1. ACCEPTANCE OF TERMS.
2. ABOUT OUR PRODUCTS.
We offer for sale t-shirts, hoodies, and zip-up jackets(hereinafter“Products”). The prices for such Products are listed on Endurance Addicts. We reserve the right to change the price of such Products at any time.
In the case of manufacturing defects, we will replace our products within one-year of the original purchase date. This does not cover excess wear and tear and careless misuse of our products. The defective product will be replaced by the same product. If the same product is no longer available, we will provide store credit towards the purchase of alternative product.
Send all warranty related questions to firstname.lastname@example.org
3. GENERAL TERMS
3.1 Provide Accurate Information.
You agree to provide true and accurate information about yourself as requested on the Endurance Addicts registration forms or any other information as requested for the purposes required to sign into our website(we call this information“Registration Data”). Accurate Registration Data provides us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate. Lastly, you understand that intentionally misrepresenting your identity in order to gain access to our website may cause you to incur criminal and/or civil liabilities under applicable state and/or federal law.
3.2 Guard Your Password.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information available through Endurance Addicts may include personally identifiable information. It is your responsibility to keep all such accessed information confidential and secure.
3.3 Obey the Law.
You represent and warrant that you will not use the website for illegal purposes or for the posting or transmission of material that is unlawful, harassing, false, fraudulent, defamatory, libelous(e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene or otherwise tortious, or that infringes the copyrights or other intellectual property rights of others(including rights of publicity). If you believe the content or behavior you are reporting is prohibited in your local jurisdiction, please contact your local authorities so they can better assess the content or behavior for potential violations of local law. If Endurance Addicts is contacted directly by law enforcement, we can work with them and provide assistance for their investigation. Please direct your law enforcement to our law enforcement guidelines.
3.4 Content Restrictions.
All website design, text, graphics, the selection and arrangement thereof, and all of Endurance Addicts’ software are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio, and/or video materials or any other form of proprietary content found on Endurance Addicts is strictly prohibited without the prior written permission of the company. Content that is publicly available on Endurance Addicts may not be stored on your computer, except for personal and non-commercial use.
3.5 Photos and User-Submitted Content.
Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through Instagram, or other social media, on our website("User Generated Content"). Nor do we guarantee the truthfulness, accuracy or completeness of such User Generated Content. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk.
Any public areas of the website are intended to facilitate open communication and discussion. If you post, submit, share, disseminate, or respond to User Generated Content, however, you agree that:
· User Generated Content will not(i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy,(ii) be illegal, encourage illegal activity, violation of the rights of others, or otherwise give rise to liability,(iii) be confidential or proprietary, or infringe any third-party intellectual property rights and,(iv) in particular, be copyright protected(unless you have full permission to publish it under the terms hereof from the copyright owner).
You are solely responsible for the User Generated Content and your failure to comply with the foregoing.
We have the right(but assume no obligation) to monitor, delete, move, or edit any User Generated Content that we consider inappropriate or unacceptable for any reason.
You grant to us, and to each user of the website, a global, non-exclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and you waive any and all moral rights you may have in the foregoing.
3.6 Limits On Use of User Provided Information.
By using Endurance Addicts, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce, reverse engineer, or re-use for commercial purposes any user(whether specific to any particular user or as an aggregation of users’ information) information accessible through any websites or networks owned by the company.“Commercial purposes” includes, but is not limited to, selling information to third parties; using the data collected to customize users’ experiences at a site or network outside of Endurance Addicts; using the data for targeted marketing campaigns not affiliated with the company; or using the data to offer services to our users. We reserve the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
4. RIGHTS YOU GRANT TO US
4.1 Account Access.
In order to ensure that Endurance Addicts is able to provide high-quality services that are responsive to your needs, you agree that we have access to your account and records as reasonably needed to investigate complaints. We may engage third parties to perform analysis or data processing of our databases that involves access to this information so that we can better service you. In that case, we will take measures to ensure that such parties are contractually required to keep the information confidential and not to use it other than in a manner that is necessary to perform their work for Endurance Addicts).
4.2 Merger or Acquisition.
In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Endurance Addicts, we may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
5. OTHER LEGAL ISSUES
5.1 Disclaimer of Warranties.
"Covered Parties" means the company(including affiliated and other related entities), its members, business partners and other entities participating in the website, and its and their officers, directors, partners, principals, managers, members, employees, contractors, agents, successors, and assigns.
THE WEBSITE IS PROVIDED ON AN"AS IS,""AS AVAILABLE" BASIS. THE COMPANY CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, DELECTION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO(A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,(B) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN,(C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN,(D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF,(E) YOUR USE OF THE WEBSITE,(F) VIRUSES OR OTHER DAMAGING FACTORS, OR(G) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.
The Covered Parties are not-- and will not be-- liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever(including, without limitation, attorneys' fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with our website, including their content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the website, User Generated Content, or their other content be greater than $100.00.
You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys' fees, arising from your use of the website, User Generated Content, or their other content, or your breach of the terms hereof.
You agree to protect, indemnify and fully compensate the Covered Parties from any and all third-party claims, liability, damages, expenses, and costs(including, but not limited to, reasonable attorney’s fees) arising from(1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,(2) any content you submit to Endurance Addicts,(3) any activity in which you engage on or through Endurance Addicts and(4) your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone; and(5) any other harm or loss caused to the company as a result of your use of the Services.
5.3 Choice of Law.
This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and the company about the services. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5.4 Entire Agreement.
These Terms embody the entire agreement between you and the company. It may not be orally altered, modified, or amended by any prior, contemporaneous, or subsequent oral agreement unless the same is reduced to a writing signed by the parties.
5.5 No Waiver.
No delay or omission to exercise any right, power or remedy accruing to any party under these Terms, upon any breach or default of any other party under these Terms, shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under these Terms, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under these Terms or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Notices by Endurance Addicts to users may be given by means of electronic messages or by a general posting on the service. Such notice is effective upon sending or posting. For general legal notices, please use the following e-mail: email@example.com
5.7 Digital Millennium Copyright Act(“DMCA”)
The company is committed to complying with U.S. copyright and related laws, and requires all customers and users of Endurance Addicts to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998(the"DMCA") to report alleged infringements.
In the event that you claim to be the copyright owner of any content on the website, you agree to immediately notify the company of any claimed copyright infringement. You further agree to provide the company’s copyright agent at firstname.lastname@example.org the following information, as required by the DMCA, Title 17, U.S.C. § 512:
1. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
2. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
5. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement on or relating to the website can be reached by email email@example.com.
We will respond expeditiously to either directly or indirectly(i) remove the allegedly infringing work(s) stored on the website or(ii) disable access to the work(s). We will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to us. Upon our receipt of a counter notification that satisfies the DMCA requirements, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with our designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. You expressly understand that any of your materials which remains with us after such notifications have been provided, and which are unlawful, may be provided to the applicable authorities.
If a dispute arises under this Agreement, the parties agree to submit the dispute to binding arbitration in Los Angeles, California, conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of arbitration will include the assessment of costs, expenses and reasonable attorney’s fees and a written determination of the arbitrators. Absent an agreement to the contrary, arbitration will be conducted by an arbitrator experienced or familiar with the Promotions industry. An award of arbitration is final and binding on the parties and may be confirmed in a court of competent jurisdiction. The prevailing party has the right to collect from the other party its reasonable costs and attorney's fees incurred in enforcing this Agreement.
You agree that, by entering into this Agreement, you and the company are waiving the right to a trial by jury. You and the company agree that YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.