Terms and Conditions1. USER'S DECLARATION AND ACCEPTANCE OF TERMS
Neither Site Athletics nor its affiliates warrant or represent that the use of products displayed on, or are obtained through, this Site will not violate the rights of others.2.1 INFRINGEMENTS OF INTELLECTUAL PROPERTY
Site Athletics offers products and services that are available on the Site. Those products include, but are not limited to, customization of its products, the sale of clothes, the sale of mugs and stickers and other services alike. The user is responsible for providing, at his/hers own expense, all equipment necessary to use the services, including a computer, modem and Internet access (including the payment of all fees associated with such access). In the process of customization, all and any part of the user´s submission for printing by our company or interaction within the Site, will be deemed “Content”.
The user acknowledges and agrees that the Site and any software provided to the user or used in connection with the Site (“software”) contains proprietary and confidential information that is protected by applicable and intellectual property law. Subject to compliance of the user with the terms and conditions of this agreement, and any other additional terms provided, Site Athletics grants the user a non-exclusive, non-transferrable license to use the provided software other than as solely necessary to use this site for the purposes of submitting an order with Site Athletics.
In order to access to Site Athletics services on the site, the user is required to use an account and password by completing Site Athletics online registration form, which requests certain information and data ("Registration Data") maintaining and updating the Registration Data of the user. By registering, the user agree that all information provided in the Registration Data is true and accurate and that will maintain and update this information as required, keeping it as current, complete and accurate as it is posible.
Please do not submit confidential or proprietary information to us unless there is a mutual agreement in writing beforehand. Site Athletics is generally unable to accept unsolicited ideas or proposals, so please do not submit them to us in any circumstance.5. TYPE OF INFORMATION COLLECTED BY SITE ATHLETICS
Information provided by the user:
The user may provide us with certain personally identifiable information when he/she:
- Register for an Site Athletics account
- Order products or gift certificates
- Request customer support or send us any other communication
- Sign up for newsletters, email alerts and special offers
- Sign up for, or redeem, special offers
- Respond to surveys
- Approve the user child's request to open an Site Athletics account in accordance with The Children's Online Privacy Protection Act of 1998 (COPPA)
Such information may include name, email address, billing address, shipping address and credit card number of the user. The user may also provide us with information about other people, such as their email addresses, if the user emails a product to a friend or refer a friend to the Site or Site Athletics promotions.5.1. INFORMATION COLLECTED BY COOKIES
Site Athletics may work with other companies who place cookies or web beacons on our website. These companies help operate Site Athletics sites and provide the user with additional products and services. They are subject to confidentiality agreements with Site Athletics and other legal restrictions. Site Athletics does not permit any of these companies to collect personal information using cookies or web beacons on our websites. Certain functionalities related to the provision of additional products and services require marketers to share website usage information about visitors to the Site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. To this end, Site Athletics third-party advertising company makes a note of some of the pages the user visit on the Site through the use of pixel tags.5.2 INFORMATION COLLECTED BY WEB BEACONS AND LOG FILES
Site Athletics collects certain non-personally identifiable information through the use of web beacons and log files. That information may include the IP address, browser type, site usage and whether opened emails of the user that he/she received from Site Athletics.5.3 INFORMATION COLLECTED THROUGH PRODUCT REVIEWS
If this option is operational, the user may choose to submit a product review. If the user posts a review, Site Athletics may ask for certain information to validate the user´s review such as email address, photo and the city/state/country of residence of the user. If the user submits a review, Site Athletics may publish the user´s geographic location or other anonymous information but the email address of the user will be kept private. Additionally, any personally identifiable information that the user submits as part of the review can be read or used by other visitors to the Site. Site Athletics is not responsible for any personally identifiable information that the user chooses to submit as part of his/hers review. Site Athletics believes that the user can post a helpful review without disclosing any personal information.5.4 SECURITY OF INFORMATION PROVIDED
When the user places orders or access his/hers account information, Site Athletics uses commercially reasonable and generally-accepted technological safeguards to secure any information we collect about the user. The secure server software (SSL) Site Athletics uses encrypt all information the user input before it is sent to Site Athletics. In addition, Site Athletics´s account information of the user is password-protected for his/hers privacy and security. The user should always take steps to protect the confidentiality of the password he/she selects. It is important for the user to protect against unauthorized access to his/hers password and computer. Site Athletics asks its users to be sure to sign off when finish using a shared computer.
