AWD13051

ActivewearUSA.com Terms of Use

Terms of Use

1. This website and its related URLs (the "Site") are owned and administered by Activewear Brands, LLC d/b/a ActivewearUSA and its affiliates ("Activewear"). These Terms of Use ("Terms") govern your access to and use of the content and services provided by the Site including all applications, APIs, SMS, RSS, newsfeeds, hyperlinks, tools and widgets, podcasts, videos, photos, games, quizzes, emails, illustrations, blogs, and any other information or materials uploaded, downloaded or appearing on the Site in any format ("Content"). "You" or "Your" as used in these Terms refers to any person or entity that downloads, uploads, or accesses the Site, or any Content. "User Content" as used in these Terms refers to any material or content in any format submitted, posted, or uploaded to the Site by You for any purpose. By using, purchasing products from, registering or opening an account with the Site You agree to these Terms, to the Privacy Policy, to the Return Policy, and to receive all notices relative to this Site electronically. If You do not agree with the Terms, the Privacy Policy, the Return Policy, or to receive notice electronically, do not register or open an account with, purchase from, use or access the Site.

2. Changes in Terms or Site. Activewear may modify, add, delete or discontinue any aspect, product, service or feature of the Terms, or the Site, at any time with or without notice, including but not limited to any Content, User Content, equipment needed to access the Site, hours of availability, the ability to upload and download Content, limits on use and storage, the ability of You or others to access the Site, and changes in the rules and prizes associated with any quiz or contest featured on the Site. Any change to these Terms will be effective immediately. You agree to review these Terms from time to time. Your use or access of the Site after the changes have been posted shall be deemed to constitute Your acceptance of those changes regardless of whether or not you have reviewed the changes.

3. License. You own all of the User Content You post or submit to the Site. Should You post or submit User Content in which You have rights to pursuant to any intellectual property law such as photos, videos, illustrations, articles, poems, or any other content. In consideration for Your accessing and utilization of the Site, You hereby grant Activewear a perpetual, worldwide, royalty free, irrevocable, non-exclusive, transferable license to all such content permitting Activewear to reproduce in any media format, to build upon, to publicize, to distribute to third parties, publicly display, modify, create derivative works from, and commercially exploit the content (the "License "). You warrant that any User Content posted by You is accurate and not misleading and that Your use of it on the Site does not violate any rights or cause injury to any other person or entity. Activewear will retain these rights even if You delete Your account or cease using the Site. Even if You delete the User Content, Activewear may still use it in accordance with the License. You also understand that although You may delete User Content You have posted, that the act of deleting something does not necessarily result in preventing others from accessing the User Content.

4. Eligibility. You must be at least 18 years old, or the minimum age in your jurisdiction in which to enter into legal binding contracts to use this Site. You are prohibited from using this Site if You are under the age of 18, or under the legal age in which You can form binding contracts in Your jurisdiction.

5. Electronic Authorization. Your registration or use of the Site constitutes Your affirmation to these Terms of Use and constitutes an electronic signature and consent to enter into agreements with Activewear electronically.

6. Advertisements and Third-Party Websites. Activewear may feature or allow to be featured, advertisements and promotions by third-parties on the Site or may provide access to a third-party's website through the Site. Portions of the Site may contain links to other websites and advertisements for products sold and operated by third-parties. Activewear does not monitor, investigate, approve, endorse, warrant or make any representations as to such websites, the content contained in those websites, or any products being advertised. Should you access links to third-party websites or purchase products from Advertisers, You do so at Your own risk. Activewear shall not be responsible for any damages You incur as a result of Your accessing third-party websites through links contained on the Site or Your purchase or use of products advertised on the Site.

7. Trademarks and Copyrights. Activewear owns all rights for all its logos, Trademarks and Service Marks appearing on its Site. All other logos, Trademarks and Service Marks appearing on the Site are the property of their respective owners. The Site and related content presented is protected by Copyright law and is the property of Activewear Brands LLC and its licensors. You agree that Activewear and its licensors own all Content contained in the Site, except User Content and links to third-party websites. You agree that the Site and the technology used to conjunction with the Site is the property of Activewear and its licensors and contains proprietary information owned by Activewear. Any redistribution or reproduction of any part of the Site, or all of the Contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for Your personal and non-commercial use only.
  • You may copy Content and transmit to individual third-parties for their personal use, but only if You acknowledge the Site as the source of the Content.
  • You may not, except with our express written permission commercially exploit the Content or otherwise distribute it to any third-party for their commercial use.

All ownership and legal rights in the Site not specifically granted to You are retained by Activewear and its licensors.

