MODIFICATIONS TO AGREEMENT
One Tri may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the One Tri Web site from time to time to review the current terms and conditions.
Any and all intellectual property rights associated with the Service and the OneTri.com Web site and its affiliates — including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, and copyrights — are the sole property of One Tri, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without One Tri’s written permission. Except as provided herein, One Tri does not grant to you any express or implied rights to One Tri’s intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term “Content” refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content that you provide to One Tri, you hereby grant to One Tri a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit any Content that is provided during your use of the Service.
“One Tri®” is a registered trademark of One Triathlon Gear, Inc. No license to use or reproduce this trademark or other trademarks on the Service is given or implied. All other brands and product names are the trademarks of their respective owners.
You agree that One Tri, in its sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if One Tri believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that One Tri may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that One Tri shall not be liable to you or any third party as a result of One Tri’s termination of your access to the Service.
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the checkout process, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.
You explicitly agree not to:
Transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another’s privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
Transmit any unsolicited promotional Content, advertising materials, “spam,” chain letters, or other such solicitation;
Use the Service to publicly broadcast, transmit, or display Content for “pay-per-download” or other commercial purposes;
Transmit any Content that solicits purchase of any product or service, unless that solicitation has been explicitly approved in writing by One Tri;
Use the Service to transmit Content that includes any virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host;
Disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity; or
Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service, nor act as a conduit for others to affect the same result.
One Tri assumes no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
Any Content you transmit will be treated by One Tri as not being confidential to you, except as noted in the Privacy Statement.
You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, “sniffed” and/or accessed by another person without your permission. One Tri cannot and will not guarantee the security of any of the Content stored or transmitted by the Service.
You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.
You are solely responsible for ensuring that the Content, and any transmission or processing of the Content, does not violate the intellectual property rights of others.
IN NO EVENT SHALL ONE TRI BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF ONE TRI WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
Errors in the description, photography, or typographical errors are subject to correction at the sole discretion of One Tri.
Parties other than One Tri and its subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the Web sites of affiliated companies and certain other businesses. One Tri shall not be responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their respective Web sites. One Tri assumes no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.
By using the Service or by communicating with One Tri electronically via e-mail, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RISK OF LOSS
All items purchased from One Tri are made pursuant to a shipment contract. The risk of loss and title for such items shall pass to you upon One Tri’s delivery to the carrier.
One Tri attempts to be as accurate as possible with respect to product descriptions. However, One Tri does not warrant that product descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product offered by One Tri itself is not as described, your sole remedy is to return it in unused condition subject to the terms of One Tri’s Return Policy.
One Tri cannot confirm the price of an item until an order is placed. Despite our best efforts, a small number of items on the Service may be mispriced. If One Tri discovers that an item is mispriced, One Tri may do one of the following:
If the correct price of the item is lower than that stated on the Service, One Tri will charge you the lower amount; or
If the correct price of the item is higher than that stated on the Service, One Tri will, at its sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. ONE TRI AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
You agree to indemnify and hold One Tri and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.
MODIFICATIONS TO SERVICE
One Tri reserves the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. One Tri may also change your priority of access to the Service with respect to other users. One Tri makes no commitment to update the information provided by the Service.
DISCLOSURE OF CONTENT
Although One Tri has no obligation to monitor the Content of its users, it reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of One Tri, its users, or the public.
This Agreement shall constitute the complete and exclusive agreement between you and One Tri. While One Tri reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of One Tri execute a separate written agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of California. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of California. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, One Tri may obtain equitable relief in any court to protect its intellectual property.
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