The Merchants trademarks displayed on the Website are trademarks or registered trademarks of The Merchants and its affiliated companies in the United States and internationally (including but not limited to the Merchants’ name and logo and other logos). All other trademarks are the sole property of their respective companies. All use prohibited.
Ownership of Website Content
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law 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 the Merchants 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. All data or programming information, source codes, metadata, statistical information or usage logs are protected to the same extent as described above. The same protection applies to the information or data obtained by relying on any link found on the Website. 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 the Merchants. 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.
You may not place spyware or cookies on the Website or monitor its usage by anyone. You may not leave tracer or imbedded monitoring software or electronic traces which may enable you or any third parties to access usage data for 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, email or otherwise provide or make available to the Merchants 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, for example on Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to the Merchants. Such Submissions may be used on the Website and/or on other the Merchants marketing materials, including emails, social media and store signage, among other places. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by the Merchants to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook, Vine, Pinterest and Google+ profile information (such as your handle and profile picture). You waive any intellectual property rights over the Submissions or User Content and agree to defend and hold the Merchants harmless from any claim by third parties stemming from your Submission of such third parties’ information. The Merchants are under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by the Merchants without restriction. 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.
The Merchants reserve the right, at their 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. the Merchants are 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 the Merchants, including its licensors and/or vendors, and the Merchants do not endorse any such opinions, statements, or materials.
You acknowledge and agree that the Merchants have 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.
Any questions, comments, suggestions, or other information about the Merchants products or services submitted to the Merchants through the Website ("Feedback") shall be deemed non-confidential and non-proprietary. The Merchants shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. The Merchants specifically prohibits you from sending us any information that you consider to be confidential or proprietary through the Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we the Merchants will not have any obligation or liability to you arising from the Merchants’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 the Merchants 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. The Merchants expressly disclaim 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 you will not rely on said Feedback and User Content, and that under no circumstances will the Merchants 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 the Merchants does not pre-screen or approve Feedback and User Content, but that the Merchants 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. The Merchants expressly disclaim any liability for such organizations, events or individuals.
You agree not to transmit to the Merchants 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, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit 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 the Merchants 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 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, 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 the Merchants 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.
ESTABLISHING AN ACCOUNT
Submissions and use of the Website are made available only to persons over the age of 13 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 13 and children under the age of 13 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 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 computer. All activities that occur under your account or password shall be your responsibility.
TERMS OF SALE, 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 the Merchants’ review and approval. If the Merchants 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.
All sales from the Website are sold by the Merchants. The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from the Merchants, except to the extent that you have entered into a separate written agreement with the Merchants that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in the Merchants’ sole discretion. By placing an order for products through the Website, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and the Merchants, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
a. Your Account
When you purchase from the Merchants, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
b. Payment Terms
The Merchants currently accepts VISA, MasterCard
c. Shipping Terms and Policies
We endeavor to process all orders for in stock items within 1 business day. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Panama Time. Standard shipping is typically via delivery service (common carrier overland) and you should allow 8-15 business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB Shipping Point. Title to products passes from the Merchants to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
d. Product Availability and Pricing
The Merchants and its suppliers continually upgrade and revise their products and service offerings to provide you with new products and services. the Merchants may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
e. Product Descriptions; Pricing; Errors
The Merchants attempts to be as accurate as possible and eliminate errors on the Website. However, we do not warrant that product descriptions, photographs, pricing or other content on the Website are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by the Merchants is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Website, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
f. Who We Sell To
The Merchants only sell products to adults. If you are under 16, you may use our Website only with involvement of a parent or guardian. The Merchants reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
g. Retail Sales Only
You represent and warrant that you are not a wholesaler or distributor of merchandise and that any goods, products or services purchased are for end-customer use only and not for resale. You further represent and warrant that you are not located in any place other than the place you have indicated in your Submission and that the goods, services or products will be delivered at such a place, which shall be limited to the Territory comprised of _Panama, Guatemala, Honduras, El Salvador, Belize, Venezuela, Jamaica, Dominican Republic, Puerto Rico, Cuba, Bermuda, Trinidad & Tobago, Bahamas, Aruba, Curacao, Bonaire, St. Marten, Barbados, Grand Cayman, St. Thomas, St. Johns, St. Vincent, St. Croix, St. Kitts & Nevis, Haiti, Antigua & Barbuda, St. Lucia, Turks and Caicos, Dominica, Grenada, Guadeloupe and/or Martinique.
h. Warranties for Products and Services
All sales are final and no refunds will be available except for merchandise that is defective and in such case only if you provide us with satisfactory evidence of such defects within 30 days of delivery or pickup of the merchandise by you or the end user, whichever happens first.
In case you are not satisfied with any product or merchandise bought exclusively through the Website, you agree to inform us in writing at the following e-mail email@example.com_ with 30 days of delivery or pick up of the merchandise, whichever occurred first. Your failure to inform us within that period shall be deemed an unconditional acceptance of the merchandise.
In no case shall you be entitled to a refund due to misuse, abuse or intentional damage of the merchandise by either you or the end-user.
You may not return or deliver any merchandise or goods to any physical retailer located anywhere in the world unless we instruct you to do so. Should any physical retailer accept your returned merchandise it will be deemed to have been don at its own risk and the Merchants shall not be liable to such retailers or to you.
i. Limitation of Liability
The Merchants are not responsible for direct, incidental or consequential damages for any reason including, but not limited to damages resulting from a breach of a warranty or condition such as scratches in a device surface, lost data or lost or destroyed personal property.
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 Website"). You acknowledge that the Merchants are not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Website if you have any concerns regarding such links or the content located on such External Website.
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.
DISCLAIMER OF WARRANTIES
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, THE MERCHANTS DISCLAIM 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, THE MERCHANTS DISCLAIM 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, AND DOES NOT APPLY TO THE MERCHANTS PRODUCTS. INFORMATION CONCERNING WARRANTIES FOR THE MERCHANTS PRODUCTS ARE LIMITED TO THOSE PROVIDED BY THE INDIVIDUAL MANUFACTURERS AND WILL OTHERWISE ONLY MEET THE MINIMUM STANDARDS PROVIDED FOR BY THE LAWS OF PANAMA.
LIMITATION ON LIABILITY AND INDEMNITY OF THE MERCHANTS
UNDER NO CIRCUMSTANCES SHALL THE MERCHANTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE MERCHANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR PURCHASE OR USE BY YOU OR ANY THIRD PARTIES OF ANY GOODS OR SERVICES ADVERTISED IN OR SOLD FROM THE WEBSITE, 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.
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.
If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with
Governing Law; Entire Agreement