8. Registration. You represent that any information You submit in connection with registering to use the Site, or creating an account, is true and complete. You irrevocably consent to Activewear using Your information in connection with the Site. You are responsible for creating and safeguarding all passwords You use in conjunction with the Site. You are encouraged to use passwords that comprise of uppercase and lower case letters, numbers and symbols and containing more than 8 characters. You agree that Activewear is not responsible for any loss You incur as a result of any unauthorized use, or misuse, of Your password by You or any third-party. You agree that Activewear is not responsible for any loss You incur as a result of any unauthorized access of your account or personal information by another. You agree to immediately notify Activewear if You suspect that someone has used Your password or Your account without Your authorization.

9. User Guidelines. By accessing or using the Site You agree to abide by the following guidelines:

  • You shall not upload, post, or submit any User Content to the Site that violates or infringes on the rights of others. You shall not post any User Content that violates any Copyright, Trademark, trade secrets, right of publicity, or any other intellectual property rights belonging to others. You agree to indemnify and hold harmless Activewear against any claim arising out of User Content posted by you, including attorney's fees. You agree to cooperate with us in investigating any claims related to User Content posted by You and to cooperate with Activewear in asserting any defenses as to any claims brought against in relating to the User Content posted by You.
  • You shall not post comments or User Content that is vulgar, obscene, profane, offensive, or otherwise inappropriate.
  • You shall not post, upload or submit User Content that violates any criminal or civil laws.
  • You shall not submit or post User Content that advertises or solicits goods or services without Activewear's prior written consent. You shall not post any User Content which qualifies as spam, junk mail, chain letters, or a pyramid Scheme.
  • You shall not collect or use personal information about the Site's other users without their written permission.
  • You shall not attempt to upload any virus or any application or software that interferes with Site's ability to function or which collects or stores data about Activewear, the Site, or its users.

10. Termination and Deletion of User Content. Activewear shall have the right, but not the obligation, to immediately terminate any registration or account You have with Activewear, with or without notice, should Activewear determine in its sole discretion that You have breached the Terms, or have otherwise acted in a manner that is unacceptable. Activewear has the right, but not the obligation, to remove, delete or edit any User Content posted by You. Should Activewear terminate Your registration or account or prevent or limit Your use or access to the Site, provisions 1, 2, 3, 6,7,8,9,10,11,12,14,15, and 16 of this Agreement shall survive termination and shall remain in force. Activewear's failure to terminate Your use due to any violation does not waive its right to do so at a later date. Should Activewear terminate Your account, registration, or use of the Site, You agree to immediately permanently destroy any Content You have obtained from the Site. No waiver by Activewear of any breach or default by You shall be deemed to be a breach or waiver of any preceding or subsequent breach or default.

11. Indemnification. You agree to indemnify and hold harmless Activewear, its officers and directors, licensors, service providers, employees and agents from and against any claims or losses, liability and damages whatsoever including but not exclusive to, attorney's fees, related in any way to Your use of the Site. Activewear reserves the right to assume control over the defense of any claim that is subject to indemnification by You. Activewear's assumption of control over the defense of any matter does not relieve You of Your obligation to indemnify Activewear or to reimburse Activewear for any costs or expenses it occurs in defending against the claim including payment of attorneys fees.

12. Limitation of Liability. You agree that the use of the Site is at Your sole risk. Neither Activewear nor any of its employees, agents, third-party content providers, vendors or licensors warrant that Activewear will be uninterrupted, or error free; nor does Activewear warrant or guarantee the any results that may be obtained from the use of the Site, or as to the accuracy, timeliness, performance, completeness, reliability or suitability of any information, service, software, or merchandise provided on this Site. Activewear disclaims all warranties express or implied including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose. Activewear does not warrant that any information or merchandize found on the Site is fit for any particular purpose. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. You acknowledge that information and materials contained on this Site may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Portions of this Site comprise of an interactive community where Users can interact with other Users. You understand that by accessing and using the Site You may be exposed to Content that might be offensive, harmful, defamatory, deceptive and otherwise inappropriate, or encounter third-parties who are not who they claim to be. You should always use Your best judgment when interacting with another User and take all necessary steps to ensure that the user You are interacting with is who they claim to be. Activewear, its affiliates, nor their respective employees, third-party content providers, or licensors are liable for any defamatory, offensive, or illegal conduct of other users or third-parties. By accessing or using the Site You assume all risks associated with Your use of this Site including but not exclusive to any risk associated with any defamatory, offensive, or illegal conduct of other users or third-parties. You understand that in addition to the rights Activewear has to use the User content pursuant the License, any User Content You post may be reposted by other users. Should you delete Your account, or Your User Content, the User Content may remain on the Site. The frequency and extent that You interact with other Users is solely within Your discretion. Activewear is not liable for any damages that You incur as a result of Your interaction with another user.