The user may also choose not to provide Site Athletics with certain information, but that may result in you being unable to use certain features of the Site because such information may be required in order for the user to register as a member; purchase products or services; participate in a contest, promotion, survey or sweepstakes; ask a question; or initiate other transactions on Site Athletics site.
Site Athletics works as hard as it can to protect the user´s privacy but does not promise that the user´s personal information or private communications will always remain private. The user should not expect that. While Site Athletics uses industry-standard precautions to safeguard the personal information of all users, Site Athletics cannot guarantee complete security.5.5 SECURITY AND PASSWORD
The user is solely responsible for maintaining the confidentiality of his/hers password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, the user must take steps to ensure that others do not gain access to your password and account. Site Athletics staff will never ask a user for his/hers password. The user may not transfer or share his/hers account with anyone. Site Athletics reserves the right to immediately terminate the user´s account if he/she transfers or shares his/hers account.5.6 USE OF INFORMATION PROVIDED
Site Athletics uses the personally identifiable information that the users provide to/for:
- The features and functionality of the Site
- Fulfill their requests for Site Athletics products and services
- Pay earnings
- Communicate with them about the status of their orders and other inquiries about Site Athletics products and services
- Send them information about Site Athletics products and services
- For Site Athletics internal business purposes, such as data analysis, audits and so forth
- Help Site Athletics to create content that is most relevant to them and
- Help Site Athletics to create content that is most relevant to them and
Site Athletics uses the user´s email address to communicate with them about their account and to send them certain notification emails. Any user can change the frequency of those emails in their Site Athletics account settings.
When the user purchases products from the Site Athletics Site, Site Athletics may use his/hers email address or other personally identifiable information to send marketing messages and notifications. Any user may unsubscribe or change the frequency of email notifications on their account. If the user emails a product to a friend or refer a friend to the Site or Site Athletics promotions, Site Athletics will use their friend's email to send them the e-mail the user requested. The user´s friends e-mail addresses will only be used for this purpose unless permission is otherwise granted.5.7 DISCLOSURE TO THIRD PARTIES
Generally, Site Athletics does not share personal information about its users with other people or nonaffiliated companies without their consent with the following exceptions:
Site Athletics may also release information (including the user´s name, addresses, telephone number and account activity) when Site Athletics, in its sole discretion, believes that such release is necessary or appropriate to:
- Comply with law
- Comply with subpoenas, warrants, court orders, government investigations, or other legal process.
- Enforce or apply the terms of any of our user or license agreements.
- Investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity.
- Investigate fraud or similar claims.
- Protect the rights, property or safety of Site Athletics, Site Athletics users or others.
- Protect Site Athletics operations or
- Permit Site Athletics to pursue available remedies or limit the damages that Site Athletics may sustain.
Site Athletics may disclose non-personally-identifiable information to third parties in aggregate form to potential business partners and investors.5.8 ADVERTISING
Site Athletics may use third party service providers to place ads on its behalf across the internet and sometimes on the Site. Site Athletics may collect anonymous information about its users visits to Site Athletics Site, and their interaction with its products and services. Site Athletics may also use information about its visits to this and other websites to target advertisements for goods and services. This anonymous information will be collected through the use of a web beacon, which is the average technology used by the industry for many sites.
Furthermore, Site Athletics is a dynamic marketplace with a great number of branded products and content. Site Athletics will offer its users the opportunity to opt-in to receive emails, notifications of promotions and the like offered by its partners from such partners. The user has the right to decline to opt-in to take advantage of this service.5.9 THIRD PARTIES
Most of the user´s account information can be changed in account settings. If the user has any questions about what information is stored or would like to obtain a copy of such information, the user is free to contact Site Athletics. After receiving proof of his/hers identity, Site Athletics will provide the information to he/she, and may request to Site Athletics the delete or change any or all of the information.
The user is solely responsible for the substance of his/hers communications through the Site. His/hers use of the site is subject to all applicable laws and regulations. By posting information in or otherwise using any communications service, software library or other interactive service that may be available to the user on or through the site, he/she agrees that will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data or other information (hereinafter, “Content”) that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious.
