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Terms of Service

ARMA SPORT, INC. TERMS OF SERVICE

Last Updated November 18, 2019

Thank you for visiting the Arma Sport, Inc. website www.armasport.com (the “Site”).  The Site is owned, operated and maintained by Arma Sport, Inc., referred to herein as the “Company”, “we”, “us” or “our”.   

Agreement with our Terms and Conditions

This Terms of Service Agreement (“Terms of Service” or “Agreement”) sets forth the agreement between the Company and each user “you” or “user” governing the access and/or use by you of our Site.  Our services accessed via the Site, in which users can visit, browse and/or purchase our products from us is sometimes referred to herein as our “Service”. We encourage you to read this Agreement carefully before using the Site.  This is a legal agreement between you and the Company. By using the Site, you agree to be bound by the terms and conditions contained in this Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR SITE.

The Terms of Service may change from time to time.  We will notify you of any material changes by posting a notice on our Site for a reasonable time after the changes are made.  Please check this page periodically for changes. Your continued use of the Site following the posting of changes to the Agreement will mean you accept those changes.

Using our Site, you agree and will be subject to all posted policies which may be applicable to your use of our Service and our Site.  Our Privacy Policy, which is expressly incorporated by reference into this Agreement, governs your use of the Site and any information provided by you or obtained by the Company or third parties during your use of the Site.  Please carefully review the terms of our Privacy Policy.   

We reserve the right to deny Service and/or access to our Site to any person in our sole and absolute discretion.  

Not Health Care Advice

You agree that we shall have no responsibility or liability for your medical, health, dietary or nutritional decisions based upon any information or products obtained on or through our Site.  The information we provide on or through the Site regarding dietary supplements has not been evaluated by the U.S. Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any health condition, illness or disease, and is not meant to be used in place of the advice provided by your doctor or other health care professional.  You should not use the information available on or through the Site, including but not limited to such information that may be provided by healthcare or nutrition professionals, for diagnosing or treating any health condition, illness or disease.  


Restricted Use of Materials on our Site

The Site and all content on the Site are copyrighted materials under U.S. copyright laws.  The content on our Site, and the Site as a whole is our exclusive property and is intended solely for personal, non-commercial use.  You may view, print and/or download portions of the content only for personal use. The content may not be used for any public or commercial purposes.  Additionally, the names and logos of Arma Sport, Inc. are subject to trademark, service mark and/or trade dress intellectual property rights of the Company.  All copyrighted materials, trademarks, service marks and/or trade dress may not be copied, reproduced, published, or transmitted in any way without the prior written authorization of the Company.   

Links to Other Websites

We may provide access from our Site to other websites or links to third party websites as a convenience to you, and these other websites are not under our control.  We do not approve, endorse or control any third party websites or any products or information offered at such sites. You are responsible for your own use of other websites and agree that the Company will not be liable in any manner for your use or inability to use other websites, or for any goods or services, or content provided on or by third party websites.

Use of the Site

In order to use the Service offered on or through our Site you may need to create a user account.  You are responsible for maintaining the confidentiality of the information you hold for your account and agree that you are fully responsible for all conduct, activities and transactions that occur under your password or account.  You further agree to comply with all applicable laws when accessing or using the Service and our Site. The Company will not be responsible or liable for any loss or damage arising from your failure to abide by and fulfill these obligations.

User Content 

The Company welcomes any comments you may have regarding our products and Service or our Site (“User Content”).  However, if you are under the age of 13, you must not submit any User Content to our Site. The Site is intended for adult use only.

By submitting, posting or displaying any User Content to us through our Site, you are automatically granting and do hereby grant the Company a royalty-free, fully paid up, perpetual, worldwide, irrevocable, non-exclusive and fully transferable license to use, copy, display, publish, modify, and adapt such User Content and/or to incorporate it in other works in all form and media (the “License”), even after this Agreement is later terminated.  You agree to waive any moral rights in and to the User Content. This grant includes any intellectual property rights in and to your User Content. You agree that you own the User Content submitted by you on our Site or have the right to grant the License. You agree the submission of your User Content on our Site is not in violation of any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You are responsible for any User Content you submit to our Site, and the Company will not be responsible in any manner or liable for any User Content you submit to our Site. 

