Effective: February 14, 2020
Through your use of our Site, you agree to these Terms.
Your Access to the Platform
Subject to your compliance with these Terms, Cole Sport grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use our Sites and any software made available to through the Sites. As a condition of your right to access and use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Sites under the laws of your jurisdiction. Cole Sport reserves the right to terminate your access in the event you violate these Terms or any Sites Agreement. If you are accepting these Terms and using the Sites on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SITES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.
Additional Agreements & Third Parties
Content on our Sites
Content such as text, images, links, audio, video, or other material (“Content”) is available on our Sites. The Content is owned by Cole Sport, or its respective partners, customers, or suppliers, with all rights reserved, and may be licensed to Cole Sport by third parties. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Sites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. Any use of Content on the Sites, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Cole Sport, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of Cole Sport.
You may not engage in any of the following with regard to the Sites:
violate or encourage the violation of any local, state, national, or international law or regulation;
solicit, collect or store personal data about other users of our Sites;
deep link to the Sites for any purpose; or frame the Sites, place pop-up windows over any content, or otherwise affect the display of the Sites;
send or promote any message that is unlawful, libelous, defamatory, abusive, threatening, or otherwise inappropriate, as determined by Cole Sport in its sole discretion;
infringe any patent, trademark, trade secret, copyright, or other right of any party, distribute any content you do not have a right to make available, create derivative works or exploit the Sites;
disrupt or interfere with the security or use of the Sites or any websites or content linked to them, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology;
use the Sites to store or transmit code, files, scripts, agents or programs intended to do harm;
misrepresent your affiliation with a person or entity, including Cole Sport, or create or use a false identity, or attempt to misappropriate any other person’s identity;
attempt to obtain unauthorized access to the Sites, information, or portions thereof that are restricted from general access;
attempt to reverse engineer or otherwise derive or obtain code in any form for any software used in the Sites;
violate any applicable law; or
assist any third party in engaging in any activity prohibited by these Terms.
Usernames, Passwords and Security
You are responsible for protecting and keeping confidential your username, password, and other account information. Cole Sport is not liable for your failure to protect your account credentials, or for your use of an insecure password. You are responsible for updating and keeping current any account information, including any phone or email addresses we use to communicate with you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COLE SPORT, ITS RELATED ENTITIES, ITS SITES PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SITES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Sites, or other use of our Sites in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you, or another user of our Sites using your computer, device or account.
Providing Feedback to Cole Sport
We welcome your comments and feedback about our Sites. All information and materials submitted to Cole Sport through the Sites or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Sites or the business of Cole Sport (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Cole Sport reserves the right to treat any such Feedback as the confidential information of Cole Sport.
By submitting Feedback to Cole Sport, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and Sites using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
Modifications and Interruption to the Sites
We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites, or that our Sites will be error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Cole Sport shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Sites. Cole Sport reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Cole Sport may discontinue or alter any aspect of this Sites, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Sites for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use this Sites, at Cole Sport's sole discretion and without prior notice or liability.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Utah, U.S.A. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of Salt Lake City, Utah, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Cole Sport.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Sites must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Notice for California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Consent to Electronic Communications
By using the Sites, you agree that Cole Sport may communicate with you electronically regarding your use of the Sites and related matters, and that any notices, agreements, disclosures or other communications that Cole Sport sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify Cole Sport at: [EMAIL].
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of any of our Sites after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Integration - These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver - No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability - If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Cole Sport.
Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Relationship - No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
Force Majeure - Cole Sport will not be liable for any failure or deficiency in the performance or availability of the Sites by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of Sites, communication outage, failure by a service provider to Cole Sport, fire, terrorism, natural disaster, or war.