- Is discriminatory (racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable manner) and/or
- Is invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property, and/or
- Explicitly or graphically that details sexual acts, which may include violent or threatening sexual language that is aimed at a person or group of persons and/or which refers to any kind of pornography. If Site Athletics detects that there is a case of child pornography, will fulfill to notify to the respective authorities.
- Otherwise violates or is deemed to violate Site Athletics rules or policies.
- Is violent, harasser, degrade, or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any third party;
- Otherwise, infringing content to forward to patents, registered trademarks, trade secrets, copyrights or other intellectual or proprietary right of any party. Users can only contribute in any work when added original elements, i.e., users can not use images of people or public or corporate product images, text or designs copied from a website without the written permission of the owner. When a user uploads any Content, this represents and warrants that it has the legal right to reproduce and distribute such Content, it complies with all federal, state and local regulations and ordinance;
- Otherwise, transmits content that could constitute or encourage the commission of any criminal offense, illegal activity, violate the rights of any party or which create liability or violate any local, state, national or international;
- Incorporates images or names that would violate a person's right of privacy or publicity; or
- Incorporates a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for Site Athletics custom products);
- Any type of non-authorized or non-requested advertising or unsolicited bulk communications (also known as "spam"), chain letters or any form of unauthorized solicitation or lottery and/or gambling;
- Contains software viruses or computer code, files or programs that are designed or intended to disrupt, damage, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other third party information; or
- Impersonates any person or entity, including any of Site Athletics employees or affiliates;
- Disrupts, interferes with the security or abuses of the Site or any of its products or services, system resources, accounts, servers or networks connected to or that are accessible through the Site or affiliated or linked sites;
- Accessing, handling or using non-public areas of the Site. Unauthorized users attempting to access these areas of the Site may liable to prosecution;
- Disrupts or interferes with the enjoyment of any user of the Site or affiliated or linked sites;
- Frames the Site on another web page or site or link to the Site without the consent of Site Athletics. All Site Athletics permit will be in writing.
"Content" also denotes any data, communications, software, images, sounds, other information or any data including but not limited to - photos, video, graphics, music, and any other material and services that can be viewed by us, users on our site, or that which is required in the engagement of services (for example, printing services) provided by us. This includes any other original content submitted by the user to Site Athletics for the exercise of its available services.
Lack of compliance with these conditions shall warrant ceasing of access to the site and services. Site Athletics neither endorses nor assumes any liability for the content or material uploaded or submitted by users or unauthorised third party users of the site. Site Athletics reserves the right but not the obligation to monitor content within the site and/or requested by the user in the engagement of its services.
Site Athletics is not responsible for any failure or delay in removing such content. The user consents to it and waive any claim arising out of such removal of content against Site Athletics.
In addition, the user cannot use their account for purposes such as breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available for the user or other authorized users of the Site. The user shall not interfere with the right to the use and enjoyment of the Site or other similar services to any other person. Users who violate systems or network security may incur criminal or civil liability.
The user agrees to be responsible for actions and communications undertaken under their account. Site Athletics assumes no responsibility for the accuracy or the content itself uploaded or transmitted in any way by or for a third party, or for any error, defamation, slander, libel, omissions, falsehoods, infringement and / or obscenity that the user or a third could find. The user agrees to waive any claim against Site Athletics and its affiliates for losses, damages and injuries which are based on or related to communications, content or materials on the Site.
The user agrees that will use this site and request any products herein, in accordance with all applicable federal, state and local laws, statutes, regulations and ordinances.
In the process of placing the user´s order, and upon its placement, the user acknowledges that Site Athletics may review his/hers order and the Content in contains, for adherence to our guidelines and compliance with the terms and conditions outlined in this agreement.
The user accepts that Site Athletics may, at any time in its sole discretion, terminate user participation or their account or other affiliation with the Site without notice whenever the user has violated any of the above provisions. In addition, the user agrees that will collaborate with the investigations of violations of systems or network security at other sites. This collaboration of the user includes such acts as are necessary with police authorities in investigating suspected criminal violations.7. LICENCES
Site Athletics provides a wide variety of services in customization from set materials and content provided on its website and the submission of content by the user on an extensive variety of products. To facilitate this, Site Athletics reserves and extends the following benefits:
- The user retains all ownership rights to his/hers content submitted to the site.