Code of Conduct

By accessing or using our Site, you agree to abide by the following code of conduct and agree that you shall not use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal 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) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to harm minors in any way; (l) to engage in disruptive activity such as posting unrelated content; or (m) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. 

You are solely responsible for the content and consequences of any of your activities on the Site.  If the Company determines that a breach has occurred, the Company may take such action as it deems appropriate, including but not limited to terminating your use of the Site or removal of any submission by you to our Site.

In no event shall we be liable for any actions taken in response to any breach by you of the foregoing express Code of Conduct.  Additionally, the Company cannot and does not assure that other users are or will be compliant with our Code of Conduct, and as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Disclaimer of Warranties

THE SITE, THE PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH OUR SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE SITE, THE PRODUCTS AND/OR SERVICES OFFERED ON OUR SITE MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY MAKES NO WARRANTY THAT THE SITE, THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WILL: BE ACCURATE OR RELIABLE; BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; BE FREE OF VIRUSES; HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE; OR PROVIDE ANY SPECIFIC RESULTS OR HEALTH-RELATED OUTCOME.  THE COMPANY IS NOT LIABLE FOR ANY INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OTHERWISE BY OR THROUGH THE SITE, AND SHALL NOT CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  

THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.  

YOUR USE OF THE SITE AND/OR SERVICE IS AT YOUR SOLE RISK.     

Reservation of Rights

The Company reserves the right, without notice and at any time, to modify, change or update the Site, or modify, suspend, interrupt, cancel or terminate operation of or access to the Site. 

Limitation of Liability

Except where prohibited by law, in no event shall the Company be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, exemplary, special, or consequential damages of any kind, including lost profits, lost revenue, loss of data, replacement costs, or similar damage, whether based in contract, tort, strict liability or otherwise, arising from your use of our Site, or for any other claim related in any way to your use of the Site, 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 Site or any content posted, transmitted, or otherwise made available by or through the Site, even if we have been advised of the possibility of such damage.

Indemnity

You agree to defend, indemnify and hold the Company, and its officers, directors, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any loss, liability, or expenses including attorney’s fees, relating in whole or in part to any claims or demands made against us by any third party due to or arising out of or in connection with your use of the Site or violation of these Terms of Service. 

Termination and Remedies

This Agreement is effective unless and until terminated by either of the parties.  You may terminate this Agreement when you cease using our Site. The Company may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site for any reason or no reason, and including if it is determined that you have violated this Agreement or any other agreements or guidelines which may be associated with your use of the Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. 

Additionally, under no circumstances will the Company be liable to you or any third party for termination of your access to the Site as a result of any violation of our Terms of Service.  Any violation by you of this Agreement will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company for which monetary damages would be inadequate.  You agree to our obtaining any injunctive or equitable relief should we deem such action to be necessary or appropriate, and in addition, we may pursue any other remedies that the Company may have at law or in equity.  If we take any legal action against you as a result of your violation of this Agreement, the Company will be entitled to recover from you all reasonable attorney’s fees and costs of such action in addition to any other relief afforded.  

Governing Law  

The laws of the State of California, without regard to conflict of law principles, shall govern the interpretation and enforcement of this Agreement.  

Jurisdiction

All disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located within San Diego County California and you agree to submit to the personal jurisdiction and venue of such courts.

Modification 

This Agreement may only be modified and revised by us.  Your continued use of the Site after notice of modification or revision constitutes your acceptance and agreement thereof. Prices for our products are subject to change without notice. We reserve the right at any time without notice to modify or terminate operation of the Site, or any portion thereof. We shall not be liable to you or to any third-party for any modification, product price change, suspension or termination of the Site, or any portion thereof.

Severability

If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

No Waiver

Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce each and every provision thereafter. 


Entire Agreement

This Agreement constitutes the entire agreement between you and us with respect to our Site, products and Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to our Site, products and Service.

Contact Us

If you have any questions or comments regarding our Terms of Service, or wish to report any violation of this Agreement, we invite you to contact us at support@armasport.com.