherwise specified, This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from This Site. Without the advance express written permission of The Ski Dock, you may not 'meta-search' This Site, send, or cause to be sent, any automated queries of any sort to This Site, or use This Site in any commercial manner.

6. MATERIALS PROVIDED TO THE SKI DOCK OR POSTED AT SKIDOCK.COM
The Ski Dock does not claim ownership of the materials you provide or submit (a "Submission") to The Ski Dock for review by the general public. However, by providing your Submission you are granting The Ski Dock permission to use your Submission in connection with the operation This Site including, without limitation, the license rights to: copy, distribute, publicly display, edit and reformat your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Ski Dock is under no obligation to use any Submission you may provide and The Ski Dock may remove any Submission at any time in its sole discretion. You warrant and represent that you own or otherwise control all of the rights to your Submission as described in the Terms of Use including, without limitation, all the rights necessary for you to provide the Submissions.

7. CONTENT AVAILABLE THROUGH THE SERVICE
All information/content that is made available to view and/or download in connection with This Site, excluding information/content that may be a Submission by an end-user, is owned by and is the copyrighted work of The Ski Dock and/or its suppliers and is protected by copyright laws and international treaty provisions.

8. LIABILITY DISCLAIMERS
THE INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SKI DOCK SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SKI DOCK SITE AND TO THE INFORMATION THEREIN. THE SKI DOCK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SKI DOCK SITE AT ANY TIME. ADVICE RECEIVED VIA THE SKI DOCK SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.

THE SKI DOCK AND/OR ITS RESPECTIVE VENDORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SKI DOCK SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SKI DOCK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT THE SKI DOCK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SKI DOCK SITE. YOU SPECIFICALLY AGREE THAT THE SKI DOCK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE SKI DOCK IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SKI DOCK SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE SKI DOCK AND/OR ITS VENDORS, SUPPLIERS, THEIR PARENTS, SISTERS, AND OTHER AFFILIATE ENTITIES, AS WELL AS THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, ATTORNEYS, ACCOUNTANTS, AGENTS, AND OTHER AUTHORIZED REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (1) DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SKI DOCK SITE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (2) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SKI DOCK SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SKI DOCK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, (3) ACCESS TO OR DISCLOSURE OF INFORMATION UNDER THIS AGREEMENT, OR (4) ANY VIOLATIONS OF OTHER APPLICABLE LAWS DUE TO THE ACTS OR OMISSIONS OF THE SKI DOCK OR THE SKI DOCK CONSUMERS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SKI DOCK SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SKI DOCK SITE.

9. OTHER LIMITATIONS
You agree that The Ski Dock may establish limits concerning use of This Site. You agree that The Ski Dock has no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by The Ski Dock Site.

THE SKI DOCK MAKES NO WARRANTY THAT THE SKI DOCK SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10. LANGUAGE
It is the express desire of the parties that this Agreement and all related documents have been drawn up in English.

11. GENERAL
The laws of the State of Texas, U.S.A, govern this Agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of any court of competent jurisdiction in Williamson County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Service. You agree to indemnify and hold The Ski Dock, its vendors, suppliers, their parents, sisters, subsidiaries, affiliates, officers, directors, managers, attorneys, accountants, contractors, employees, and other authorized representatives, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on This Site. The Ski Dock’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of The Ski Dock’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by The Ski Dock with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and The Ski Dock with respect to This Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Ski Dock with respect to This Site. 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.

12. COPYRIGHT & TRADEMARK NOTICES
All contents of The Ski Dock website are: Copyright (c) 2005 The Ski Dock, 12234 Highway 620 North, Austin, Texas 78750 U.S.A. All rights reserved.

TRADEMARKS. The Ski Dock and The Ski Dock Logo referenced herein are trademarks, service marks, or registered trademarks of The Ski Dock. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

13. ADDITIONAL TERMS
NO PROFESSIONAL ADVICE. The information appearing in This Site is intended solely as general guidance and does not constitute professional advice. Individual situations and applicable laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

ACCURACY OF INFORMATION AND CALCULATIONS. Information appearing on This Site is believed to be accurate, but The Ski Dock and its suppliers do not warrant or guarantee such accuracy. You should independently verify all relevant information prior to making any decisions based on such information.