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Terms and Conditions

Name Active Wear Web Site – Terms and Conditions of Use

 

Effective Date: August 1, 2014

 

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NAME ACTIVE WEAR LLC. (“NAME ACTIVE WEAR”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE NAME ACTIVE WEAR WEBSITE LOCATED AT THE URL: HTTP://WWW.NAMEACTIVEWEAR.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO HTTP://WWW.NAMEACTIVEWEAR.COM BY NAME ACTIVE WEAR, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (THE “SITE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.  YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.   IF YOU ARE USING THIS SITE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS.  NAME ACTIVE WEAR MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. NAME ACTIVE WEAR CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE or BY SENDING AN EMAIL TO REGISTERED USERS.  IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE.  IF YOU INSTEAD CONTINUE TO USE THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

 

Name Active Wear may terminate these Terms and your use of the Site without notice if Name Active Wear, in its sole discretion, believes that you are either (i) between the ages of 13 and 18 and using the Site and its services without the permission of your parent or (ii) under the age of 13.

 

  1. Terms

By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

  1. Use License
  2. Name Active Wear grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. 
  3. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

 

  1. Disclaimer

The materials on Name Active Wear's website are provided "as is". Name Active Wear makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Name Active Wear does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

  1. Limitations

In no event shall Name Active Wear or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Name Active Wear's Internet site, even if Name Active Wear or a Name Active Wear authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

  1. Revisions and Errors

The materials appearing on Name Active Wear's website could include technical, typographical, or photographic errors. Name Active Wear does not warrant that any of the materials on its web site are accurate, complete, or current. Name Active Wear may make changes to the materials contained on its web site at any time without notice. Name Active Wear does not, however, make any commitment to update the materials.

 

  1. Links

Name Active Wear has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Name Active Wear of the site. Use of any such linked web site is at the user's own risk. YOU AGREE THAT NAME ACTIVE WEAR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. 

 

If applicable, you agree to pay all fees or charges to your account based on Name Active Wear’s fees, charges, and billing terms in effect at the time of purchase.  You are responsible for paying any taxes that may apply.  If you do not pay on time or if Name Active Wear cannot charge your credit card, PayPal or other payment method for any reason, Name Active Wear reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.  You are expressly agreeing that Name Active Wear is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that Name Active Wear may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

 

  1. Unauthorized Activities.
  • When using this Site and/or the services, you agree not to, without limitation:
  • Use any false or inaccurate information for purposes of registering as a user of the Site;
  • Delete or revise any material or other information of any other user or Name Active Wear;
  • Use the Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law;
  • Use the Site or the Materials for any commercial or pecuniary purpose;
  • Use the Site in any manner that is harmful to others;
  • Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
  • Allow any other person or entity to use your username or password;
  • Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or the Materials;
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
  • Frame or mirror any part of the Site without Name Active Wear’ prior written consent;
  • Create a database by systematically downloading and storing any Site content;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use racially, ethnically, or otherwise offensive language;
  • Discuss or incite illegal activity;
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • Post anything that exploits children or minors or that depicts cruelty to animals;
  • Post any copyrighted or trademarked materials without the express permission from the owner;                      
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; or
  • Alter the opinions or comments posted by others on this Site.
  • Further, you shall not violate or attempt to violate the security of the Site including, but not limited to, actions such as:
  • Introduce or attempt to introduce a Trojan horse, worm, virus, spider, robot, files, programs, or other malicious and/or foreign code into the Site designed to interrupt, destroy, or limit the functionality of the Site, the Materials or any computer software or hardware or telecommunications equipment;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site, or forging communications on behalf of the Site (impersonating the Name Active Wear website) or to the Site (impersonating another user);
  • Use the Site to collect or store personal data about others;
  • Accessing data not intended for you or logging into a server or account that you are not authorized to access;
  • Accessing the Site by any means other than through the interface that is provided by us for use in accessing the Site;
  • Using the Site for unintended purposes or trying to change the behavior of the Site;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or
  • Taking any action that may otherwise harm, disrupt or overburden the Site.
  • These listed prohibitions provide examples and are not complete or exclusive.

 

Name Active Wear reserves the right to (a) terminate your access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Name Active Wear determines is inappropriate or disruptive to this Site or to any other user of this Site.  Name Active Wear may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Name Active Wear’s discretion, Name Active Wear will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

 

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.

 

You agree to indemnify and hold Name Active Wear and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Name Active Wear or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

 

  1. Proprietary Rights.

Name Active Wear™ is a pending registered trademark of Name Active Wear in the United States.  All other trademarks, names and logos on this Site are the property of their respective owners. 

 

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Name Active Wear, LLC and are Copyright © 2014 Name Active Wear, LLC.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

  1. Site Terms of Use Modifications

Name Active Wear may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

 

  1. Governing Law

Any claim relating to Name Active Wear's website shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.

 

  1. Contact

If you have any questions about these Terms or otherwise need to contact Name Active Wear for any reason, you can reach us at Attn: Name Active Wear, LLC, 40 E. Main Street, Moorestown, NJ 08057 or email@nameactivewear.com