BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO OUR COMPANY, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY STATEMENT, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME.
You are subject to the following Terms of Service.
In addition, when using particular parts of the Website such as shopping, forums, watching videos, or blogs, you agree to abide by any applicable posted guidelines for those services. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OF USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO OUR COMPANY. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.
Our company may modify these Terms of Service at any time without notice, effective upon posting updated Terms to the Website. Modifications to the Terms of Service apply to all access to and use of the Website thereafter; however, any changes to the dispute resolution provisions under the heading “Disputes and Arbitration Agreement” will not apply to any disputes for which the parties have actual notice on or before the date the changes are posted on the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Service. Our company has the right, but is not obligated, to strictly enforce the Terms of Service through self-help, community moderation, active investigation, litigation and prosecution.
Trademarks
Our company trademarks displayed on this Website are trademarks or registered trademarks of Our company and its affiliated companies. All other trademarks are the sole property of their respective owners. All use prohibited.
Ownership of Website Content
The Website is protected to the maximum extent permitted by copyright and intellectual property rights laws and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by Our company and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Our company. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
Submissions of User Content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Our company or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites that are associated with hashtags related to Our company. Such Submissions may be used on the Website and/or on other Our company marketing materials, including emails, social media and store signage. Submissions may also be shared with promotional partners of Our company for use by the promotional partner in its marketing materials, including emails, social media and store signage, and other related business purposes. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Our company to be used, it may be displayed for other users to see, together with your name and social media identifer (if applicable) profile information (such as your handle and profile picture). Our company is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Our company, its affiliated entities, vendors, promotional partners and licensees, and their respective suppliers, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, social media identifier, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. Subject to the licenses granted in these Terms of Service, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Service for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead Our company as to the origin of any Submission. You agree to indemnify Our company, our vendors, and third parties and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, social media identifier, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Service or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO OUR COMPANY’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
Our company reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Our company is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Our company, including its licensors and/or vendors, and Our company does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Our company has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Feedback
Any questions, comments, suggestions, or other information about Our company products or services submitted to Our company through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Our company shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Our company specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Our company will not have any obligation or liability to you arising from Our company’s and/or any third party’s receipt or use of such information or material.
Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Our company does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Our company expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Our company be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Our company does not pre-screen or approve Feedback and User Content, but that Our company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Our company expressly disclaims any liability for such organizations, events or individuals.
User Conduct
You agree not to transmit to Our company any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Our company employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal information or identifying information about another person without that person's explicit written consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Our company users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to monitor, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, scrapers, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Our company computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
Our company may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Our company may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.
Establishing an Account
Submissions and use of the Website are made available only to persons over the age of 16 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 16 and children under the age of 16 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 16 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your devices. All activities that occur under your account or password shall be your responsibility.
Availability of Products, Services, Features and Content
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Our company’s review and approval. If Our company chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
Accessing the Website and Account Security
Our company reserves the right to withdraw or amend this Website, and contents or features provided on the Website, at any time for any reason, without notice. Our company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Our company may restrict access to some parts of the Website, or the entire Website, including disabling your use of the Website, at any time and for any reason, to include, a violation of any provision of these Terms of Service.
External Sites
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). Our company provides links for your reference and convenience only. A link to an External Sites does not imply or mean that Our company endorses the content or the operator of the External Site. You acknowledge that Our company is not responsible for the unavailability of, or the content located on or through, any External Site. You should read the privacy policies and terms of use of all External Sites, and contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Contact Us
If you have questions regarding these Terms of Service, please contact us.
Copyright
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents, pages, or components may contain different copyright notices and/or additional proprietary notices.
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES ONLY TO YOUR USE OF the WEBSITE.
LIMITATION ON LIABILITY AND INDEMNITY OF OUR COMPANY
UNDER NO CIRCUMSTANCES SHALL OUR COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, CERTAIN OTHER jurisdictions DO not permit LIMITATIONS OF LIABILITY. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Our company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of YOUR Submissions; your third party event, website or organization; your MISuse of the Website; your violation of the Terms of Service; your breach of any of the representations and warranties herein; or your violation of any rights of another. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO OUR COMPANY’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
