CHANGES TO THE TERMS.
Please review these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
Unless otherwise noted, you should assume that everything you see, hear, or otherwise receive from or on the Site (the “Content”) is copyright, trademark, trade dress or other intellectual property owned or licensed by Sport-Tek and protected under U.S. and international laws and treaties. Content includes, without limitation, images, graphics, photographs, trademarks, logos, text, documents, sounds, the Site as a whole, and the selection, coordination and arrangement of Content.
Sport-Tek and its associated logos are trademarks or service marks of Sport-Tek. Use of any Sport-Tek trademark, service mark, logo or trade dress is prohibited without Sport-Tek’s prior written permission. Use of trademarks in domain names for apparel related sites is prohibited. Other trademarks used on the Site are the property of their respective owners.
Any links from the Site to third party sites are provided only as a convenience. Your use of outside links is at your sole risk. Such links do not constitute Sport-Tek’s endorsement of any third party, its site, or its goods or services. Sport-Tek is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have any concerns regarding any outside site linked to or from the Site, please direct them to the owner or operator of the outside site.
You may not create links to the Site that portray Sport-Tek in a false or misleading light. You may not use any “framing” or similar techniques to enclose any portion of the Site. You may not link to any pages other than the Sport-Tek homepage.
DISCLAIMERS AND LIMITATIONS OF LIABILITY.
YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, Sport-Tek MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. Sport-Tek PROVIDES THIS SITE, ALL CONTENT AND ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE, “AS IS.” Sport-Tek DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Sport-Tek WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF Sport-Tek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Sport-Tek does not warrant that your use of the Site, the operation of the Site, or any service offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. Sport-Tek makes no representations regarding the currency, accuracy or reliability of information on the Site.
You agree to assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Sport-Tek will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services.
You agree to defend, indemnify and hold harmless Sport-Tek and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or your violation of any of the Terms.
APPLICABLE LAW AND DISPUTE RESOLUTION.
The Terms will be construed according to the laws of the State of Washington, U.S., without regard to its conflicts of laws principles. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, shall be resolved by a court of competent jurisdiction located in King County, Washington. Your use of the Site constitutes your consent to submit to the jurisdiction and venue of the state and federal courts located in Washington. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees.
If a court of competent jurisdiction finds any provision or portion of the Terms to be void or unenforceable, that provision or portion will be enforced to the maximum extent permissible to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. No waiver of any of the Terms shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under the Terms. The Terms are the entire agreement between you and Sport-Tek relating to the Site. Any other agreement between you and Sport-Tek regarding the subject matter of the Terms is superseded and has no force or effect. All rights not expressly granted herein are reserved.