TERMS & CONDITIONS OF USE
Terms and Conditions of Use Agreement
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud. By creating an account, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Kradl in its sole discretion.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
9. Payments. You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. We do not accept reseller or sales and use tax exemption certificates for online sales.
10. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
11. Submissions. All suggestions, ideas, notes, concepts, product reviews and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
12. Return Policy. Our Return Policy is a part of this agreement.
13. Verify Members’ Address. Kradl reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from Kradl.
14. Order Modification/Rejection. Kradl reserves the right to reject or modify an order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, we will issue a credit to your credit card account for the amount rejected.
15. Disclaimer of Warranties; Limitation of Liability. We do not guarantee, represent or warrant that your use of the Site or related websites will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE AND RELATED WEBSITES ARE (EXCEPT AS EXPRESSLY STATED BY US IN WRITING) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL ONE SPORTS NEST, INC., OUR PARENT, SUBSIDIARIES, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, VOLUNTEERS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS OR SERVICES PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT OR SERVICE POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPORTS NEST, INC. AS WELL AS OUR PARENT, SUBSIDIARIES, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, VOLUNTEERS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY, OR YOUR NEGLIGENCE IN USING THE WEBSITE, OUR PRODUCTS OR OUR SERVICES.
17. Applicable Law. By using the Service and related websites, our products or our service, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us. For the avoidance of doubt, this agreement shall be deemed to have been entered into in the County of San Diego, California, U.S.A.
18. Dispute Resolution.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE AND RELATED WEBSITES, OUR PRODUCTS OR OUR SITE, WILL BE ADJUDICATED IN THE STATE OR FEDERAL COURTS IN THE COUNTY OF SAN DIEGO, CALIFORNIA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS. WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
19. Accessibility. We have made efforts to make this website accessible to all. If you experience any issues placing an order through the site, please contact us via email at email@example.com or call us at 1-858-240-9902 and we will be happy to assist you with placing your order. By accessing this website, you agree to contact us first and provide us with a reasonable time frame to address any accessibility issues you may encounter.
20. Contact Information. Questions about these Terms and Conditions of Use should be directed to us at firstname.lastname@example.org.