OVERVIEW

This website is managed by the Company. Throughout the website, the terms "we", "us", and "our" refer to the Company. The Company offers this website, including all information, tools, and services available from this site to you, the user, provided that you agree to all the terms, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you enter into our "Service" and agree to be bound by the following terms and conditions ("Service Terms", "Terms"), including the additional terms and policies referenced herein and/or available via a hyperlink. These Service Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Read these Terms of Service carefully before opening or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

All new features or tools added to our store are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after the posting of changes constitutes acceptance of those changes.

ARTICLE 1 - ONLINE STORE TERMS:

By agreeing to these Terms of Service, you declare that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province and you have given us permission to allow any of your minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate any law in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature. A breach of or violation of any of the Terms will result in an immediate termination of your Services.

ARTICLE 2 - GENERAL TERMS AND CONDITIONS:

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and that such transfers may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or any contact on the website without our express written permission. The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:

We are not responsible if the information made available at this location is not accurate, complete, or current. The material at this location is provided for general information and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or current information sources. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided solely for reference. We reserve the right to change the content of this site at any time, but we are not obligated to update the information on our site. You agree that it is your responsibility to check for changes on our site.

ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES:

The prices for our products may change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.

We will not be liable to you or to any third party for any modification, price change, suspension, or termination of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES:

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that the display on your computer monitor will be color accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All product descriptions or product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not guarantee that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION:

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel purchased quantities per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

In the event that we modify or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete transactions and contact you if necessary.

ARTICLE 7 - OPTIONAL TOOLS:

We can provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any approval. We are in no way liable for your use of optional third-party tools.

Any use by you of optional tools offered via the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES:

Certain content, products, and services available through our Service may contain materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy and we make no guarantees and have no liability or responsibility for any material or website of third parties, or for any other materials, products, or services of third parties.

We are not liable for any damage in connection with the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Carefully review the policies and practices of the third party and ensure that you understand them before entering into a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS FROM USERS:

If you send us certain specific submissions (for example, submissions for contests) at our request or creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by mail, or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium the comments you send us at any time, without limitation.

We are and will not be obligated to (1) keep any comments confidential; (2) pay compensation for any comments; or (3) respond to comments.

We may, but are not obligated to, monitor, edit, or remove content that we deem unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or in violation of a party's intellectual property or these Terms of Service at our discretion.

You agree that your comments will not infringe on the rights of third parties, including copyrights, trademarks, privacy, personality, or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate someone other than yourself, or mislead us or third parties in any other way regarding the origin of comments. You are solely responsible for all comments you make and their accuracy. We do not take responsibility and accept no liability for comments posted by you or a third party.

ARTICLE 10 - PERSONAL INFORMATION:

Your submission of personal information through the store is governed by our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS:

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the Service or on a related website is inaccurate at any time without prior notice (including after you have submitted your order).

We do not have any obligation to update, modify, or clarify information in the Service or on a related website, including but not limited to pricing information, except as required by law. There is no specified update or refresh date that applies in the Service or on a related website, and should not be construed to indicate that all information in the Service or on a related website has been changed or updated.

ARTICLE 12 - PROHIBITED USE:

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage others to engage in or participate in illegal activities; (c) violating international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, slandering, belittling, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) for spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for obscene or immoral purposes; or (k) to violate the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results obtained from the use of the service are accurate or reliable. You agree that we may remove the service for an indefinite period of time or cancel the service at any time without notifying you.

You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services provided to you through the service are (unless expressly stated by us) 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, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, 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, but not limited to lost profits, lost revenues, missed savings, loss of data, replacement costs, or any similar damages, whether based on a contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or products obtained through the service, or for any other claim in any way related to your use of the service or any product, including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) 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 limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION:

You agree to indemnify the Company and our parent, subsidiary, affiliate, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by a third party due to or arising out of your violation of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY:

In the event that a provision of these Terms of Service is unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms of Service, and shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION:

The obligations and liabilities of the parties that arose before the termination date shall remain in effect for all purposes even after the termination of this agreement.

These Terms of Service are in effect unless and until they are terminated by you or by us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you stop using our site.

If you, in our own judgment, fail, or we suspect that you fail, to comply with any condition or provision of these Terms of Service, we may terminate this agreement at any time without notice and you remain liable for all amounts due up to the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT:

The non-exercise or enforcement by us of any right or provision of these Terms of Service shall not be deemed a waiver of that right or provision.

These Terms of Service and all policies or company rules posted by us on this site or regarding the Service constitute the complete agreement and arrangement between you and us and govern your use of the Service and replace all prior or simultaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the drafting party.

ARTICLE 18 - APPLICABLE LAW:

These Terms of Service and all separate agreements under which we provide you Services are governed by and interpreted in accordance with the laws of Europe.

ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE:

You can view the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after the posting of changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 20 - CONTACT INFORMATION:

Questions about the Terms of Service should be sent to us at support@brightsport.com.