- The user retains a licence to use Site Athletics products and service on the condition that he/she adheres to the requirements of this and any other agreements of Site Athletics.
Nevertheless, this follows nonexclusive agreement ("Agreement") are applicable to cases where products are created with design tools Site Athletics and/or post-sales for a design that will be displayed in the future and/or are offered for sale in the websites that are owned or operated by or for Site Athletics LLC (the "Site").
By "design", Site Athletics refers to any artwork, photographs, sketches, drawings, text, stitch files, digital images or product specifications that are submitted Site Athletics for placement on the Site or in physical or electronic products manufactured by or Site Athletics ("Products").
When a user uploads videos to the web or create designs with Site Athletics tools designed for such purposes, accepts the terms of the licenses Site Athletics, such as: the non-exclusive, worldwide, non-transferable, sublicensable license to use, reproduce, publicly display, sell and distribute the Design in or on products and in advertising materials, marketing, samples, and advocacy to promote the Site and its products.
Without limitation, this promotion, marketing, or advertising may consist of: (i) display of Site Athletics Products; (ii) promotional "streams" of audio Content on the Website, (iii) display of pages from book Products on the Site; (iv) Products or content placement in magazines, television shows, movies, and other media; (v) the sale of Products available on the Site through third party product feeds, whether at retail prices, discounted prices, promotional prices or as otherwise determined by Site Athletics in its sole discretion; and (vi) the sale of Products available on the Site to other retailers, wholesalers, distributors or businesses at pricing as determined by Site Athletics in its sole discretion. Furthermore, the User grants Site Athletics license and the right to modify the design, if needed, to prepare a design for use in a particular product category or for manufacturing purposes, as long as he/she accepts that the design can be used in that category.
The user has the power to withdraw their design Site at any time and retain all copyright and other intellectual property rights of its design. When the user removes a design, its licenses will terminate. Before that happens, Site Athletics fulfill orders received prior to such termination. If such materials were created prior to the removal of design, Site Athletics may continue to use for marketing and promotional materials. The user accepts that any deployment of the Site or mobile application deployment that is linked to the services offered by Site Athletics may affect the license was granted.
Typically, any communication or material that the user sends to the Site or Site Athletics and it is sent by any form (email, mail or otherwise), no matter what its reason; will be treated as non-confidential and non-proprietary.8. THIRD PARTY SITES AND INFORMATION
This Site may link to other sites on the Internet or include references to information, documents, software, materials and/or services offered by other parties. These other sites are not under the control Site Athletics and may contain information or material that some people may find inappropriate or offensive. The user accepts that Site Athletics is not responsible for the accuracy, compliance with copyright, legality, decency, or any other aspect of the content of such sites and is not responsible for errors or omissions in any references or parts their products and services. The only use of such links or references it is when they are considered appropriate. Such links do not imply any way to be joined directly or indirectly to ensure Site Athletics or the contents thereof.
In engaging services and policies provided by third parties (for example, standard companies as Visa, Mastercard, PayPal and others that supply credit card payment services linked to by Site Athletics site), the user agrees that the provision of such services and problems therein are separate from Site Athletics services provided to the user and that Site Athletics assumes no responsibility in the matter.
The rights, conditions and policies agreed to by the user to on Site Athletics site do not extend to the sites of any third party.9. INTELLECTUAL PROPERTY INFORMATION
All other trademarks not owned by Site Athletics that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Site Athletics.
It is not permitted to use the Site Athletics content and /or its affiliates without their express permission.
Unless the copies that are made for the exclusive purpose of personal use, users may not copy, reproduce, modify, publish, upload, post, transmit or distribute any documents or information from this Site in any way or by any means, without the prior and writing consent by Site Athletics. The user is solely responsible for obtaining permission before using any material available on this site that is copyright protected. Unauthorized use of materials can also means violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither Site Athletics nor its affiliates warrant or represent that the use of products displayed on, or are obtained through, this Site will not violate the rights of others.9.1 INFRINGEMENTS OF INTELLECTUAL PROPERTY
Site Athletics respects the intellectual property of other third parties and continuously ask the user to do the same. Whilst Site Athletics may emphasise the user to respect intellectual property and conduct him/herself in a lawful manner, Site Athletics does not presume that any Content is automatically the intellectual property of the user. It is the responsibility of the user who is deemed to agree to these Terms and Conditions to provide proof of their trademark, copyright or other proprietary rights in the Content submitted to us or in our site. Please refer to section of “User content” above.