13. Warning. The information provided on this Site is for informational and educational purposes only. The Content and information made available on the Site does not and is not intended to provide medical advice and should not be used in place of professional medical advice, diagnosis or treatment. Activewear is not a licensed medical care provider and has no experience or expertise in advising, diagnosing or treating medical or health conditions of any kind. You should always consult a physician before starting any fitness or nutrition program. Your use of any information or materials on this Site is entirely at Your own risk, for which Activewear shall not be liable. By accessing and using the Content contained on this Site You represent that You have consulted with a physician before participating in any health, wellness, fitness, exercise, or nutrition program contained on the Site. As with any health, wellness, exercise, fitness or nutritional program, including any featured on this Site, there is an inherent risk of injury or death. By accessing and using the Content contained on the Site You acknowledge that such risks exist and agree to accept all such risks that come with participating in any health, fitness, exercise, or nutritional program featured on this Site. Should You feel pain or discomfort while participating in any exercise, training or nutritional program featured on this Site You should stop the activity and consult with Your physician before continuing. In the case of an emergency You should seek immediate medical attention. Under no circumstances should You rely on the information contained on the Site to diagnosis or treat any medical condition, injury or illness.

14. Specific Provisions Applicable to Trainers, Instructors and other professionals. If You hold Yourself out to be a Trainer, Instruction, nutritionist, or other professional having specialized knowledge of any aspect of the health and fitness industry while using the Site than this provision applies to you in addition to the other Terms. You shall not at any time misrepresent Your training, qualifications, certifications, education or other credentials. You shall not hold Yourself out to be a Certified Personal Trainer, a certified instructor, a nutritionist, or a specialist in any field related to the health and fitness industry unless You have met all of the qualifications necessary to practice as such in Your jurisdiction at the time of Your posting. Activewear reserves the right to demand that You provide Activewear with documentation supporting Your qualifications and You agree to provide any documentation requested. Activewear may delete any User Content it deems in its sole discretion to violate the Terms or to be inappropriate. You shall not practice medicine or provide medical advice to any user of the Site. You shall not post any User Content that violates any state, local or federal laws or ethical rules applicable to Your profession.

15. Special Provisions Applicable to Advertisers. Should You purchase advertising space from Activewear, this provision applies to You in addition to the other Terms. Unless You enter into a separate written agreement with Activewear regarding advertisements, the following governs advertisements submitted to the Site. When You purchase advertising space from Activewear, Activewear will determine the location, size and positioning of the advertisement and the time and date that it will run. Activewear does not guarantee that the advertisement will receive a minimum number of clicks. Although Activewear does monitor the number of clicks an advertisement receives, it is not obligated to keep track of that information. Activewear is not responsible for any damages You may incur as a result of the Site being unavailable or any other technology issues that may prevent Your advertisement from running. Activewear is not liable for the acts of third-parties. Activewear may reject any advertisement for any reason. Activewear is not liable for any damages You may incur as a result of Your advertisement being posted on the Site. You agree to indemnify and hold Activewear harmless from any claim brought by a third-party relating in any way to the running of Your advertisement on the Site. Activewear may use Your advertisement, or portions of Your advertisements in its promotions in any way it deems appropriate. You may not use the Site or Activewear in advertising or promoting goods or services provided by You without first obtaining Activewear's consent.

16. Governing law. These Terms shall be construed in accordance with the laws of the state of North Carolina, without regard to its conflict of laws rules. The headings contained in these Terms are for navigation purposes only and do not have any legal bearing on the Terms themselves. These Terms of Use, the Privacy Policy, the Return Policy and any operating procedures or rules established by Activewear constitute the entire agreement between the parties and supersedes all previous written or oral agreements between the parties with respect to the same subject matter. Any lawsuit brought be You against Activewear, or its licensors relating to Your use of the Site, shall be brought in state or federal court sitting in Mecklenburg County, North Carolina. You agree to that such courts shall have exclusive jurisdiction over the matter. Should any part of these Terms be deemed invalid by a court of competent jurisdiction, than the remaining Terms remain in force.

17. Contact Information. Should You have any questions about any of the Terms or anything relating to the Terms, You may contact Activewear at ActivewearUSA, Suite C4218, 7845 Colony Rd, Charlotte, NC, 28226 . These Terms of Use were last modified on 12/14/2013.

Intellectual Property Claims: Infringement Notice

(c) Activewear Brands LLC 2014.