TERMS & CONDITIONS

Last updated Nov. 2021

Terms and Conditions 

Agreement between User and www.belmontskatepark.com 

Welcome to www.belmontskatepark.com. The www.belmontskatepark.com website (the “Site”) is  comprised of various web pages operated by Belmont Skatepark (“BSP”).  www.belmontskatepark.com is offered to you conditioned on your acceptance without  modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of  www.belmontskatepark.com constitutes your agreement to all such Terms. Please read these terms  carefully, and keep a copy of them for your reference.  

  

Privacy 

Your use of www.belmontskatepark.com is subject to BSP’s Privacy Policy. Please review our  Privacy Policy, which also governs the Site and informs users of our data collection practices.    

Electronic Communications 

Visiting www.belmontskatepark.com or sending emails to BSP constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.    

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that BSP is not responsible for third  party access to your account that results from theft or misappropriation of your account. BSP and  its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit  content in our sole discretion.  

Children Under Thirteen 

BSP does not knowingly collect, either online or offline, personal information from persons under  the age of thirteen. If you are under 18, you may use www.belmontskatepark.com only with  permission of a parent or guardian.  

Cancellation/Refund Policy 

For cancellations and/or refunds please contact us at info@belmontskatepark.com Cancellations  made after 30 days of service may not qualify for a refund. All donations are non refundable.    

Links to Third Party Sites/Third Party Services 

www.belmontskatepark.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BSP and BSP 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. BSP is providing these links to you only as a convenience, and the inclusion of any  link does not imply endorsement by BSP of the site or any association with its operators.    

Certain services made available via www.belmontskatepark.com are delivered by third party sites  and organizations. By using any product, service or functionality originating from the  www.sandiegopaddlers.com domain, you hereby acknowledge and consent that BSP may share  such information and data with any third party with whom BSP has a contractual relationship to  provide the requested product, service or functionality on behalf of www.belmontskatepark.com  users and customers.  

No Unlawful or Prohibited Use/Intellectual Property 

 

You are granted a non-exclusive, non-transferable, revocable license to access and use  www.sandiegopaddlers.com strictly in accordance with these terms of use. As a condition of your  use of the Site, you warrant to BSP that you will not use the Site for any purpose that is unlawful  or prohibited by these Terms. You may not use the Site in any manner which could damage,  disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the  Site. You may not obtain or attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of BSP or its suppliers and  protected by copyright and other laws that protect intellectual property and proprietary rights. You  agree to observe and abide by all copyright and other proprietary notices, legends or other  restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  BSP content is not for resale. Your use of the Site does not entitle you to make any unauthorized  use of any protected content, and in particular you will not delete or alter any proprietary rights or  attribution notices in any content. You will use protected content solely for your personal use, and  will make no other use of the content without the express written permission of BSP and the  copyright owner. You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of BSP or our  licensors except as expressly authorized by these Terms.  

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, “Communication  Services”). You agree to use the Communication Services only to post, send and receive messages  and material that are proper and related to the particular Communication Service.    

By way of example, and not as a limitation, you agree that when using a Communication Service

you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any  inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another’s computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  

BSP has no obligation to monitor the Communication Services. However, BSP reserves the right  to review materials posted to a Communication Service and to remove any materials in its sole  discretion. BSP reserves the right to terminate your access to any or all of the Communication  Services at any time without notice for any reason whatsoever.  

BSP reserves the right at all times to disclose any information as necessary to satisfy any  applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to  remove any information or materials, in whole or in part, in BSP’s sole discretion.    

Always use caution when giving out any personally identifying information about yourself or your  children in any Communication Service. BSP does not control or endorse the content, messages  or information found in any Communication Service and, therefore, BSP specifically disclaims any  liability with regard to the Communication Services and any actions resulting from your  participation in any Communication Service. Managers and hosts are not authorized BSP spokespersons, and their views do not necessarily reflect those of BSP.  

Materials uploaded to a Communication Service may be subject to posted limitations on usage,  reproduction and/or dissemination. You are responsible for adhering to such limitations if you  upload the materials.  

Materials Provided to www.belmontskatepark.com or Posted on Any BSP Web Page BSP does not claim ownership of the materials you provide to www.belmontskatepark.com  (including feedback and suggestions) or post, upload, input or submit to any BSP Site or our  

associated services (collectively “Submissions”). However, by posting, uploading, inputting,  providing or submitting your Submission you are granting BSP, our affiliated companies and  necessary sublicensees permission to use your Submission in connection with the operation of their  Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly  

display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish  your name in connection with your Submission.  

No compensation will be paid with respect to the use of your Submission, as provided herein.  BSP is under no obligation to post or use any Submission you may provide and may remove any  Submission at any time in BSP’s sole discretion.  

By posting, uploading, inputting, providing or submitting your Submission you warrant and  represent that you own or otherwise control all of the rights to your Submission as described in this  section including, without limitation, all the rights necessary for you to provide, post, upload, input  or submit the Submissions.  

International Users 

The Service is controlled, operated and administered by BSP from our offices within the USA. If  you access the Service from a location outside the USA, you are responsible for compliance with  all local laws. You agree that you will not use the BSP Content accessed through  www.belmontskatepark.com in any country or in any manner prohibited by any applicable laws,  restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless BSP, its officers, directors, employees, agents  and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s  fees) relating to or arising out of your use of or inability to use the Site or services, any user  postings made by you, your violation of any terms of this Agreement or your violation of any rights  of a third party, or your violation of any applicable laws, rules or regulations. BSP reserves the  right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject  to indemnification by you, in which event you will fully cooperate with BSP in asserting any  available defenses.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and BSP agree otherwise, the arbitrator may not consolidate  more than one person’s claims, and may not otherwise preside over any form of a representative  or class proceeding.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. SAN DIEGO PADDLERS AND/OR ITS SUPPLIERS MAY  

MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

SAN DIEGO PADDLERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  SAN DIEGO PADDLERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL SAN DIEGO PADDLERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY  DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF  OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,  WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT  LIABILITY OR OTHERWISE, EVEN IF SAN DIEGO PADDLERS OR ANY OF ITS  SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 SITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.    

Termination/Access Restriction  

BSP reserves the right, in its sole discretion, to terminate your access to the Site and the related  services or any portion thereof at any time, without notice. To the maximum extent permitted by  law, this agreement is governed by the laws of the State of California and you hereby consent to  the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to  

the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all  provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and BSP as a result of this agreement or use of the Site. BSP’s performance of this agreement  is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BSP’s right to comply with governmental, court and law enforcement requests or  requirements relating to your use of the Site or information provided to or gathered by BSP 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 SDP with respect to the Site and it supersedes all prior or contemporaneous communications  and proposals, whether electronic, oral or written, between the user and SDP with respect to the  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. It is the express wish to the parties that this agreement  and all related documents be written in English.  

Changes to Terms 

BSP reserves the right, in its sole discretion, to change the Terms under which  www.belmontskatepark.comis offered. The most current version of the Terms will supersede all  previous versions. BSP encourages you to periodically review the Terms to stay informed of our  updates.  

Contact Us 

BSP welcomes your questions or comments regarding the Terms:  

Belmont Skatepark

3146 Mission Blvd.

San Diego, California 92109 

Email Address: info@belmontskatepark.com

Telephone number:  619-880-2787  

Effective as of November, 2021