If any user of this site believes their copyright, trademark or other property rights have been infringed by a posting on this site, affected parties should send notification to our Copyright Agent immediately. To be effective, the notification must:
- Identify as much as possible the material protected by copyright is believed to have been violated.
- Identify the material that is deemed to infringe copyrighted works, mentioned in point 1 above.
- Provide information reasonably sufficient to permit us to contact the claimer: an address, telephone number, email address. An email address is preferred.
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- The claimant declares that acts in good faith on the use of works protected by copyright, described above, considering them unauthorized or that violate the rights of its owner or the law.
- The claimant declares that the information provided is true and that is the owner of the copyright work claimed or, in any case, be authorized to act on behalf of its owner.
- Sign the notification.
- Send the written communication to the following address:
Phone: (305) 407-3847
Monday – Friday: 9AM – 6:30PM EST
Saturdays: 9AM – 1PM EST
The claimant acknowledges and agrees that when receives a notification of a lawsuit for alleged copyright infringement, Site Athletics retires from its Site materials that have been identified as offenders. This recall will generate a material Site Athletics any liability to the claimant or others or the claims of the complaining party and the parties on material originally published may be referred to the Copyright Office of the United States for prosecution pursuant to in the Digital Millennium Copyright Act.10. DISCLAIMER OF WARRANTIES
THE SITE, ITS CONTENT AND LINKS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND ARE USED ONLY AT THE USER´S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
SITE ATHLETICS MAKES NO WARRANTY THAT:
- THE SERVICES AND MATERIALS WILL MEET THE USER´S REQUIREMENTS;
- THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR MISTAKES-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY THE USER FROM THE SITE OR ITS AFFILIATES WILL MEET THE USER´S EXPECTATIONS OR BE FREE FROM MISTAKES OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. SITE ATHLETICS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE THAT MAY INCLUDE THE PRICES AND DETAILS OF THE PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE PRODUCTS OR SERVICES AT THE SITE MAY BE OUT OF DATE. SITE ATHLETICS MAKES NO COMMITMENT TO UPDATE SUCH PRODUCTS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT THE USER´S OWN DISCRETION AND RISK AND WITH HIS/HERS AGREEMENT THAT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through the use of the site, the user may have the opportunities to engage in commercial transactions with other users and vendors. The user acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND THE USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT HIS/HERS OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY SITE ATHLETICS OR ITS AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Site Athletics. Site Athletics does not endorse or is responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Site Athletics spokesperson speaking in his/her official capacity.
The user understands and agrees that temporary interruptions of the services available through the Site may occur as normal events. The user further understands and agrees that Site Athletics has no control over third party networks the user may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond Site Athletics´s control.
The user, also, understands and agrees that the services available on the Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Some states or jurisdictions outside the State of Florida do not allow for the exclusion of certain warranties, so some of the above and below limitations may not be applicable to the user. It is the user´s responsibility to confirm the application of Site Athletics´s limitations; the user should have an issue with them.11. LIMITATION OF LIABILITY
SITE ATHLETICS OR ITS AFFILIATES BE LIABLE TO THE USER OR ANY THIRD PARTY, IN ANY EVENT, FOR DAMAGES OF ANY KIND WHETHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE ONES RESULTING FROM LOSS OF USE, DATA OR PROFITS IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT, AND, IN OTHER THEORY OF LIABILITY ARISING OUT FROM OR IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER WEB SITE LINKED TO OR REFERENCE THE SITE.
IN ADDITION, SITE ATHLETICS IS NOT RESPONSIBLE IN ANY WAY, OF PRODUCTS AND SERVICES OFFERED BY THIRD PARTY OR AS TO THE CONDUCT OF TRANSACTIONS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ORDER PROCESSING.
The user may remain responsible for consulting the applicability of Site Athletics limitations to him/her and should have a contention against them.
NEITHER SITE ATHLETICS NOR ITS AFFILIATES OR OTHER PARTY INVOLVED ANY CHAIN IN CREATING, PRODUCING AND/OR DISTRIBUTION OF GOODS AND SERVICES OFFERED ARE LIABLE UNDER ANY CIRCUMSTANCES, DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF THE EXISTENCE OF DAMAGES, RESULTING FROM :
- THE USE OR INABILITY TO USE THE SITE;
- COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR
- ANY OTHER MATTER RELATING TO THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW TO EXCLUDE OR TO LIMIT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW. In the event of any problems, will be the full responsibility of the user to assess the applicability of the limitations of Site Athletics.
THE USER ACKNOWLEDGES THAT SITE ATHLETICS IS NOT RESPONSIBLE FOR THE CONTENT OR CONDUCT OF DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT BY OTHERS AND ASSUMES EXCLUSIVELY, THE RISK FOR ANY DAMAGE OR INJURY. THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CASE OF THE USER.12. INDEMNIFICATION
Upon a request by the user, the user agrees to defend, indemnify and hold Site Athletics and its affiliates free from any liabilities, claims and expenses, including attorneys' fees, arising from use of the site.
Site Athletics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the user, in which case Site Athletics cooperate with in asserting any available defenses.13. PRICING, SHIPPING, AND TERMS OF SALE
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Site Athletics discretion. Title and risk of loss for all products ordered by the user shall pass to him/her on Site Athletics shipment to the shipping carrier. Site Athletics reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party. If that happen, Site Athletics will notify the purchaser that his/her order has been canceled.
Purchases are subject to Site Athletics Shipping and Return Policy.14. EARNINGS AGREEMENT
If the user participates as a Seller or Associate, per the Non-Exclusive Licence Agreement above, Site Athletics will pay accrued earnings to the user in accordance with the following sections.
Payments for royalties, referral fees, volume bonus and any other compensation owed to the owner (collectively hereinafter referred to as "Earnings") will be made within 45 days of the end of the month subject to the following:
- Site Athletics maintains a statement of the user´s Earnings. The user may check his/hers statement in his/hers account.
- Site Athletics will pay his/hers Earnings in accordance with the selections the user make in the "Payment Settings" page in "MyAccount" and Site Athletics makes the following options available:
- Payment as soon as the user has reached the Payment Thresholds (as defined below) set by Site Athletics from time-to-time; or
- Has his/hers earnings held in his/hers account until the user chooses to have his/hers payment made (after reaching the Payment Threshold set by Site Athletics); or
- Hold his/hers earnings in his/hers account to apply toward a purchase on the Site.
- On the Payment Settings page in, the user may also choose the method of payment (for example, PayPal). Site Athletics, in its discretion, may change the methods of payment that are available and certain methods of payment may not be available for all balances.
- With respect to referral fees, if Products that generated a referral fee are returned by the customer, Site Athletics will deduct the corresponding referral fee from the user´s next payment. If there is no subsequent payment, Site Athletics may send to the user a bill for the fee, which bill must be paid upon receipt.
- Payments that are made using PayPal will be charged a $2.50 processing fee, if the user´s earnings are less than the Payment Threshold.
- Payment Thresholds mean $100 for payments by check and $50 for payments using PayPal. The Payment Thresholds are subject to change at any time or from time-to-time, in Site Athletics sole and absolute discretion. The user will be notified of any change in the Payment Thresholds.
- The user may request payment of his/hers Earnings even if he/she has not met the Payment Thresholds, subject to payment of the following processing fees: $5.00 for any check under $100; or $2.50 for any PayPal transaction under $50. Payment will be made within 45 days (collectively "Processing Fees").
- If the user´s earnings are less than the applicable Processing Fee, he/she will not receive a payment.
- Site Athletics will withhold taxes from international payments that are due if sellers do not provide Site Athletics with relevant documentation such as the W8-BEN form.
- In the event that a cheque sent to the address listed as the payee address in the user´s account is returned as undeliverable, Site Athletics may withhold further payments until the user has corrected or updated your address.
Other than as expressly provided under these terms, the user agrees to not reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Site Athletics express written consent.15. PRODUCTS AND SERVICES DETAILS
Site Athletics attempts to be as accurate as possible with the description or details of the products or services that are offer in the Site.16. NEW PRODUCTS OR SERVICES
Site Athletics may introduce programs, features and products and will offer then in the Site indicating their terms and conditions. The user agrees that will be subject to such new terms and conditions to the extent.17. AGE AND GEOGRAPHIC RESTRICTIONS
The Site may be accessed from countries other than the United States of America. The Site may contain products or references to products that are not available outside of the United States of America. Any such references do not imply that such products will be made available outside the United States of America. If the user access and use the Site outside the United States of America, he/she is responsible for complying with your local laws and regulations.
The user agrees that Site Athletics can translate, as accurately as reasonably possible, text the information that you provide into other languages for use on its foreign domains. Site Athletics does not guarantee the accuracy of such translations.19. CORRECTION OF ERRORS AND INACCURACIES
The information and product listings on the Site may contain typographical errors or inaccuracies and may not be complete or current. Therefore, Site Athletics reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after the user has submitted his/heers order). Please note that such errors, inaccuracies or omissions may relate to product or service description or details, pricing and availability. Site Athletics also reserves the right to limit or restrict quantities of products (including after the user has submitted his/hers order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, Site Athletics reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Furthermore, Site Athletics has the right to refuse or cancel any such orders whether or not the order has been confirmed and the user has been charged for such sale. If the user has already been charged for the purchase and the order is canceled, Site Athletics shall immediately issue a credit to his/hers credit card account or refund the amount in the manner in which the purchase was made by the user. If Site Athletics has overcharged for any product, will issue a refund to the user for the difference between what he/she was charged and the correct price of the relevant product.20. PARTICIPATION IN PROMOTIONS
From time to time, the Site may include advertisements of promotions offered by third parties. The user is free to enter into those advertisements with purpose or not to participate in such promotions. The promotions are solely between the user and the advertiser. Site Athletics does not assume any liability, obligation or responsibility for any part of such correspondence or promotion.21. COMMUNICATIONS
Site Athletics will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act or as other required by law or by court or governmental order.
Site Athletics may employ automated monitoring devices or techniques to protect the users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that Site Athletics deem inconsistent with its business purposes. Nevertheless, such devices or techniques are not perfect, in that sense, Site Athletics will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.22. INTERNATIONAL USE
Since the Site may be accessible worldwide, Site Athletics not assures that products and services on the site are appropriate or available for use in locations outside the United States of America and accessing them from territories where certain contents are prohibited.
The users who choose to access the Site from other locations do so, on their own initiative and are responsible for compliance with local laws.23. TERMINATION OF USE
Terminated or suspended from the relationship, no matter what the reasons were, rights cease to use the services available on the Site.
The user acknowledges and agrees that once that happens, disable or delete his/hers account containing all its information and files in his/hers account. The user may ban any further access to such files on the Site. Site Athletics shall not be liable to the user or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Site Athletics does not assume responsibility for a specific explanation for terminating or suspending the user´s account, though Site Athletics may provide one at its sole discretion.24. PUBLIC REPUTATION
The user acknowledges and agrees that will not use any product ordered from the Site so that it can be detrimental to the reputation of Site Athletics or its employees or affiliates.
Furthermore, the user recognizes that if chooses to show any product, in public places, including on the Internet, so that could discredit Site Athletics or its affiliates, Site Athletics reserves the right to require the immediate return of the product and take the necessary legal corresponding.25. GOVERNING LAW
The Site (excluding any linked sites) is controlled by Site Athletics from its offices within the State of Florida in the United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Florida, by accessing this site, Site Athletics and the user agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through it. Site Athletics and the user agree and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Florida with respect to such matters.26. NOTICES
Even Site Athletics may provide notices to its users; Site Athletics does not assume the obligation of do so. All notices to a user or party shall be in text form, either via email or conventional mail.
All email notices to Site Athletics must be sent to the attention of Customer Service at email@example.com and the conventional notices at Site Athletics LLC, 1900 SW 20th St, Miami FL 33145.
Please take note that all claims for presume Infringements of Intellectual Property are required in writing by conventional mail.
Site Athletics may notice the user to the address supplied as part of his/her Registration Data. In addition, Site Athletics may broadcast notices or messages through the Site to inform to the user of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to the user at the time of sending.27. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement and understanding between Site Athletics and the user concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.
The user agrees to not sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to the Site.
In addition to any excuse provided by applicable law, Site Athletics shall be excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond Site Athletics´s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Site Athletics´s reasonable control, whether or not similar to those which are enumerated above.